is the manufacturer of a titanium rod liable if it breaks in 15 months?
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is the manufacturer of a titanium rod liable if it breaks in 15 months?
I broke my femur. A rod was implanted. It broke 15 months
later. I didn’t fall and I wasn’t really walking without
assistance yet.
Asked on October 30, 2016 under Malpractice Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The manufacturer of the titanium rod is liable for negligence and strict liahility.
Negligence is the failure to exercise due care to produce a product that is not defective.
Strict liability imposes liability whether or not due care was exercised.
Prior to filing a lawsuit against the manufacturer, it may be possible to settle the case with the manufacturer's insurance carrier.
Obtain your medical bills, medical reports and documentation of wage loss. Your claim filed with the manufacturer's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document your medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the manufacturer's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence and strict liability against the manufacturer. Negligence and strict liability are separate causes of action (claims) in your lawsuit.
If the case is NOT settled, your lawsuit against the manufacturer must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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