Do we have a claim if a walker leg broke causing Mom to break her hip?

UPDATED: Oct 1, 2022

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Do we have a claim if a walker leg broke causing Mom to break her hip?

The metal walker leg sheared off while Mom was using it. This caused her to fall and break her hip. The people at Hugo will not answer me about warranty or product information.

Asked on November 27, 2018 under Personal Injury, Indiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your mother can sue the manufacturer for negligence and strict liability.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective. Strict liability is liability whether or not due care was exercised. Negligence and strict liability are separate causes of action (claims) in the lawsuit.
Your mother's damages (monetary compensation she is seeking in the lawsuit) should include the medical bills, pain and suffering which is an amount in addition to the medical bills and wage loss.
Compensation for the medical bills is straight reimbursement. Pain and suffering is determined by the medical reports which document her injury. Compensation for wage loss is straight reimbursement. When your mother completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, she should obtain her medical bills, medical reports and documentation of wage loss.
If the case isn't settled with the manufacturer's insurance carrier, the lawsuit for negligence and strict liability must be filed against the manufacturer prior to the expiration of the applicable statute of limitations or your mother will lose her rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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