Personal Injury Suit for Amputation Injury

Amputation is referred to the loss or severance of a body part - finger, toe, arm, or leg. It comes in two forms: lower limb and upper limb amputations. A lower limb amputation results in the severance of all or a portion of the leg or foot. In some cases, an injury in the leg results in the amputation of the hip. An upper limb amputation, on the other hand, involves the separation of the elbow or arm.

In a study, the National Limb Information Center has reported that about 1.7 million Americans are living with a loss limb. According to the report, majority of the amputations are trauma-related. Trauma-related amputations are those caused by accidents due to vehicular collisions, defective products, workplace accidents and dangerous property conditions.

In most cases, amputation injury is due to negligence. Hence, liability attaches to whoever is responsible.

Work-Related Amputation Injuries

Unsafe working conditions or improper machine operations can often lead to amputation injuries. In construction or industrial sites, dismemberment of fingers and limbs can be caused by various machines such as drill presses, food slicers, meat grinders, conveyor belts, metal-forming machines, printing presses and other dangerous equipment.

Workers Compensation Claims

When amputation happens in the work premises, the worker may receive compensation benefits for the injury. Worker’s compensation is mandated by law to be given to injured workers regardless of whoever is at fault. When a worker pursues compensation claim, a case against the employer could no longer be filed. However, in some states, an amputated employee may still recover damages from his employer for intentional acts.

Amputation Injuries Due to Dangerous Property Conditions

Amputation injuries may also occur due to the dangerous conditions of the property such as improper maintenance, hazardous construction site or defective building design. Consequently, liability is determined upon application of the premise liability doctrine.

If a premise liability is pursued, the accountability of the land possessor may differ depending on whether the victim is a trespasser, licensee or invitee.

Amputation Injuries Caused by a Defective Product

A product liability suit may be filed against the manufacturer or distributor of the product. The victim may recover compensation for the injury upon proof of the following:

1. The product manufacturer or seller must have the strict liability to make the product safe
2. The defective product must be "unreasonably dangerous"
3. The defective product must cause the injury
4. The defective product must not be substantially altered from its original condition

Whether the amputation is caused by work-related condition, defective products or vehicular accidents, the victim is entitled to compensation claims. A personal injury case may be pursued against the negligent party with the assistance of an experienced amputation lawyer.