When Products Fail: One Cameron Crazy’s Legal Perspective On Zion v. Nike
Full disclosure here – I’m a Duke graduate. A Cameron Crazy, bleed blue, Duke fan. I know that is unpopular with some of you, and that’s OK. I hate the Patriots, so I get it. But love Duke or hate Duke, you have to admit that Duke freshman Zion Williamson is one of the most exciting basketball players to come along in years. If you love basketball and you haven’t watched him yet – you really should. He is a ridiculous physical presence, shockingly agile with the ball, a great passer, hard worker, and team player, and (appealing to the Mom in me) he seems like such a GREAT KID! So watching Zion’s Nike shoe explode and then Zion falling to the ground and clutching his knee in the first minute of Wednesday’s game against UNC was 1) incredibly upsetting to me as a Duke fan, and 2) incredibly notable to me as a personal injury lawyer.
Zion’s injury poses a whole host of potential legal issues (and a whole host of potential reasons why the current NCAA set up is not good for players – but we’ll save that for another day). But both Duke and Zion could have legal recourse against Nike due to Zion’s injury. The most straight forward route would be a personal injury claim filed by Zion. If Zion’s injury proves to have a lasting impact on his ability to play basketball, then he could have a multi-multi-million dollar claim against Nike. He would allege that Nike manufactured a defective basketball shoe that caused his career limiting or ending injury. As Zion is expected to be a top draft pick, if not the top draft pick, in this year’s NBA draft, resulting in a multi-million dollar contract and subsequent endorsement deals, the potential damages from such a claim would be substantial.
Nike would, of course, have defenses. It is likely Nike would argue that it was not the shoe, but rather something else (i.e. a slippery court) that caused Zion to injure himself. Similarly, Nike might argue that there must have been some sort of tampering with their shoe for it to give way in such a dramatic fashion. It will be hard for Nike to escape liability, however, given that Zion was using the Nike shoe for exactly its intended purpose and in exactly the way its use was anticipated! Because the defenses are fairly weak, and given that the shoe malfunction happened during the eagerly anticipated and heavily watched Duke v. UNC game, the likelihood that Nike would proceed with litigation adverse to Zion is small. It is more likely that Nike would want to settle the matter quickly.
Some pundits have pondered whether any settlement with Nike would constitute paying a student-athlete in violation of NCAA rules. On its face, Zion should be allowed to have his cause of action against Nike for injuries sustained as a result of wearing a defective Nike shoe and maintain his eligibility to play NCAA basketball. In such a scenario, Zion is seeking compensation for an injury, not compensation for playing basketball. However, the reasonableness of any settlement could certainly give rise to an argument that an improper payment was made. If Zion’s injury is relatively minor, and Nike enters into an exorbitant settlement with him, it is arguable that Nike is not compensating Zion for his injury, but rather trying to garner goodwill with a prospective spokesperson. Such early financial access to a top prospect would potentially be violative of NCAA rules.
Finally, Duke could have legal recourse against Nike as well. Duke reportedly has a sponsorship agreement with Nike that is not publically available. It is likely a contract, however, that requires a certain term of exclusive use of Nike products by Duke in exchange for appropriate athletic shoes and attire for its athletes. A basketball shoe that disintegrates while a player is using it to play basketball is decidedly not an appropriate basketball shoe. Consequently, Duke would have at the very least breach of contract issues to explore with Nike. Again, however, given the longstanding lucrative arrangement that Nike has enjoyed with Duke over the years, it is unlikely that Nike would allow such an argument to ever reach litigation.
I hope that Zion Williamson is OK. He is such an amazing talent and is so fun to watch, and until Wednesday night, his future was looking incredibly bright. No monetary compensation can ever make up for a catastrophic injury, so I hope to see him fully recover, keep playing for Duke, and ultimately have a successful career in the NBA. But sometimes accidents do happen that require evaluation. Defective and unsafe products show up everywhere in the consumer market, and people who suffer injuries that occur as a result of them deserve to be compensated. If you or your family member has been injured by a defective or hazardous product, contact our office today for a free initial consultation and a complete analysis of the circumstances. Our lawyers are on call 24 hours a day, 365 days a year.
Carrie Cotter
https://strellislaw.com/lawyers/carrie-cotter/
(312) 201-0000
