Products Liability Law Daily Wrap Up, COMPLAINTS—SPORTS AND RECREATIONAL EQUIPMENT—D.R.I.: Olympic sprinter sues shoe manufacturer New Balance, (Oct 11, 2024)

By Brian Craig, J.D.

The sprinter claims the shoe failure caused a career-ending injury that prevented her from participating in the 2024 Olympics.

An Olympic sprinter from Canada has brought a products liability suit against shoe manufacturer New Balance Athletics, Inc. in the federal district court in Rhode Island alleging defective design and manufacture of a sprinting shoe that caused a career-ending injury. In the complaint, sprinter Khamica Bingham claims that while training for the 2024 Olympics, the sprinting shoe suddenly cracked and failed, causing her to suffer a severe injury to her Achilles tendon. The sprinter, who is joined in the lawsuit with her husband, has brought claims for strict liability, negligence, breach of warranty, loss of consortium, negligent misrepresentation, and breach of contract (Bingham v. New Balance Athletics Inc., No. 1:24-cv-00404-WES-LDA (D.R.I. Oct. 8, 2024)).

Background. Khamica Bingham is a two-time Olympian and three-time outdoor Canadian national champion in the 100 meters. Sponsored by shoe and athletic apparel manufacturer New Balance Athletics, Inc., Bingham became a professional track and field athlete in 2016. She competed in the Olympic Games in Rio in 2016 and Tokyo in 2021. The sprinter resides in Rhode Island where she is an assistant coach on the track and field team at Brown University. The sprinter claims that the shoe manufacturer, based in Boston, Massachusetts, provided her with a special sprinting shoe. As she was training in North Carolina for the 2024 Canadian trials and the 2024 Olympics in Paris, the sprinter claims that the sprinting shoe suddenly cracked and failed, causing her to suffer a severe injury to her Achilles tendon. The sprinter claims she suffered a career-ending injury as a result of the defective shoe.

Claims. The sprinter asserts claims for strict liability, negligence, breach of warranty, loss of consortium, negligent misrepresentation, and breach of contract. The complaint alleges the shoe manufacturer designed and manufactured the sprinting shoe in a defective condition, rendering it unreasonably dangerous to users. The breach of warranty claims include both breach of express warranty and breach of implied warranty based on allegations that the shoe was not of merchantable quality and was unfit for its intended use.

In support of her negligent misrepresentation claim, the sprinter asserts that as her sponsor, New Balance represented that the sprinting shoes it provided were safe and suitable for her athletic training and competition, but they instead caused her significant injuries.

In support of the breach of contract claim, the sprinter claims that by providing defective shoes that resulted in injury, the shoe manufacturer breached its contractual obligations to provide safe and suitable equipment. The sprinter and her husband seek unspecific damages from the shoe manufacturer for significant pain, suffering, loss of earnings, permanent injury, loss of enjoyment of life, and loss of consortium.

The case is No. 1:24-cv-00404-WES-LDA.

Attorneys: Anthony J. Gianfrancesco (Gianfrancesco Friedemann & Microulis) for Khamica Bingham and Damar Forbes.

Companies: New Balance Athletics Inc.

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