Defective Product Causes Spinal Cord Injury: Who Is Liable?

Each year, thousands of individuals sustain spinal cord injuries (SCI) due to various accidents, with a percentage stemming from defective products. According to the National Spinal Cord Injury Statistical Center, approximately 18,000 new spinal cord injuries occur annually in the United States. When a defective product causes such a devastating injury, understanding who is liable becomes crucial for seeking justice and compensation.

Understanding Product Liability

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by their products. This area of law aims to protect consumers from unsafe products and ensure that those responsible are held accountable when defects cause harm.

Types of Product Defects

Defective products typically fall into three categories:

Design Defects: These are inherent flaws in a product’s design that make it unsafe, even when manufactured correctly.
Manufacturing Defects: These are errors that occur during the production process, resulting in a dangerous product that deviates from its intended design.
Marketing Defects: These involve inadequate instructions or warnings about a product’s use, leading to consumer misuse and injury. A product with inadequate instructions or labeling is considered to have a marketing defect.

Who Can Be Held Liable?

Liability for a defective product can extend to multiple parties involved in the product’s chain of distribution:

Manufacturers: The primary entity responsible for designing and producing the product. They are typically liable if a defect originates from a flawed design or production process.
Distributors: Companies that distribute the product to retailers. They can be liable if they knowingly sell a defective product.
Retailers: Stores that sell the product to consumers. Retailers can be held accountable if they sell dangerous products, even if they do not manufacture them.
Suppliers: Providers of parts or materials used in the product. If a defect arises from substandard materials, the supplier could be liable.

Examples of Defective Products Causing Spinal Cord Injuries

Spinal cord injuries resulting from defective products can occur in various scenarios:

Defective Vehicles: Malfunctioning or poorly designed vehicle components, such as seat belts, airbags, or structural elements, can contribute to spinal cord injuries in motor vehicle accidents. Defective auto parts such as unsafe tires and brakes are responsible for numerous accidents every year; many of these accidents cause spinal cord injuries.
Defective Medical Devices: Faulty medical devices, such as spinal implants, surgical instruments, or prosthetic devices, can cause spinal cord injuries during medical procedures or subsequent use.
Defective Recreational Equipment: Faulty design or manufacturing defects in recreational equipment, such as bicycles, motorcycles, or sports gear, can lead to spinal cord injuries during use.
Defective Consumer Products: Products intended for everyday use, such as household appliances, power tools, or furniture, can cause spinal cord injuries due to defects in design, manufacturing, or inadequate warnings.
Defective Safety Equipment: A seatbelt in a car, a harness on a construction site, or a guardrail on a balcony all have one job: to prevent serious harm. When that equipment fails, the results can be catastrophic.

Legal Theories of Liability

Product liability claims can be based on several legal theories:

Negligence: This involves proving that the manufacturer or seller failed to exercise reasonable care in the design, manufacture, or sale of the product.
Strict Liability: In many states, strict liability applies, meaning that the injured party does not need to prove negligence but must demonstrate that the product was defective and caused the injury.
Breach of Warranty: This occurs when a product fails to meet specific promises or guarantees about its performance or safety.

Proving Your Case

To successfully pursue a product liability claim for a spinal cord injury, you must prove the following elements:

The product was defective: You must demonstrate that the product had a design, manufacturing, or marketing defect that made it unreasonably dangerous.
The defect caused your injury: You must establish a direct link between the defect and your spinal cord injury.
You used the product as intended: You must show that you were using the product in a foreseeable manner when the injury occurred.
You suffered damages: You must provide evidence of your losses, including medical expenses, lost wages, and pain and suffering.

The Legal Process

Pursuing a product liability claim involves several key steps:

Document the Defect and Injury: Preserve the defective product and document your injuries with photographs and medical records.
Consult with a Lawyer: Engage a legal professional specializing in product liability to evaluate your case and guide you through the legal process.
Gather Evidence: Collect evidence such as purchase receipts, product packaging, and witness testimonies to support your claim.
File a Claim: Your attorney will help file a lawsuit against the responsible parties, seeking compensation for damages.

Compensation Available

Victims of defective products are entitled to seek compensation for the harm caused by the product defect. The damages available can vary depending on the severity of the injury and the impact on the victim’s life. Some of the damages that may be awarded in a product liability case include:

Medical Expenses: This includes the cost of medical treatment required as a result of the injury caused by the defective product.
Lost Wages: If the injury prevents the victim from working, they may be entitled to compensation for lost wages and income.
Pain and Suffering: This compensates the victim for the physical and emotional distress caused by the injury.
Punitive Damages: In some cases, punitive damages may be awarded to punish the manufacturer for egregious conduct.

Spinal Cord Stimulator Lawsuits

It’s worth noting the rise in lawsuits related to defective spinal cord stimulators. Patients are filing lawsuits against spinal cord stimulator (SCS) manufacturers alleging the devices were defective and caused people to experience burns, infections, and repeat surgeries to repair or remove these devices. Companies like Boston Scientific, Medtronic, Abbott, and Nevro Corp are accused of not properly disclosing the dangerous side effects of these devices.

The Importance of Legal Representation

Product liability cases involving spinal cord injuries are complex and require a deep understanding of product liability law. An experienced attorney can help you navigate the legal process, gather evidence, and build a strong case to maximize your chances of recovering fair compensation.

If you or a loved one has suffered a spinal cord injury due to a defective product, it is essential to consult with a qualified attorney to protect your rights and pursue the compensation you deserve.