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Causes and Actions for Amputation Injuries
According to the National Limb Loss Information Center, there are about 1.7 million people living with amputation injuries in the Unites States in 2008.
Most of the amputation injuries were trauma related.
Trauma related amputation injuries are usually caused by different sorts of accidents like:
Car accidents
Amputations in car accidents usually result from multi-vehicle collisions.
A person trapped in the wreckage can lose a limb from being crushed by the car, being cut by sharp metals or from severe burns.
The driver who caused the accident should be held liable for the victim’s amputation injury.
Slip and fall accidents on dangerous premises
If a person sustained amputation injuries while in the premises of a property, the owner may be held liable under the premises liability statute.
Under the premises liability doctrine, an owner has a duty to keep his or her property safe not only for him and his family but the whole community.
The owner should maintain safety and address hazards by repairing the damage or by placing appropriate warning signs to inform people about the danger if it is not possible to repair the hazard immediately.
Examples of hazardous conditions that can lead to amputation injuries are:
- Sharp protruding metals
- Unsecured heavy machineries
- Unfenced walls on elevated heights
- Unsecured scaffold structures
Hazardous defective products
Amputation injuries may also be caused by defective products.
In this situation, the manufacturers can be held liable under the product liability law.
Under the product liability law, if a safety defect was found to have caused an accident that lead to injury or death of the user, the manufacturer will be held responsible for the damages incurred.
Unlike car accidents and premises liability accidents, defective product accidents can be won despite the lack of negligence in the manufacturer’s part.
The product liability law follows the strict liability statute where the victim only has to prove that the safety defect has caused the accident that in turn caused the amputation injury.
To prove strict liability, the victim must prove the following:
- The manufacturer had a duty to produce safe products.
- The product in question has a manufacturing or design defect that was dangerous.
- The defective product caused the injury.
- The defective product was used as intended and was not substantially altered from original condition.
DAMAGES
After proving that the amputation injury was caused by any of the above reasons, you may recover the losses or damages you sustained.
Once you win your personal injury claim, you can expect to collect:
- Medical expenses – You may collect for past, present and future medical costs and expenses.
- Lost income – You may also collect wages or salaries that you lost in the past and in the future because of the injury.
- Pain and suffering – You may also collect compensation for the amount of physical, mental and emotional pain that was brought to you by the injury.
You should consult a personal injury attorney first so that you can have all the legal options before making a move.
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