Every years thousands of our elderly and ailing suffer serious injuries caused in part by defective and under maintained bed rails in nursing homes, elderly care facilities, and hospitals. Such accidents can form a basis for establishing liability for injuries suffered by patients and residents against such establishments. Defectively manufactured bedrails resulting injury can for a basis for a product liability cause of action against companies, distributors, wholesalers, and retailers which sell the product.
Bedrail Injury and Entrapment Warning
According the Consumer Product Safety administration over 35,000 individuals have suffered injuries severe enough to warrant a visit to the emergency room as a result of bed rails. Additionally, more than 150 death due to bedrail have been reported. Common injuries associated with bedrails are as follows,
- Entrapment resulting in strangulation and suffocation.
- Falling down injuries resulting from patients attempt to leave bed.
- Improperly installed bedrails resulting in brain injuries, spinal compression, facial injuries including broken nose and teeth.
- Injuries resulting in the death of the victim: In such cases certain relatives of individual who have died due to the negligent actions of others or a defectively designed product have the right to seek a wrongful death cause of action. To learn more about wrongful death lawsuits see here.
Product Manufacturers as Liable Parties – How to Win Your Case
Generally there are three ways which a product liability claim can be proven in the court of law.
1. Defect in the Research and Design of the Bedrail: This can be proven by showing the court that the manufacturers failed to utilize a similar bed rail design which posed a significantly lower risk of harm to consumers that existed in the marketplace at the time of production.
2. Defect in the Manufacturing Process: So the produced product is markedly different than what was originally designed and resulted in an increased risk of harm posed to the consumer.
3. Defect in the Labeling of the Product: Failure to warn consumer of all known and or knowable dangers associated with the use of the product.
Nursing Homes, Hospitals and Elderly Care Facilities as Liable Parties
Nursing home and elderly care centers are liable for an injuries that take place due to the failure to provide adequate care based on the duty they own to their residents. Certain laws which may be used as a basis to established liability on the part of the nursing home operators include:
1. Neglect of the Elderly: The legal definition of neglect of the elderly can include failure to protect from health and safety hazards, failure to exercise that degree of care that a reasonable person in a like position would exercise.
2. Abandonment of the Elderly: “The desertion or willful forsaking or an elder by anyone having care or custody of that person.”
What Are the Types of Damages Recoverable in Such Accidents
Victims of defective or improperly installed bedrails are entitled to compensation for all harms suffered. A list of the types of damages where recovery is available in such cases include
- All medical and health related expenses
- All future medical and rehabilitation costs
- Pain and suffering expenses – mental anguish
- Any lost wages and or loss of income
Legal Assistance Available: If you or a loved one have suffered injuries due to a defective bed rail in a nursing home or a private residence and have any legal questions feel free to contact our law offices toll free at (888) 649-7166. All legal consultation with our attorneys are confidential and free of charge.