If you have suffered a spinal cord injury due to a defective product, you probably have questions about your legal rights. You might wonder whether the law will hold someone responsible for paying your medical bills and compensating you for the time you missed from work and the impact the spinal cord injury has had on your livelihood, family, and enjoyment of life.
Elements of a Defective Product Case
People get hurt by products all the time, but manufacturers do not have to pay for the injuries unless the manufacturer is legally liable. We will have to prove all four of these factors to hold the maker of the item responsible for your losses:
- The product is in the marketplace because of the defendant. The defendant must be the firm that designed, made, or distributed the item that hurt you.
- Your injury was the result of a defect in the product. If the product had functioned correctly, you would not have suffered harm. For example, a balcony is not supposed to collapse. Let’s say that you were standing on the balcony of your apartment and the structure suddenly gave way, sending you falling to the ground, where you sustained a spinal cord injury. In the absence of any other cause, the defect in the product caused your injury.
- You used the product as intended. A product has to be safe when used as directed. For example, you are supposed to use a stepladder on a flat surface. If you get hurt when using a stepladder that falls over when used correctly on a flat surface, the maker can be liable. You used the product as directed. On the other hand, you cannot sue of the stepladder falls over when used on top of a steeply-angled roof because makers do not intend standard stepladders for that use.
- The product is not modified. If you or anyone else changed the product, the maker will not be liable. The product must be in its original condition to hold the manufacturer responsible.
If your fact pattern meets these four requirements, then the maker of the product can be liable for your losses.
Spinal Cord Injuries From Defective Products
A spinal cord injury can impact your life in many different ways. How your spinal cord injury will affect your life will depend on the facts of your situation.
Some people experience paralysis, which means no motor function and no sensation, in both feet, legs, pelvic organs, hands, and arms. This condition is quadriplegia, also called tetraplegia.
If you still have some motor function or sensation in your hands and arms, but you have paralysis of your legs, pelvic organs, and trunk, you have paraplegia. Some people with paraplegia have complete paralysis, while others have incomplete paralysis.
In addition to losing the ability to move, people with different types of spinal cord damage can also experience difficulty breathing, change in sexual function, changes in or the loss of sensations like heat or touch, and the loss of other bodily functions.
Getting Legal Help for Your Damages Claim for a Spinal Cord Injury From a Defective Product
Spinal cord injury due to a defective product can result in damages to cover things like your medical bills, lost wages, disability, pain and suffering, and the loss of enjoyment of life. You might need long-term care to assist with your medical treatments and personal tasks.
The Montero Law Center helps people who get hurt because of the carelessness of others—whether from defective products, medical malpractice, or accidents. Call us today at 954-767-6500 for a free consultation.