Tarnished Twenty- The FindLaw Sports Law Blog

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.

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