Amputee Defective Product Recovery
Amputations may result from defective products. If the amputation happens because of a personal injury, it is called a trauma-related amputation.
Albuquerque, NM (Law Firm Newswire) June 2, 2010 - Shockingly, nearly 1.7 million people a year are living with the loss of a limb; probably far more than we would ever have thought about. “Generally speaking, when it comes to trauma related
amputations, it’s an upper limb lost. An amputation may be the result of injuries at work, car crashes, due to dangerous conditions on a property, or as the result of someone else’s negligence. When negligence is involved, the victim is entitled to compensation,” noted Scott Atkinson, a New Mexico personal injury lawyer.
Typically, there are two types of amputations: upper and lower limb. Most lower limb amputations are either above or below the knee and rarely, at the hip. The same holds true for upper limb amputations, which are typically above or below the elbow. Often amputees may opt for a prosthetic device to replace the lost limb.
“If you were hurt because of a dangerous condition on a property, legal responsibility goes to something called premises liability, which means the land owner must safely maintain the property for people who come on to the land. If an amputation occurred on someone’s land, the victim’s status sets up the duty of the land owner,” Atkinson remarked. For instance, status refers to whether the person was a trespasser.
If an amputation injury occurs on someone’s poorly maintained property, the amputee's status while on the land is important. There are three types of entrants to a property: trespassers, licensees and invitees. To distinguish which class an amputation victim belongs to when hurt on another’s property, don’t guess, talk to a competent attorney with the skill to explain what this area of the law means.
If a defective product plays a role in an amputation accident, the victim may wish to file a products liability lawsuit. This type of suit would allow the victim to recoup compensation from the seller and/or maker of the product. “Generally speaking, most product liability claims are based on strict liability. Again, this is something a very trained lawyer will be able to explain to you in plain English,” added Atkinson.
For those victims who have suffered an amputation as the result of an accident, if there is negligence involved, and most often there is when it comes to car crashes, the amputee may file a claim for compensation. The general rule of thumb is that ordinary people (and others) have a duty to act as prudent and reasonable people. If they don’t, and instead act in a negligent manner, the victim may file a lawsuit.
What kinds of damages are available for an amputee? “An amputee may apply for compensation for past, current and future medical bills and treatments; past, current and future loss of wages, and pain and suffering.
To learn more about Scott Atkinson visit http://www.attorneynewmexico.com.
Atkinson Law Firm, LTD
9400 Holly Ave. NE, Bldg. 4
Albuquerque, New Mexico 87122
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