The National Limb Loss Information Center reported in 2008 that 1.7 million people were living with the loss of a limb. According to the report, the majority of trauma-related amputations resulted in the loss of an upper limb. A trauma-related amputation is an injury that occurs in an accident. Common accidents include the following: accidents caused by a dangerous condition on a property, defective products, automobile collisions, and workplace accidents. Sometimes an amputation injury is the result of someone else's actions, in which case, the injured person may recover compensation.

Types of Amputation Injuries

There are two types of amputations-lower limb and upper limb. A lower limb amputation involves the removal of some portion of the leg or foot. The amputation of a portion of the leg will result in the removal of the leg above or below the knee. Sometimes it is necessary to perform an amputation at the hip. An upper limb amputation involves the removal of the arm above or below the elbow. Today's advancements in medical technology permit some lower and upper limb amputees to replace the amputated limb with a prosthetic device.

Amputation Injuries Caused by a Dangerous Condition on a Property

Some amputation injuries occur because of a dangerous condition on a property. In this case, the determination of liability is based on the doctrine of "premises liability." Dangerous conditions often include improper maintenance, a hazard on a construction site, or the inadequate design of a building. Premises liability refers to the duty that a land possessor owes to people that come onto the property. The land possessor is the person that has control over the property. The law requires that the land possessor maintain the property in a way that does not endanger entrants.

If an amputation injury occurs because of a dangerous condition on a property, the amputee's status as an entrant will establish the duty of the land possessor. There are three types of entrants:

1) Trespassers: In general, a land possessor owes no duty to an undiscovered trespasser. However, a land possessor may owe a duty to warn or make a condition safe when the person is a discovered trespasser.
2) Licensees: A licensee is a person that enters the land for his or her own purposes. The land possessor owes a duty to warn of known dangerous conditions that the licensee is unlikely to discover.
3) Invitees: An invitee is a person who enters the property at the request of the land possessor for business purposes. An invitee is also any person that enters property that is open to the public. The land possessor has a duty to warn of known dangerous conditions and must make inspections to discover dangerous conditions.

Amputation Injuries Caused by a Defective Product

If an amputation accident occurs because of a defective product, a person may bring a products liability lawsuit. Products liability allows a person injured by a defective product to recover compensation from a manufacturer or a commercial seller. Products are defective when a manufacturing defect or a design defect creates an "unreasonably dangerous" product. When the product causes an injury, such as the amputation of a limb, the injured person may be entitled to recover compensation for the injury.

Many products liability claims are based on the doctrine of strict liability. Proving the liability of a manufacturer or a commercial seller under strict liability requires proof of the following:

1) The manufacturer or commercial seller had a strict duty to make the product safe;
2) The defective product that caused the amputation injury had a manufacturing or design defect that was "unreasonably dangerous;"
3) The defective product caused the injury;
4) The defective product was not substantially altered from its original condition.

Amputation Injuries Caused by Negligence

Many amputation injuries result from automobile accidents. When an amputation injury occurs because of carelessness, a person may file a lawsuit for negligence. Negligence is the legal duty of care imposed on all people to act as an ordinary, prudent, and reasonable person would in the same or similar circumstances. To establish a negligence claim for an amputation injury, a plaintiff must prove the following elements:

(1) The defendant owed a duty to the plaintiff;
(2) The duty was breached;
(3) The breach was the actual and proximate cause of the plaintiff's amputation injury; and
(4) The plaintiff experienced some type of damage, such as a personal injury or property damage.

Work-related Amputation Injuries

When an amputation injury occurs in a work-related accident, the amputee may receive workers' compensation benefits for the injury. Workers' compensation is a statutory remedy intended to provide injured workers with medical benefits and compensation for injuries that occur at work. An injured worker can receive workers' compensation regardless of whether the employee or the employer was at fault for the accident.

Consequently, a worker may not file a lawsuit against an employer to recover damages. However, some states allow an injured employee to sue an employer for intentional acts. An amputee may receive the following types of workers' compensation benefits: medical care, temporary disability, permanent disability, and vocational rehabilitation. If an amputee dies, surviving family members may receive death benefits.

What Types of Damages Can an Amputee Recover?

A person suffering from an amputation injury may recover the following types of damages:

• Past, present, and prospective medical treatment: The calculation includes the cost of past, present, and future medical care.
• Past, present, and prospective loss of earnings: The compensatory damage award will include lost wages and the loss of future earning capacity.
• Pain and suffering: This includes damages for the emotional distress caused by the amputation injury.