Last week, a lawsuit accusing Skechers USA Inc. of defective design of their Shape-up toning shoe that allegedly caused injury was tossed by a Kentucky federal judge who ruled that the statute of limitations barred the plaintiff’s claims.
The plaintiff alleged in her Skechers lawsuit filed in October of 2013 that Skechers Shape-up shoes caused her to fall and injure herself in 2011. She argued that she did not realize the shoes had contributed to her fall when it occurred in 2011 and therefore Kentucky’s one-year statute of limitations on injury claims should not apply.
More than 800 plaintiffs have filed personal injury lawsuits in 10 states, contending that the rocker bottom feature of the Skechers toning shoes’ soles changed the way they walked and caused severe lateral instability.
Last week, U.S. District Court Judge Thomas B. Russell disagreed with the plaintiff and tossed her Skechers toning shoe lawsuit. In his order, Judge Russell pointed out that the plaintiff had stated in her deposition that she was aware that the shoes contributed to her injuries on the day of her fall. He also pointed out that one of the plaintiff’s doctors had told her within several weeks of her fall in 2011 that the shoes had caused her fall.
“[I]n this case [the plaintiff] was aware that the Shape-ups were unstable and may have caused her fall,” wrote the judge in his opinion dismissing the Skechers lawsuit. “[She] did not need to understand the exact science which caused the shoes to be unstable to know the shoes were unstable,” he concluded.
This case follows multidistrict litigation that combined 12 pending class action lawsuits filed against Sketchers over the allegedly unstable footwear. Personal injury lawsuits cropped up in 10 states, alleging that the soft unstable bottom sole feature of the Skechers Shape-ups caused severe lateral instability by changing their walking pattern. Sketchers had settlement agreements pending with more than 430 individuals. However, these settlement agreements had stalled on the remaining claims in October 2014 and, as a result, plaintiffs turned to state courts to file their claims.
Judge Russell had struck down a motion from Skechers to stop plaintiffs from filing the class action lawsuits in various venues complaining that that plaintiffs were “forum shopping” for the most favorable state laws. Skechers also claims that they were trying to avoid increasing litigation costs. Earlier in May of this year, Judge Russell disagreed with Skechers, ruling that the plaintiffs were entitled to choose their initial venue.
In 2012, Skechers agreed to pay $40 million to settle class action lawsuits that accused the shoe company of making unfounded claims that its toning shoes would help people strengthen muscles and lose weight. Under the terms of the Skechers toning shoe settlement, customers who purchased Skechers Shape-Ups, Tone-Ups, Resistance Runners or Trainers were eligible for cash refunds.
The plaintiff is represented by Martin Daniel Crump and Trevor Bruce Rockstad of Davis & Crump PC.
The Skechers Toning Shoe Injury Lawsuit is Case No. 3:11-md-02308, in U.S. District Court in the Western District of Kentucky.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
8 thoughts onTime Runs Out for Skechers Toning Shoe Injury Lawsuit
I have a case with you. I’m waiting for Medicare or Medicaid to take out their portion . I can’t possibly conceive why this is taking so long.I sure could use the money. I would highly appreciate the help which hopefully soon well get our case resolved. Please call me with any info comes your way or if your able to help please do. 319 E Arizona Ave. Sandoval Il.62882. 618 237 4347 please leave a text and no.i would appreciate it if there’s anyway you can help me I’d be very dreadful. Why hasn’t this ended by now? Please let me know something. My birthdays 09-17-1961 Thanks Jennifer Williams
Mea
I am on my second pair of shape ups and I was saddened to learn the other day they no longer make them and I just saw about this lawsuit. I love this shoe!!! I go on 8mile walks with these and actually wore a hole in my first pair from wearing them so much. And sadly had to toss them after 5yrs. I also noticed my calves and buttock were more toned.
Common sense people if the shoe hurts you stop wearing it. Why keep wearing something your not comfortable in.. instead people would rather complain then correct the issue. Unfortunately that’s what society is now about. What a shame.
Looks like I missed out on making some money on my 2 pairs I bought. Shaking my head, people are truly unbelievable.
My wife & I both purchased sketcher shape-up shoes, at first felt unbalanced. We read all the instructions,then began walking correctly in them. We started walking back & forth in our living room, once we seen and felt stable, we worked in them and went for long walks
Our calves and butt tocks felt the Good differences. Funny that women can wear shoes with 3 to 5 inch heels and not fracture anything.yet fall over a pair of Flat shoes with a heel slightly trimmed on a angle. I believe someone smelled $$$$$! Money. Now a great shoe is gone shame on the unbalanced people. Did the money fix your improper poster??
I bought a blue pair they hurt my back hips and yes I tripped alot I couldn’t water them cause they caused me pain so I threw them away
I couldn’t wear them
I used to walk 6 to 12 miles a few times a week in my sketcher shape ups and eventually could not because my hips were hurting so much. Well it has been a few years now and I still blame the Sketchers. Unfortunately I did not have medical insurance at the time and even now my hips still ache. Wish I would have known about the class action lawsuit!!!
Shape ups did not help my shape they are not Comfortable. I always trip the bottom soles are to thick
I bought a pair of black shape ups tone . The first 2 weeks was pain full. The third week was much better but now I was not able to use any other shoes cuz the side of my hips will hurt like hell I didn’t when to work for a week I stay home and I didn’t use no shoes for a while. Until I star using regular shoes. The shape ups hurt with or without out later u have the ciatic nerve all mass up…