According to the current tort laws within the United States, as noted by blogger Gordon Sibler in his post Legal rights of Cyborgs :
From time immemorial, our common law has provided one set of remedies for damage to one’s property and another set for damage to one’s person. While the latter allows the full gamut of recovery including pain and suffering, lost earnings, medical expenses, lost enjoyment of life and loss of consortium, the former merely allows recovery of the property’s repair or replacement value. One cannot even recover for the sentimental value of property[i]. Yet today, many of us depend on our devices to perform the normal tasks of living, such as walking, talking, hearing and seeing. Damage to these prosthetics can leave a person without the ability to work or perform activities of daily living until repaired. As demonstrated in this article, there is arguably a new suspect class in need of protection – cyborgs.
Further exploration of this issue brought me to one of my favorite podcasts. It is a 31 minute discussion between the hosts of Amp'd, Peggy Chenoweth and Dave McGill That really hits the points on this problem. It is a great episode, and I think you should listen.