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Is Damage to a Prosthetic Limb Considered Property Damage or Personal Injury in Florida?

prostheticIf you or someone close to you suffered prosthetic damage in an accident that was not your fault, it is important to seek the help and guidance of a skilled Miami injury attorney. We will scrutinize the facts of your case and make every effort to get you the compensation you deserve.

Earlier this year, the question of prosthetics and personal injury law was explored at Oxford University’s Human Enhancement and the Law: Regulating for the Future conference, which dealt with legal issues that may come up as a result of developments in human enhancement technologies.

For those who rely on prosthetic limbs, it can feel like the limb is actually part of your natural body. No matter how dependent you may be on the prosthetic, however, the law makes a distinction between an individual who is using a prosthetic and the device itself. Put another way, the prosthetic limb is considered property.

Consider the following example. You are in a car accident, and your prosthetic leg is crushed. That leg would be considered your property, rather than a part of your actual person. As a result, the prosthetic damage is essentially treated the same way that damage to your car or any other ‘property’ damage would be treated.

Some experts believe that the distinction between the person and the prosthetic will become blurred as time goes on, and the technology becomes a more integral part of the human body. For example, it may be harder to argue the prosthetic is simply ‘property’ if is triggered by signals from the muscles. Furthermore, future prosthetics may include models that are fused to the bone marrow, becoming a permanent part of the patient’s body.

In Florida, in order to recover compensation through a personal injury lawsuit, you must establish that the at-fault party was negligent. Negligence is a failure to use reasonable care. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. Since the specific situation will be examined to determine ‘reasonableness,’ the extent of the duty can vary. Negligence can also take place when a person fails to act when he or she had a duty to do so.

It is important to note that personal injury cases in Florida must be filed within a certain time frame, known as the statute of limitations. Typically, a victim has four years from the date of the accident to file his or her claim. A failure to file within this time frame could mean losing your legal right to compensation altogether.

If you have suffered any type of prosthetic damage, it is important to consult a skilled Miami amputation attorney who can help you seek rightful compensation. At the Law Offices of Robert Dixon, we are committed to advocating for your rights at every step of the way. We have helped many South Florida clients, and we can help you as well. To learn more about your rights and options, feel free to call us at 1-877-499-HURT (4878) or reach out to us online today.

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