Wheelchairs are crucial for individuals with mobility impairments, providing them with independence and access to their daily lives. However, when defects in design or manufacturing compromise their safety, the consequences can be severe. In such cases, pursuing a wheelchair injury lawsuit may be necessary to seek justice and compensation for the injuries suffered. This article explores the types of accidents caused by defective wheelchairs, the liabilities and negligence of the manufacturers and other parties, the damages available in product liability action filed in a personal injury wheelchair lawsuit, and notable past cases.
Defective wheelchairs can lead to a range of dangerous accidents, including:
1. Tip Over
Design flaws or manufacturing defects, such as poor weight distribution or unstable frames, can cause wheelchairs to tip over. This can result in serious injuries, including fractures and head trauma.
2. Brake Failures
Faulty braking systems can lead to uncontrolled movement or sudden stops, increasing the risk of falls and collisions.
3. Battery Fires
Defective batteries or electrical components in electric wheelchairs can cause fires, resulting in burns and other injuries.
4. Frame Collapse
Structural defects in the wheelchair’s frame or backrest can lead to sudden collapses, potentially ejecting the user and causing severe injuries.
5. Caster Failures
Malfunctioning or defective casters can hinder maneuverability, leading to accidents, particularly in uneven or challenging environments.
The primary responsibility for ensuring the safety of a wheelchair lies with its manufacturer. They are liable for defects in design, manufacturing, and inadequate warnings. If a defect is identified, the manufacturer is required to issue recalls and provide remedies such as repairs or replacements.
Retailers are responsible for selling safe products. If they sell a wheelchair with a known defect or fail to provide proper warnings about potential risks, they can be held liable for injuries that occur as a result. They must also ensure that products are properly inspected before sale.
Wheelchair fitters and maintenance providers must ensure that wheelchairs are correctly fitted to users and maintained in a safe condition. Negligence in fitting or maintaining a wheelchair can lead to defects or failures, making these parties liable for any resulting accidents.
In a wheelchair injury lawsuit, plaintiffs can seek various types of damages:
Compensation for medical costs related to the injury, including hospital bills, surgeries, rehabilitation, and ongoing care. This also covers any future medical needs, home health care and home and vehicle modifications resulting from the injury.
Damages for physical pain and emotional distress caused by the injury. This compensation addresses the impact on the plaintiff’s quality of life and well-being.
Compensation for the impact of the injury on relationships and companionship, typically awarded to spouses or family members affected by the plaintiff’s condition.
Punitive damages are awarded in cases of egregious conduct to punish the defendant and deter similar behavior in the future. In the context of defective wheelchairs, punitive damages may be considered if:
The manufacturer or other parties displayed a reckless disregard for safety, such as ignoring known defects or failing to address safety issues promptly.
The defendant acted with intent to deceive or harm users, demonstrating a blatant disregard for user safety.
In San Diego Ca. a lawsuit was brought against the manufacturer for faulty installation of wheelchair components. The plaintiff, a 35-yr old man had been a paraplegic since 7 yrs old. The wheelchair dealer installed sharp threaded bolts per the manufacturer’s flawed instructions, TOWARD the users, causing a serious wound and causing serious medical complications. After almost one month of trial a $9.8 Million dollar verdict was reached. If you would like to know more about this particular case, Contact Us at 1-800-447-8400
A lawsuit was filed for my client who was severely injured when her chair moved out from under her as she was transferring from the chair to the toilet. The brake / wheel lock on her Sunrise Quickie Q2 wheelchair released when the hanger was swung open allowing the wheelchair to rotate and move causing Veronica to fall resulting in two broken femurs. These new injuries and severe complications changed her life forever. An out-of-court Confidential Settlement on the eve of trial was reached for my client. If you would like to know more about this particular case, Contact Us at 1-800-447-8400
Invacare faced a significant lawsuit due to defects in their wheelchair models, which led to numerous injuries from faulty caster forks. The lawsuit highlighted the manufacturer’s failure to address known issues promptly, resulting in settlements that required Invacare to provide repairs, replacements, and compensation for affected users.
Sunrise Medical was sued over defects in the joystick control of their power wheelchairs, which caused unintended movements and accidents. The lawsuit led to a recall and redesign of the joystick mechanism, along with compensation for users who suffered injuries due to the defect.
Permobil faced legal action over a defect in the seat positioning system of their wheelchairs, which led to sudden seat adjustments and collapses. The lawsuit resulted in a recall and redesign of the seat system, as well as compensation for users injured by the defect.
Wheelchair defects can lead to serious accidents and injuries, and pursuing a lawsuit is often necessary to seek justice and compensation. Understanding the liabilities of manufacturers, retailers, and maintenance providers is crucial for holding responsible parties accountable. The types of damages available, including medical expenses, lost wages, and pain and suffering, provide a means to address the financial and emotional impact of the injuries. Notable past cases demonstrate the importance of timely action to address defects and ensure user safety. By pursuing legal remedies, affected individuals can secure compensation and contribute to improving safety standards in wheelchair design and manufacturing.