Can a wheelchair accident be fatal? Many individuals in California rely on wheelchairs to go around during the day. Unfortunately, the irresponsibility of others can occasionally create an accident, which might result in new injuries or worsen existing ones.
A wheelchair accident lawsuit proceeds along the same fundamental lines as other sorts of personal injury suits. The plaintiff must demonstrate that the defendant’s carelessness caused the accident that led to the plaintiff’s injuries or possible death.
These days, serious wheelchair accidents in Los Angeles are shockingly and regrettably frequent. There are many ADA exceptions, egregious wheelchair breaches, and other things that ultimately result in significant injuries, and in some cases, fatalities, even though the ADA has tight guidelines in place to make public spaces safer and more accessible.
Wheelchair Accident in Los Angeles
Wheelchairs are designed to allow their users to move around Los Angeles’s public and private spaces securely. Unfortunately, the facility poses a risk to unsuspecting wheelchair riders from Santa Clarita to Encino to San Diego. A wheelchair personal injury lawsuit in Los Angeles may be beneficial. Here are some of the most typical reasons for accidents using wheelchairs:
- Unsecured handicapped ramps
- Unlevel surfaces
- Wheelchair accessibility is not present.
- Bad lighting
- Crowds not taking special needs into account (similar to a shopping slip and fall)
Dangerous Grounds of Wheelchair Accident
Wheelchair accident can arise as a result of flaws on the site. Some of these flaws may be the result of ADA breaches; many public venues must provide wheelchair access. Lack of ramps, uneven floors, or tiny entrances are examples of failure to do so.
The ADA may not apply in various instances. Even in the absence of an ADA violation, some omissions to make facilities adequately safe might be considered carelessness. The basic rule is that the person or entity in charge of the property must take reasonable precautions to protect visitors from foreseeable harm.
Underlying Wheelchair Defects
Sometimes the issue is with the wheelchair itself. These Los Angeles personal injury and wrongful death lawsuits examine how the design and subsequent failure of a wheelchair was the cause of the otherwise preventable accident using the legal theory of product responsibility.
What occurs if you rent a wheelchair from a business or property and suffer a catastrophic injury later on? This happens frequently at supermarkets and theme parks, and if they provide or rent out seats for use by paying customers, they have a responsibility to ensure that the chairs are safe.
Wheelchair accident can also occur as a result of a faulty chair. A product liability action may be applicable in this situation. Poor manufacture, defective design, and a lack of suitable warnings and instructions are the most common forms of product liability lawsuits. In this type of action, the plaintiff does not need to demonstrate a particular lack of carelessness; that is, he or she does not have to explain how the fault came to be, just that it existed.
Keeping Track of Injuries
One problem that injured wheelchair users may encounter in such a situation is that they already had an injury or a health condition at the time of the accident. The medical documents must detail exactly how the new injury affected the client. The plaintiff might also seek compensation for the aggravation of the prior condition if the new injury was the cause of it.