Day on Torts
I must confess I have never spent a lot of time thinking about men’s underwear. Thus, it never crossed my mind that a products liability case could arise from men’s underwear of any type.
Women’s underwear are different. I am not saying I spend much time thinking about that subject either, but I know of at least one products case that arose because of claimed defect in a thong intended to worn by a woman.
But Albert Freed had a problem with his underwear. He thought that his Hanes underware was defectively designed or manufactured because it "gaped open and acted like a sandbelt on [his] privates." Apparently, this was not a pleasant sensation and allegedly caused an injury.