Skechers Hit with Another Lawsuit Over Allegedly Defective, Dangerous Light-Up Sneakers [UPDATE]
by Nadia Abbas
Last Updated on September 29, 2021
Guajardo v. Skechers USA, Inc.
Filed: May 16, 2019 ◆§ 4:19cv4104
A lawsuit filed in Illinois accuses Skechers of selling defective light-up sneakers that have burned children after the batteries short circuited.
Illinois
Case Updates
September 29, 2021 – Skechers ‘Energy Lights’ Class Action Dismissed
The proposed class action detailed on this page has been dismissed with prejudice by Chief United States District Judge Sara Darrow, who found that the plaintiff failed to pinpoint any direct statements from Skechers that left out important information about the alleged sneaker defect.
“Guajardo merely pushes back against the Court’s conclusion that ‘a plaintiff must allege an omission from a communication, not a general failure to disclose’ … by continuing to rely upon her rehashed allegations,” the 17-page order submitted on September 21 relays.
In addition, the plaintiff’s claim for relief fell well short of the heightened standard that must be met when alleging a company engaged in fraud or committed a mistake. Put simply, a plaintiff must identify the who, what, when, where and how of the alleged fraud, and the plaintiff’s claims under the Illinois Consumer Fraud and Deceptive Business Practices Act and Uniform Deceptive Trade Practices Act didn’t even come close to hitting the mark, the judge found.
Judge Darrow added that the plaintiff moreover failed to prove she is likely to be damaged in the future by Skecher’s alleged conduct as it relates to the Energy Lights sneakers, a key component for deceptive trade practices claims.
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A proposed class action filed in Illinois federal court accuses Skechers USA, Inc. of selling defective light-up sneakers that have burned children after the batteries short circuited.
Echoing the claims of a previous lawsuit out of New York last year, the case alleges Skechers distributed footwear “with a number of substandard design and manufacturing defects that have caused a serious safety hazard.” According to the suit, affected sneakers include, but are not limited to, Skechers’ Energy Lights shoes, S Light shoes, Twinkle Toes and Shopkins shoes.
The complaint alleges that the light-up sneakers’ electrical systems are not adequately protected against sharp objects and moisture intrusion. Should sweat or water come into contact with the shoes’ batteries, they “could generate heat, fire, or [the] release of electrolyte vapors,” according to the suit.
Behind the case is a woman who bought her six-year-old son a pair of Energy Lights shoes from an Illinois retailer. The suit says the plaintiff’s son complained that his feet were burning and that the sneakers became so hot that they caused a blister on the back of his foot. From the complaint:
“Following Plaintiff’s purchase, the Lighted Shoes failed as a result of the Defect, causing persistent personal injuries, including swelling, burning, blistering and pain. Following these injuries, Plaintiff contacted Skechers to no avail, as she was merely instructed to return the defective Lighted Shoes to the retailer where the shoes were purchased.”
The complaint says that the retailer won’t take back the shoes since they were worn, leaving the plaintiff with no solution.
Despite being notified about chemical burns supposedly caused by the shoes, the case continues, Skechers has failed to pull the footwear from the market or provide any effective remedy. Further, the suit charges that Skechers is a “sophisticated company” that knew or should have known of the alleged defect yet continued to misrepresent that the shoes were safe to wear.
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