When a person is hurt in a ladder accident, they can file a personal injury claim for compensation. A ladder-related personal injury lawsuit can be launched against the following parties:
The maker of the ladder, the store where it was purchased, the construction business, the property owner, or anybody else who may have contributed to the accident.
A New York City ladder accident lawyer can recover damages for the victim’s losses and expenses, such as medical bills, lost wages, and pain and suffering.
The following are some of the most common causes of ladder injuries:
Slip and fall injuries, construction site accidents, lack of supervision, unsecured ladders, inadequate ladders, scaffolding accidents, Roofing accidents, or workplace injuries
The following are some of the most often asked issues about ladder accident injury lawsuits that our ladder accident lawyer address:
Victims suffering ladder injuries may be eligible to file a lawsuit.
When a person is hurt in a ladder accident, they can file a personal injury claim for compensation.
1. Is it possible to sue for a ladder injury?
If a person is injured after falling from a ladder, they may be entitled to file a lawsuit to recover damages. In ladder accident litigation, common causes of action include:
Someone else handled the ladder improperly, the ladder was malfunctioning, or the ladder was in an unsafe condition.
1.1. Errors and Omissions
In the United States, the majority of personal injury cases are founded on “negligence.” Someone’s negligence occurs when they do anything that causes harm to another individual. In a negligence action, the plaintiff must establish the following elements:
The defendant owed the plaintiff a duty of care; the defendant breached that duty; the breach resulted in the plaintiff’s injuries; and the plaintiff was injured as a result of the defendant’s violation.
1.2. Defects in the Ladder
Ladders that are defective might provide a safety risk to anyone who relies on them. Ladders can collapse due to a bad design or due to poor workmanship. When a ladder flaw causes an injury, the victim may be eligible to launch a lawsuit against the manufacturer of the defective device.
Generally, product liability lawsuits are founded on one of the following flaws:
Manufacturing flaws, design flaws, or warning flaws are all examples of faults.
1.3. Hazardous Ladder Situations
When utilising a ladder on someone else’s property, the owner of the property may be liable for ensuring the ladder is in good working order. If a user is hurt while on a property ladder that is not safe, the property owner may be held accountable.
Property owners or occupiers have an obligation to visitors and customers under premises liability rules to keep the property in a safe condition. In most cases, this necessitates property owners repairing hazardous situations or informing visitors of any safety concerns. Allowing visitors to use an unsafe ladder could be considered a breach of the owner’s duty of care. 3
2. What types of losses can I claim as a result of a ladder accident?
When someone falls off a ladder, they may need medical attention, be unable to work, and suffer terrible injuries. The wounded victim might seek for compensatory damages in a personal injury lawsuit. In a personal injury case, damages may include:
- Medical expenses,
- Treatment at an emergency room, surgery, and physical therapy
- Continual medical care,
- Loss of earnings,
- Future earnings have been lost.
- Noneconomic damages for amputation or scarring
- Pain and suffering, as well as a loss of consortium.
Damages from a Fatal Ladder Accident
Accidents with ladders can be fatal. When someone dies in a ladder accident, the surviving family members are unable to initiate a lawsuit to hold the responsible parties accountable. However, surviving family members may be able to sue the culpable parties for damages in a wrongful death action.
Funeral expenses, loss of earnings the deceased would have provided, and any damages experienced by the remaining family members might all be covered by a wrongful death claim.
3. How do I figure out who is to blame for the broken ladder?
When a malfunctioning ladder falls and injures someone, the victim may have no idea who is to blame. The injury victim, on the other hand, may not have to show that any one person was negligent in product liability or premises liability claims.
Strict liability for product defects allows an injured person to sue anybody involved in the manufacturing, distribution, or sale of the defective goods.
3.1. Manufacturers or Sellers of Ladders
A victim of a ladder-related injury may be able to launch a case against the ladder manufacturer, distributor, and store who sold the ladder. The injury victim must establish the following in a product liability claim involving a ladder:
The ladder was made, distributed, or sold by the defendant; it had a manufacturing, design, or warning flaw when it left the defendant’s control; the victim was injured; and the ladder defect was a significant factor in the victim’s injury.
4. Injuries Associated With Ladders
Between 1990 and 2005, according to a report published in the American Journal of Preventive Medicine, there was a 50 percent increase in ladder-related accidents. Over 2 million people were treated in emergency rooms for ladder injuries over this time, with victims ranging in age from 1 month to 101 years old.
Ladder injuries are frequent in a variety of professions as well as at home. Injuries can occur in a variety of ways, including:
- Ladder collapse due to a flaw,
- Steps on the ladder are broken,
- A ladder that was not properly secured collapsed.
- Metal ladders in contact with electrical lines, failure to follow ladder safety protocol, etc.
- Ladder rungs that are slippery, and ladders that are put up on uneven terrain
Extremely high falls do not cause all ladder injuries or deaths. Even a stepladder fall, if the victim hits their head or back on the ground, can result in significant injury. The following are the most common injuries sustained in ladder accidents:
- Fractures of the feet, legs, and hips
- Injury to the back,
- Electric shock or electrocution, Head damage, Facial trauma, Neck injury
- Cuts and abrasions, traumatic brain injury (TBI), or concussions are all possible injuries.
5. Can I sue my company if I was hurt on the job while using a ladder?
Workplace ladder injuries may differ from other forms of ladder injuries. When a worker gets injured on the job, the claim may be addressed through workers’ compensation. If the accident was caused by a third party or was caused by willful activity to hurt the employee, the employee may still be allowed to pursue a personal injury case.
A workers’ compensation claim differs from a personal injury lawsuit in several respects. In general, a workers’ compensation claim is:
Faster than a lawsuit, and the victim does not have to prove that the employer was negligent.
In a workers’ compensation claim, however, the damages are often limited to covering medical bills and providing wage replacement when the employee is unable to work.
Fall injuries on the job, according to the Centers for Disease Control and Prevention (CDC), are a leading cause of fatal workplace accidents. A ladder is involved in around 20% of workplace falls. A ladder is involved in more than 80% of fall injuries needing emergency room treatment in the construction business.