27 Dec Determining Liability in Spinal Cord Injury Cases: Who’s Responsible?
Ohio is home to over 11 million people. It is generally a great state. However, you will have a hard time if you are unfortunate enough to sustain a spinal cord injury. Spinal cord injuries can have a devastating impact on lives. A spinal cord injury occurs when the delicate nerves within the spinal cord are damaged, potentially leading to loss of movement, sensation, and even paralysis.
Determining liability in these cases is crucial for victims and their families to secure medical care, support, and compensation. If you or a loved one has suffered a spinal cord injury due to the negligence of another, seeking guidance from a spinal cord injury law firm in Ohio is essential.
Negligence as the Foundation of Liability
Negligence is a legal concept that forms the basis of many spinal cord injury lawsuits. It involves four key elements:
- Duty of Care: The defendant was legally responsible for acting with reasonable care towards the plaintiff.
- Breach of Duty: The defendant failed to meet this standard of care.
- Causation: The defendant’s negligence directly caused the plaintiff’s spinal cord injury.
- Damages: The plaintiff suffered actual harm, such as medical expenses, lost wages, and pain and suffering.
Negligence can apply in various scenarios leading to spinal cord injuries, including car accidents, slip and falls, workplace accidents, and medical malpractice.
Liability of Negligent Drivers
Car accidents are a leading cause of spinal cord injuries. Negligent drivers can be held liable for their actions, such as driving under the influence of alcohol or drugs, driving while distracted (texting, using a phone), speeding, or reckless driving.
It’s important to note that comparative negligence may apply in some cases. This means that if the victim’s own actions also contributed to the accident, their potential compensation may be reduced.
Liability of Property Owners
Property owners have a legal duty to maintain their property in a reasonably safe condition for visitors. This is known as premises liability. If a property owner fails to address hazards like slippery floors, inadequate lighting, or dangerous stairways, and someone suffers a spinal cord injury, they may be liable. For example, a slip and fall on an icy sidewalk or an assault in a poorly lit parking lot could lead to a spinal cord injury and potential legal action against the property owner.
Liability of Employers
Employers have a responsibility to provide a safe working environment for their employees. This includes ensuring that proper safety equipment is available and that workplace hazards are identified and addressed.
Suppose an employee sustains a spinal cord injury due to unsafe working conditions, such as exposure to hazardous chemicals, inadequate safety training, or defective equipment. In that case, the employer may be held liable.
Liability of Product Manufacturers
Product liability laws hold manufacturers responsible for injuries caused by defective products. A product can be considered defective if it has a design flaw, a manufacturing defect, or inadequate warnings.
Examples of products that could potentially cause spinal cord injuries include defective medical devices (such as faulty pacemakers or spinal implants), faulty equipment used in construction or industrial settings, and even certain types of children’s toys.
Proving Liability and Seeking Compensation
Gathering strong evidence is crucial in a spinal cord injury case. This may include medical records, witness testimonies, accident reports, and expert witness testimony. If liability is proven, the injured individual may be entitled to various forms of compensation, including medical expenses, lost wages, rehabilitation costs, pain and suffering, and loss of future earning capacity.
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Last Updated on December 27, 2024 by Marie Benz MD FAAD