Skechers “Shape-Ups” Fall Short

Around 2009, Skechers U.S.A., Inc. introduced their “Shape-Ups”, which are work-out or toning shoes with a rocker sole or rocker bottoms and have a thicker than normal sole with a rounded heel. The construction of most varieties of rocker sole shoes mean that the wearer’s body weight is shifted behind the ankle and the wearer is required to do more work than would be required in flat-soled shoes to find the center of gravity and remain balanced (The Columbia Dispatch).

Skechers, and other shoe companies, have been promoting the rocker sole shoes with the assistance of celebrities like Kim Kardashian and by claiming that the rocker sole shoes help people lose weight and tone their buttocks, legs, and abdominal muscles without going to the gym (www.ftc.gov/opa/2012/05/consumerrefund.shtm).

Advertisements claims like these made the Federal Trade Commission (or “FTC”) sit up and take notice. The FTC is an independent government entity whose principal mission is the promotion of consumer protection. When the FTC looked closer at the “Shape-Ups” advertisements and claims, they found a number of problems and concluded that Skechers was falling short of its advertising claims and was misleading consumers. In 2012 Skechers agreed to pay $40 million to settle charges that Skechers deceived consumers (http://www.ftc.gov/opa/2012/05/consumerrefund.shtm).

Advertising was not the only way Skechers U.S.A., Inc. was falling short with regards to the “Shape-Ups.” After only being on the market for a short time, individual consumers began noticing injuries as a result of the altered gait and instability caused by rocker sole shoe’s inherent design requirement that the wearer’s body weight is shifted behind the ankle.

On February 11, 2011, Good Morning America featured a story about a consumer who believes that she had sustained serious hip injuries because of wearing Skecher “Shape-Ups”. Another example of this instability was provided by Ms. Donna Valdez, when she alleged that she was sitting on her porch and when she stepped to the ground, her left shoe turned outward and rolled sideways, causing her ankle to fracture (Valdez v. Skechers, 13-CV-01799).

Ms. Valdez is not alone in her story about wearing “Shape-Ups” and sustaining injury. Countless other consumers have come forward and are sharing their stories about the injuries sustained while wearing the “Shape-Ups” shoes. However, these injured consumers often require the representation of attorneys in order to be made whole.

Every manufacturer and product developer is responsible for the safety of the good that they produce (Restatement 2nd of Torts § 398). If you, or a loved one, have been injured by a defective and unreasonably dangerous product, call the experienced personal injury attorneys with Arguello Law Firm, at 1-888 CLAIM-68, to discuss your options and preserve your rights.