Eagles LT Jason Peters to Sue Roll-A-Bout Over Ruptured Achilles
The Philadelphia Eagles' Jason Peters plans to sue the makers of a device called the Roll-A-Bout, after a serious injury that will sideline the tackle "indefinitely" and may threaten his career, the Philadelphia Inquirer reports.
Peters, 30, ruptured his Achilles tendon for a second time this offseason, after the Roll-A-Bout he was using allegedly broke, a source told Comcast SportsNet Philadelphia. Peters fell on his face and required surgery for his re-ruptured Achilles.
If Peters can prove the Roll-A-Bout malfunctioned and caused his injury, it could result in a substantial judgment against the maker of the device, which is used by many recovering athletes.
Eagles left tackle Jason Peters was using a Roll-A-Bout to aid his recovery after he ruptured his Achilles tendon in March. The device is touted as "a modern solution to the 'age-old' crutch."
The Roll-A-Bout allows a recovering patient to prop a knee onto a cushioned scooter- or stroller-like device; the patient can take a step with his uninjured leg and "scoot along" with the injured one, as seen in this video by a California podiatrist:
It's not clear how Jason Peters' Roll-A-Bout malfunctioned. But in a product liability lawsuit, there are generally three types of defects that can be alleged:
- A design defect asserts that a flaw in the product's design made it unreasonably dangerous;
- A manufacturing defect asserts the product failed to conform to the manufacturer's own specifications; and
- A marketing defect asserts improper warnings or instructions.
In Roll-A-Bout's defense, the company may try to claim user error or an unauthorized alteration caused the alleged malfunction.
If Jason Peters wins his suit, which has not yet been filed, Roll-A-Bout will likely have to pay for his medical expenses, along with lost wages. Peters' six-year, $60 million contract with the Eagles runs through 2014.
Related Resources:
- Eagles LT Jason Peters ruptures his Achilles again (NFL.com)
- Product Liability: Manufacturing Defects vs. Design Defects (FindLaw)
- Time Limits for Filing Product Liability Cases: State-by-State (FindLaw)
- Cybex Lawsuit Award Cut, Appeal Likely (FindLaw's Injured)