Do we have a claim if a walker leg broke causing Mom to break her hip?
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Do we have a claim if a walker leg broke causing Mom to break her hip?
The metal walker leg sheared off while Mom was using it. This caused her to fall and break her hip. The people at Hugo will not answer me about warranty or product information.
Asked on November 27, 2018 under Personal Injury, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your mother can sue the manufacturer for negligence and strict liability.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective. Strict liability is liability whether or not due care was exercised. Negligence and strict liability are separate causes of action (claims) in the lawsuit.
Your mother's damages (monetary compensation she is seeking in the lawsuit) should include the medical bills, pain and suffering which is an amount in addition to the medical bills and wage loss.
Compensation for the medical bills is straight reimbursement. Pain and suffering is determined by the medical reports which document her injury. Compensation for wage loss is straight reimbursement. When your mother completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports and documentation of wage loss.
If the case isn't settled with the manufacturer's insurance carrier, the lawsuit for negligence and strict liability must be filed against the manufacturer prior to the expiration of the applicable statute of limitations or your mother will lose her rights forever in the matter.
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