A wheelchair, representing defective wheelchair claims.

Defective Wheelchair Product Liability Lawyers in Kentucky & Tennessee

Defective Wheelchair Product Liability Lawyers in Kentucky & Tennessee

Although wheelchairs are supposed to help individuals with disabilities, some have been found to be defective and cause even more injury. If you or a loved one was injured due to a defective wheelchair, Hughes & Coleman is ready to fight for you.

Although wheelchairs are supposed to help individuals with disabilities, some have been found to be defective and cause even more injury. If you or a loved one was injured due to a defective wheelchair, Hughes & Coleman is ready to fight for you.

WHAT WE DO

What Does a Defective Wheelchair Product Liability Attorney Do?

A defective product injury lawyer provides legal representation for individuals who have suffered physical or psychological harm as the result of a manufacturer’s negligence or wrongful actions. They work to protect their clients’ rights and pursue fair compensation for their injuries and losses.

how we help

What Can Hughes & Coleman Personal Injury Lawyers Do?

What Can Hughes & Coleman Personal Injury Lawyers Do?

  • Help them understand their rights.
  • Conduct thorough investigations.
  • Negotiate with insurance companies.
  • Provide guidance and support.
  • Support medical treatment coordination so that you can recover from your injuries.
  • Work hard to ensure victims get the compensation they deserve.

Contact us today for your FREE CASE EVALUATION

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WHY TRUST US?

Defective Product Injury Lawyers
You Can Trust

  • Over $1 Billion Recovered for Our Clients

    We strive to help our clients achieve the results they deserve from their injury claims.

  • We Don’t Get Paid Until You Get Paid

    We don’t charge fees in the event that you are unable to recover compensation.

  • Helping Accident Victims for Over 35 Years

    Let us handle the legal red tape while you and your family spend time healing.

Frequently Asked Questions About Defective Wheelchairs and Product Liability Claims

The CSPC (Consumer Product Safety Commission) reported that 11.7 million people were treated for injuries resulting from consumer products in 2021. The majority of these injuries were caused by common products (TVs, cleaning products, beds, etc.) and occurred mainly in older adults and children.

Some of the most vulnerable individuals, older adults (65+), children, and individuals living with a disability, are more likely to be injured by consumer products. According to the CDC, 26% of adults in the United States have a type of disability, either cognitive or physical. Some physical disabilities can cause individuals to struggle with mobility, resulting in difficulties walking, climbing stairs, and even standing. In fact, 13.7% of US adults have a mobility disability , and according to a 2016 study , it’s estimated that around 3.6 million people over the age of 15 use wheelchairs.

Additionally, of the 3.3 of every 1000 persons in the United States who use a wheelchair, an estimated 3.3% per year have a serious wheelchair-related accident. Although some of these accidents were thought to be unrelated to the functionality of the wheelchair itself, many other incidents may have been prevented if not for product defects.

All consumer goods must be safe and properly labelled before entering the market, and all manufacturers must guarantee their products are safe to use in their intended way. Unfortunately, some defective items can still slip through and be dangerous or deadly to use. A car may contain defective parts that make it unsafe for the owner to drive. Even your prescription medicine and food could pose serious health risks that were not disclosed on the packaging. Product liability laws can help a person get financial compensation for a serious injury that occurs from a producer’s negligence.

If the wheelchair broke within the window of its warranty period, there may be a cause of action since the product didn’t live up to its manufacturer’s warranty, and therefore a part wore out sooner than stated. The implied warranty of a product is based on its intended use; it is implied that it will serve its intended purpose. The length of time that it should service for, and its implied warranty, differs from product to product and manufacturer to manufacturer. The wheelchair manufacturer will state its intended use and warranty, and if it fails to live up to those standards due to any design defects, marketing defects, or manufacturing defects, then there may be a claim that can be filed. A defective product attorney will be able to tell you whether you have a case or not.

The most common case in which wheelchairs can be ruled as defective is if the ability for the wheelchair to overturn is much easier than it should be. A wheelchair can overturn due to many reasons, including an imbalance of the weight, a part breaking, or a miscalculated center of mass, which makes the wheelchair too top heavy. A simplified analogy of a miscalculated center of mass error is understanding how much easier it is to push over a tall, top-heavy lamp than a lamp that is short and heavy, even if they weigh the exact same. The center of gravity being much higher with the tall top-heavy object makes it easier to push over. The same principal is true for consumer products. The likelihood that the object will tip over and cause severe injuries must be accounted for and therefore disclosed to the consumer by the manufacturer.

Typically, consumer products are evaluated for safety against other manufacturers of the same product. If one company had the ability to ensure their wheelchair will only fall over if pushed beyond normal limits, then all wheelchair manufacturers should be held to the same standard. Other consumer products are inherently more dangerous (for example, fireworks), and the threshold may be significantly lower for safety. 

Wheelchairs, however, are supposed to be inherently safe, as they transport those who are disabled or have mobility limitations. If the wheelchair doesn’t meet the standards for safety set out by the industry, then it is a defective wheelchair. This is established by a risk-utility test.

If a product manufacturer fails to put a safe product into the market, they can be held liable for the damage they cause, unless the design they were provided is the reason the product is defective. Experienced product liability lawyers will work to show that the manufacturer knew of the defect resulting from a manufacturing error and failed to correct the mistake. A wheelchair with a manufacturing defect could cause serious or even fatal injuries. A personal injury claim may be the only way for an injured person to recover compensation for their injuries. Medical expenses can be extremely expensive if someone has a serious injury, and future medical care expenses must be considered if long-term care is needed following the accident.

Defects can occur anywhere in the manufacturing process. It is important to have an experienced product liability lawyer to prove your defective product claim. After a wheelchair accident, do your research and find a local product liability lawyer who knows how to handle a defective product lawsuit. They will be able to find out where in the manufacturing process a defect happened and can help you get the financial compensation you deserve.

A product liability lawsuit starts with a person who has suffered injuries while using a defective product. After receiving the proper medical care to treat their immediate injuries, it is best to find an experienced product liability attorney to help them through the legal process.

A team of defective product lawyers will get to work investigating and gathering evidence to prove your claim and file it in the appropriate jurisdiction. They will request discovery and documentation from the manufacturer about the defective product. This process could also consist of requests for production documents, clarifications on certain pieces of evidence, and depositions of personnel in the company.

Another important piece of evidence needed to prove your claim is the documentation of the injuries suffered directly due to the product defect. Other than for your own well-being, this is another reason it is extremely important that victims get the proper medical care following an accident.

All the above elements will be used to file your claim and send a demand letter to the manufacturer’s insurance company is they fail to offer you fair compensation. Our team of product liability attorneys will work hard to get you the money you deserve.

Each product liability claim is different, and so is each timeline associated with the claim. Your claim will either be settled out of court or tried before a judge and jury.

If you are injured by a defective wheelchair or product, call our team of experienced personal injury attorneys at 800-800-4600. We will complete a free consultation to determine whether we can assist you or not.

If we take on your case, we will do everything in our power to secure you the financial compensation you deserve without going to trial. However, if the manufacturer or insurance company refuses to grant you a fair settlement, we are more than prepared to fight for you in court.

Product liability claims have three main elements. While each of these elements have potential exceptions, they are important to consider in proving your injury claim:

  1. Existence of a Defect – whether it be due to the design, manufacture, or marketing of the product, it is necessary that the victim can prove there was a defect with the product they used that caused them to be injured. This element also accounts for if there was a breach of warranty on the manufacturer or seller’s part.
  2. Causation and Damages – the victim must be able to prove that the injuries were caused by the defect in the product. They also must be able to prove that they suffered physical injuries or financial losses due to the defect, so that they can quantify the value of their claim.
  3. Intended Use – the victim must be able to prove they were using the product based on the intended use explained in the instructions on the product. If an injured victim was misusing a product and was injured, their claim may be dismissed.

Strict liability is a legal term used to explain the liability of a manufacturer or seller for injuries caused regardless of whether it was a negligent act. Most product liability lawsuits are not because of one person’s negligent actions and are therefore qualified as a strict liability offense. The adaptation of this term was intended to ensure that, even without negligence, manufacturers could be held liable for the damage and injuries they caused. Strict liability states that the product was inherently defective, and therefore caused injuries.

Product liability lawyers can work with you to prove all of the above elements of your claim and get you the financial compensation you deserve for your injuries. If you’ve been injured due to a defective product, call Hughes & Coleman at 800-800-4600 for a free consultation.

In personal injury claims, there are two types of damages that can be recovered: economic damages and non-economic damages.

Economic damages usually refer to measurable losses that can have a monetary value assigned to them. Examples of these types of damages include:

  • Medical bills and expenses
  • Future treatment and future medical expenses
  • Lost wages
  • Future lost wages

Non-economic damages refer to those other ‘non-measurable’ losses suffered due to the accident. Some examples of these include:

  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life
  • Punitive damages (damages assessed to punish the defendant for their negligence)

Serious injuries caused by a wheelchair accident can leave a victim feeling hopeless and scared of the financial burden that was unwillingly stowed upon them. Medical bills and other medical expenses associated with severe injuries are often very expensive, and insurance companies tend to offer a low amount to cover them. Most people cannot afford pay for these kinds of medical expenses out-of-pocket. That’s why hiring a product liability attorney is so crucial in the process of getting you the compensation you deserve.

Our team of product liability attorneys work on a contingency-fee basis, which means you will not have to pay any out-of-pocket costs for our services. We only get paid if you do, so if we don’t win or settle your case, you won’t owe us a dime.

Handling a product liability case without an attorney could be difficult or nearly impossible for the average individual. Because laws on defective products and personal injury claims vary by state, the litigation process can be confusing for those not well-versed in injury law. Additionally, manufacturers and insurance companies will often do everything they can to give you as little compensation as possible and may even deny your claim outright. Our team knows how to handle uncooperative insurance companies and fight every day to get the compensation our clients deserve.

There are many attorneys who would be willing to take on a defective wheelchair case, but not many who have the experience to deal with the complexity of it.

At Hughes & Coleman, we’ve been handling serious injury cases for over 35 years, and we have the experience to take the necessary steps and get you the compensation you deserve. If you were injured by a defective wheelchair or any other defective product, give us a call at 800-800-4600 . Upon your call, one of our team members will complete a free consultation with you to determine how or if we can assist. Serious injuries from defective products deserve serious defective product attorneys. Contact us today for your free defective wheelchair case consultation.

Locations

Our Best-in-Class Personal Injury Lawyers have Proudly Served Kentucky and Tennessee for Over 35 years.

1256 Campbell Ln #201
Bowling Green, KY 42104

2110 N Dixie Hwy #102
Elizabethtown, KY 42701

211 E New Circle Rd
Lexington, KY 40505

5004 Poplar Level Rd
Louisville, KY 40219

3618 Dixie Hwy
Louisville, KY 40216

725 Speckman Rd
Louisville, KY 40243

446 James Robertson Pkwy #100
Nashville, TN 37219

323 N Riverside Dr #100
Clarksville, TN 37040

622 W 7th St
Columbia, TN 38401

126 W Eastland Ave
Gallatin, TN 37066

1501 Memorial Blvd
Murfreesboro, TN 37129

1256 Campbell Ln #201
Bowling Green, KY 42104

2110 N Dixie Hwy #102
Elizabethtown, KY 42701

211 E New Circle Rd
Lexington, KY 40505

5004 Poplar Level Rd
Louisville, KY 40219

3618 Dixie Hwy
Louisville, KY 40216

725 Speckman Rd
Louisville, KY 40243

446 James Robertson Pkwy #100
Nashville, TN 37219

323 N Riverside Dr #100
Clarksville, TN 37040

622 W 7th St
Columbia, TN 38401

126 W Eastland Ave
Gallatin, TN 37066

1501 Memorial Blvd
Murfreesboro, TN 37129