Wheelchairs can be subject to various accident and injury risks. Depending on the type of wheelchair model, different accidents can occur. Some of these include:
- Accidents caused by mechanical failures
- Battery explosion accidents (these can lead to fires)
- Accidents caused by failures of braking mechanisms
- Incidents involving structural issues with the chair
- Accidents involving collisions with cars, pedestrians, stationary objects, or other objects
- Various other type of accidents
Wheelchair injuries can be serious, especially those that are caused by collisions. In some cases, serious injury can result from these types of accidents.
Who can be Held Liable for Injuries Caused by a Wheelchair Accident?
Depending on the circumstances, different parties can be held liable for a wheelchair accident. In many instances, the manufacturer of a wheelchair model or product can be held liable for accidents or injuries that are caused by a product defect. An example of this is where there is a defect with the wheelchair’s brake design, which makes it more susceptible to a brake failure. If the defect causes an accident, the manufacturer might be held liable under a product liability legal theory.
In other cases, a person who is assisting another person with the operation of a wheelchair may be held liable if their negligence causes an accident. An example of this is where a nurse or caretaker negligently handles a person in a wheelchair, causing an accident or a fall. In this case, the person might be held liable under negligence laws. Landowners or business owners can also be held liable for injuries caused by a lack of proper wheelchair access on the facilities.
Lastly, automobile drivers can often be held liable for accidents that are caused by negligent or reckless driving in which they collide with a person using a wheelchair.
What are the Legal Remedies for a Wheelchair Accident Claim?
Wheelchair accident claims may require a lawsuit. In these types of cases, the legal remedy may involve a monetary damages award to compensate the injured party. The damages may cover hospital bills, medical treatment costs, lost wages, pain and suffering costs, and other expenses.
In some cases, defective wheelchairs may become subject to a recall, and class action lawsuits can result for cases where a product causes injuries to many people.
Do I Need a Lawyer for Help with a Wheelchair Injury Claim?
Wheelchair accident lawsuits can be serious. It may be in your best interests to hire a consumer lawyer in your area if you need help with a claim. Your attorney can provide you with legal advice and can represent you during the process.