Frequently asked questions
What defects have led to WHILL wheelchair lawsuits?
WHILL power wheelchairs have faced claims involving sudden tipping on inclines, battery and motor failures, malfunctioning joystick controls, and inadequate stability warnings. These defects can cause users to be thrown from the chair or left stranded in dangerous situations. A product liability attorney can assess whether a specific defect caused your injury.
Who can I sue after a WHILL wheelchair injury in New York?
In New York, you may have claims against WHILL Inc. (the manufacturer), distributors, retailers, and in some cases medical equipment suppliers who recommended or provided the chair. Under NY product liability law, any party in the chain of distribution can be held responsible for a defective product that caused injury.
What do I need to prove in a WHILL wheelchair lawsuit in NY?
To succeed in a NY product liability claim involving a WHILL wheelchair, you generally must show the device had a manufacturing defect, design defect, or inadequate warning; that the defect existed when it left the manufacturer’s control; and that the defect directly caused your injuries. Preserving the wheelchair and any medical records from the incident is critical evidence.
How long do I have to file a WHILL wheelchair lawsuit in New York?
New York’s statute of limitations for personal injury product liability claims is three years from the date of injury under CPLR §214. Missing this deadline almost always bars your claim entirely. If the injured person is a minor, different tolling rules may apply, so consulting an attorney promptly is essential.