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According to Kline & Specter attorney Thomas Kline, who once investigated Nike Air Presto Femme a possible claim for a high-ranking draft pick from University of Kentucky, Nerlens Noel, after a knee injury, the split shoe should serve as an exhibit in the “museum of defective products.”
Kline and others agreed that having the shoe split in the middle of a game appeared to be a textbook example of a products liability case, where a product failed during the course of its normal use.
“Nike didn’t tell Duke or any other consumer, please only have this sneaker worn by your 165-pound point guard,” Adidas Ultra Boost Mujer Kline said.
The likely defense to that claim would focus on whether Williamson—who is listed as 6′ 7″ and 284 pounds—used the shoes improperly, but attorneys said this defense is weak.
“He’s a big guy with a fast and aggressive playing style,” Montgomery McCracken Walker & Rhoads attorney Steven Pachman, who focuses on defending Nike Air Max Tn Homme concussion lawsuits, said. “This defense probably does not hold water. Nike designed the basketball shoes knowing they will be subject to severe wear and tear. … It would be tough Nike Air Max Classic BW Mujer to say they couldn’t have foreseen this.”
Hanna agreed, saying the incident could be “a classic products liability claim.”
“The product was designed specifically Nike Air Max 90 Damen Pink for athletes, and more specifically for Duke,” Hanna said.
Kline said that, in states like Pennsylvania, which allow for strict liability claims, the plaintiff might Nike Air Max Classic BW Homme not even need an expert to prove their case.
“To hear the facts of the case, where a sneaker, worn in an ordinary way, during a routine basketball game, completely fails—that, without expert testimony, would be within the purview of a lay person,” Kline said. “This is one of the few product defect cases that is well within the realm Nike Air Max 95 Femme of the purview of a lay person.”
The incident, however, happened in North Carolina, which does not follow strict liability, but instead requires proof of negligence. Kline said that may require some expert testimony, but Williamson’s Nike Air Vapormax Femme claim would still be very strong.
Attorneys said Williamson could also make a claim against Duke for Nike Air Max 1 Damen negligence for breaching its duty to generally protect their players, but Williamson isn’t the only one who has a potential claim, according to attorneys. Duke, which has a Nike Air Max 270 Mujer contract with Nike to be the school’s exclusive supplier for footwear through 2027, could also make a claim against Nike for breach of contract.
Kline also said Duke could bring a products liability claim, because if they purchased the shoes, they also have the expectation the shoes won’t split during regular use. But a lawsuit Nike Air Max Tn Mujer from Duke would be unlikely, attorneys said.
“I would be very stunned if Duke were to sue Nike because the relationship between colleges and the Nikes of the world is something which I don’t think either of them would want a big spotlight to be put on,” Edelson said.