There are different kinds of spinal cord injuries. Moreover, each time that a spinal cord gets injured, that one injury could cause the examination of a number of different legal issues.
What are the principal characteristics of a spinal cord?
That cord is a bunch of nerves running through the backbone. It functions as a carrier of messages. That function should highlight the significance of a spinal cord injury.
Possible legal basis for a spinal cord injury lawsuit
If the victim’s cord had been injured at the time of a slip and fall incident, then the victim’s lawyer might be able to prove negligence on the part of the property owner. A property owner has a duty to keep his or her owned region safe. That duty would include the job of removing any spills from the floor.
If the victim’s cord had been injured when the plaintiff/victim had put pressure on a lose stair railing, and had fallen on the stairs, then a different property owner would become the target of a plaintiff’s lawyer. Again, the injury lawyer in Quincy could charge the defendant/property owner with negligence.
Property owners must do more than simply remove spills on the floor. Each such owner is supposed to maintain the condition of any item that has come with the purchased property. That would include any railings that had been placed on the stairway by a previous owner. A spinal cord lawsuit does not always rely on a demonstration of negligence. Sometimes it leads to introduction of a defective product liability charge.
That would be the case if a seat belt failed to perform as expected, at the time of a car accident. That could also be the case if an air bag got inflated too early or too late. The public expects each of those items to perform in a specific manner.
The public does not always expect an automatic door to open and remain open. Yet, if a posted sign were to say “stand back,” then no one would have reason to ignore that command. If, by chance, the opened door did start to close on someone, causing them to fall on their back, then that, too, might be viewed as a defect in a product.
Possible defenses for charge of aiding creation of an injured spinal cord
Comparative or contributory negligence: That charges that the plaintiff contributed in some way to a given accident’s occurrence.
Assumption of risk: That tries to take advantage of any degree of risk that has been linked to the plaintiff’s chosen activity. Still, that defense could fail to have the desired effect, if the plaintiff did not get injured while taking part in the risky activity.