Wheelchair Brake Failures – Defects & Injuries
Wheelchairs are vital to those needing assistance with mobility. If working correctly, they can offer independence and freedom of movement. They should effectively be extensions of the body, dependable and sturdy for activities of daily living. This includes activities performed while in the wheelchair, as well as movement to and from the wheelchair (e.g., bed, couch, toilet, shower, etc).
Unfortunately, like any mechanical device, wheelchairs are not immune to manufacturing defects and malfunctions, with brake failures posing significant risks to the safety of users. When wheelchair brakes fail, the consequences can be severe, potentially leading to injuries ranging from minor bruises to broken bones, to life-threatening medical conditions and even death.
Wheelchair brakes come in many forms. They can be electronically controlled, or manually operated. Manual brakes are activated by the user through a lever or mechanism, while power-assisted brakes rely on electric or pneumatic systems for activation. Manually operated brakes (or wheel locks), are also available in numerous designs. These include push-to-lock, pull-to-lock, under mount, and more. Although wheelchair brakes are essential components designed to secure the wheelchair in place, poor design or improper maintenance can cause unintended movement when it is critical that the wheelchair be stationary. This can occur during transfers or other activities giving rise to serious safety risks.
Causes of Wheelchair Brake Failures
Although brake components should be designed and adjusted to safely secure a wheelchair for the user, manufacturers, dealers and service companies often fail to ensure this component works properly for the user. Wheelchair brake failure can be caused by:
1. Manufacturing/Design Defects
In some cases, wheelchair brake failures can be attributed to manufacturing defects, design defects or quality control issues. Defective components or assembly errors can compromise the integrity and reliability of brake systems, posing significant safety hazards to users.
2. Design Flaws
In some cases, wheelchair brake failures occur due to inherent design flaws in the braking system. This could involve inadequate braking power, insufficient durability, or poor ergonomics. Design flaws may make it difficult for users to engage or disengage the brakes effectively, increasing the risk of accidents and injuries.
3. Wear and Tear
Over time, regular usage can lead to wear and tear of brake components or tire tread, compromising brake effectiveness. If wear and tear is not adequately monitored by service personnel, wheelchair brakes can fail to secure a wheelchair in place when it is most needed.
4. Improper Installation, Fitting or Maintenance
If wheelchair brakes are not adjusted properly by the manufacturer or a service provider, the brakes can fail to secure a wheel, or be released by other components of the wheelchair, resulting in a risk of catastrophic injury. Improper installation or adjustment may occur during initial setup or when replacing, repairing brake components or other parts.
Injuries Caused by Wheelchair Brake Failures
When a wheelchair brake fails, the potential for injury or harm to the user can be substantial. Most often, if a wheelchair brake fails, it causes sudden and unexpected movement of the wheelchair during transfer or other activities. The user can then lose balance and fall. This can occur when the user is attempting to reach for an item, when a user is transferring to or from the wheelchair, or even when other components of the wheelchair unknowingly interfere with the operation of the brakes (i.e., cause sudden activation of the brakes when the wheelchair is moving, or sudden release of the brakes without notice to the occupant).
If such brake failure occurs, the user may sustain injuries ranging from bruises, abrasions and fractures to head injuries or spinal trauma. Treatment and recovery from falls due to wheelchair brake failure can be painful, lengthy and expensive. Further these injuries often more complicated due to any pre-existing injuries and limitations, making recovery and rehab many times more difficult for the injured.
Liability for Wheelchair Brake Failures
1. Wheelchair Manufacturers
Manufacturers of wheelchairs and wheelchair components have a legal obligation to ensure the safety and quality of the chairs they manufacture and sell to the customer. If a wheelchair brake failure is caused by a manufacturing defect or design flaw, the manufacturer may be held liable in the court of law for the resulting injuries and damages. This includes both the manufacturer of the wheelchair itself and any third-party suppliers of brake component parts. Further, if the wheelchair manufacturer becomes aware of a defect and fails to notify the customers or fails to recall the product, they may be later found negligent and possibly grossly negligent if that defect causes injury or harm.
2. Wheelchair Distributors and Retailers
Distributors and retailers who sell wheelchairs are responsible for ensuring that the products they distribute are safe for consumer use. If a wheelchair with defective brakes is sold to a consumer, the distributor or retailer may share liability for any resulting injuries. They may be found negligent in failing to fix the known defects or failing to adequately inspect or repair the chair for potential problems.
3. Maintenance and Repair Providers
Entities responsible for maintaining or repairing wheelchairs, such as healthcare facilities or repair shops, may also be liable for brake failures if they fail to perform services correctly. This includes improper installation of brakes, neglecting to replace worn-out components, or using substandard replacement parts. Maintenance providers have a duty of care to ensure that wheelchairs are safe and functional and properly fitted for the intended user.
Wheelchair Brake Failure Injury Lawsuit
If you or someone you know has suffered an injury from defectively designed, manufactured, or maintained wheelchair brakes, it is critical that experienced and knowledgeable legal representation is contacted immediately. Our lawyers routinely handle wheelchair injury cases involving defective wheelchair brakes and are available to advise you on what steps to take in the event you have been injured by a defective wheelchair. We are dedicated to fighting for the rights of wheelchair users and helping them secure the compensation they deserve.
Contact us today for a free consultation to discuss your injury case. All wheelchair injury cases are handled on a contingency fee basis. No Attorney’s Fees or Expenses Charged Unless You Win.