Home > Accident Types > Product Liability > Orthopaedic Aids
If you or a member of your family is suffering from a personal injury caused by a defective orthopaedic aid, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing an online compensation claim enquiry form.
Orthopaedic Aids
Injuries Caused by Faulty Orthopaedic Aids
Right to Compensation
Making a Faulty Product Compensation Claim
Compensation
Our Personal Injury Lawyers
An orthopaedic aid is a device used by someone with a disability to assist them with certain activities. For example a wheelchair, walking frame or stair lift may be used to aid mobility, a bath chair or shower stool to assist with bathing or a scooter to enable the user to go shopping.
It is essential to users that their orthopaedic aids can be relied upon, as they are important to their safety and quality of life.
Occasionally, faults are found in orthopaedic aids, either due to their design or manufacture. A dangerous fault in any product can cause an accident to occur, which can result in the user suffering a personal injury.
If a person is injured as a result of the negligence of someone else, they should be entitled to claim compensation.
Various laws govern companies that manufacture or sell goods to consumers. These are in place to protect consumers.
The Sale of Goods Act states that all goods should be suitable for their purpose and of satisfactory quality. The Consumer Protection Act 1987 provides liability where a defective product wholly or partly causes harm.
If your injury was caused by a defective orthopaedic aid, it is advisable to seek legal advice from a specialist solicitor. They can collate all the necessary evidence and provide guidance on the best way to proceed.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. In every case, medical evidence will also be required.
It is therefore important to seek the prompt advice of an expert personal injury solicitor if you believe that you may be entitled to make a claim.
If you have been injured in an accident, try to record as much information as possible and keep details of any medical treatment. It is also useful to retain receipts for any injury related expenses. Specifically in cases involving a faulty product, you should try to retain the product and its receipt as evidence where possible.
There are two elements to a compensation award. The first is called general damages and is financial compensation for the pain and suffering you may have gone through and what is known as loss of amenity. This can include an award for your inability to do things that you used to be able to do before (eg play sports, walk the dog, carry out housework etc). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. This may include any loss of earnings, medical or travel expenses related to your injury or care costs. It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the incident had never occurred.
The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of accidents caused by faulty products. They can provide specialist accident claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.