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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, a defective wheelchair product liability lawyer at Hughes & Coleman Injury Lawyer is ready to fight for you.
A defective product injury lawyer provides legal representation for individuals who have suffered physical or psychological harm as a 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.
Defective wheelchair accidents are more common than many people expect, particularly when considered alongside other consumer product injuries. According to the recent data from the National Safety Council, “15.1 million people were treated in emergency departments for injuries linked to consumer products, many of which are everyday items assumed to be safe.” These incidents have been known to affect vulnerable groups, including older adults who rely heavily on mobility devices for daily independence.
Wheelchairs are not optional products; many people rely on them daily for mobility, stability, and personal safety. When a wheelchair fails, the consequences extend far beyond inconvenience. The risk can become even more serious when considering that “more than 1 in 4 adults (28.7 percent) in the United States have some type of disability”, as noted by the Centers for Disease Control and Prevention.
Because of these risks, failures involving brakes, frames, wheels, or electrical systems can lead to serious consequences. These situations may be analyzed under defective product law, which examines whether a product was unreasonably dangerous when used as intended. Early conversations with a Defective Wheelchair Product Liability Lawyer can focus on identifying whether the device failed due to design, manufacturing, or warning defects, rather than user error.
Injuries tied to defective mobility devices tend to be severe because wheelchair users have limited ability to brace themselves during a malfunction. Recent data from the National Library of Medicine indicate that “emergency department visits among older adults included 10,974 cases involving defective devices, resulting in 12,488 total injuries.”
Head and neck injuries accounted for more than 4,200 cases, including concussions and traumatic head impacts. Trunk injuries followed closely, with over 4,300 incidents involving the hips, ribs, or spine. Nearly 4,000 arm and leg injuries were also reported, often involving fractures that complicate mobility even further.
These figures underscore the importance of closely examining defective wheelchair claims. Falls caused by sudden brake failure or unstable frames can result in extended recovery times, the need for additional assistive equipment, and a loss of independence that impacts daily routines. For many people, the injury itself is only part of the damage, with long-term physical, emotional, and practical challenges following.
A wheelchair may be considered defective when it fails to perform safely during everyday use or lacks adequate warnings about known risks. Defective product claims typically focus on how the product was designed, manufactured, or marketed to consumers. When problems occur in any of these areas, the device may pose unreasonable dangers to users.
Common defects seen in wheelchair-related cases may include:
Each of these issues can form the foundation of a defective product claim. In many cases, a Defective Wheelchair Product Liability Lawyer will examine whether the wheelchair was unreasonably dangerous at the time it left the manufacturer or distributor.
Liability in defective wheelchair cases rarely stops with a single party. Under product liability law, responsibility may extend across the entire supply chain. This may include the manufacturer that designed or assembled the wheelchair, the company that supplied individual components, as well as distributors or retailers that sold the product to consumers.
Manufacturers may be held accountable if a wheelchair’s design made it unsafe for its intended use or if an issue arises during production that affects safety or performance. Component suppliers can also share responsibility when specific parts fail independently of the overall design.
Kentucky and Tennessee both allow injured individuals to pursue claims based on defective products when evidence shows that the product contributed directly to the injury. These cases often involve technical analysis, documentation review, and coordination with medical professionals, as well as careful evaluation of product history, recalls, and prior complaints.
Finding the right legal representation starts with understanding the nature of defective product claims. These cases often involve technical product details, medical records, and multiple parties within the manufacturing or distribution chain. An attorney handling this type of case should be familiar with how defective product claims are evaluated and how evidence is preserved early in the process.
It is also important to consider whether a firm can handle claims that extend beyond a single state. Defective wheelchair cases may involve manufacturers, suppliers, or records located outside the injured person’s home state. Access to resources across jurisdictions can impact the efficiency of a case’s progression.
At Hughes & Coleman Injury Lawyers, we have 40 years of experience representing individuals harmed by defective products, including mobility devices. We work with clients through no upfront fees, allowing them to pursue claims without added financial pressure, and provide multi-state capability, serving individuals throughout Kentucky and Tennessee. This approach helps keep the process clear and accessible for the people we represent, while helping them understand their options and move forward with greater confidence.
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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.
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:
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 Injury Lawyers 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:
Non-economic damages refer to those other ‘non-measurable’ losses suffered due to the accident. Some examples of these include:
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.
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.
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.
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 40 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.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 800-800-4600.
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