If you fell off a ladder and suffered a serious injury, don’t immediately blame yourself. Others might pass off your accident as your own fault since you were the one climbing the ladder. Once again, don’t let their quick opinions decide what you do next.
There is a very real possibility that your ladder fall accident was caused by a defect with the ladder you were using—and that you might be able to file a lawsuit against the ladder’s manufacturer. At Marciano & MacAvoy, P.C., our Philadelphia ladder accident attorneys are standing by to help people in our community who have been seriously injured due to defective ladders. We are currently hearing from clients who were hurt by a Werner brand ladder, especially those recalled in June of 2018. The affected models could break without warning due to a flaw in its telescopic design, tossing users from heights as high as 26 feet.
Models affected by the Werner multipurpose telescoping aluminum ladder recall are:
If you or a loved one were hurt while using a Werner ladder or a ladder of any other brand, let our attorneys know. Call (215) 608-2183 to discuss the details of your accident and claim with legal professionals who have one goal in mind: securing maximized compensation on your behalf.
Catastrophic Injuries Suffered in Ladder Accidents
A fall from a ladder of any height is incredibly dangerous. According to data gathered from various safety groups, such as Occupational Safety and Health Administration (OSHA), nearly 10% of all fatalities suffered in a ladder accident involve a fall from a ladder less than 6 feet in height. The majority of all injuries and fatalities suffered in ladder accidents involve just 10-foot tall ladders. This statistic is likely true due to the commonality of 10-foot ladders combined with the danger of a 10-foot fall.
Falling from a ladder can result in a number of life-changing injuries, such as:
As has been mentioned, death may also occur due to a ladder fall accident. In the event of a death, the surviving family members of the deceased may file a wrongful death claim instead of a personal injury claim. Pennsylvania allows anyone who is representing the deceased’s estate to file a wrongful death claim, which usually means it is filed by a surviving spouse or child.
Damages Pursued in a Ladder Accident Claim
You deserve nothing but a maximized amount of compensation after you fall off a defective ladder. As your Philadelphia ladder accident lawyers, it will be our job to carefully calculate your experienced damages to demand from the liable party. We consider all your possible damages, including what you have already experienced and what may unfold in the future.
For your ladder accident claim, you may be able to receive compensation that helps pay for:
- Emergency medical care
- Hospitalization and ongoing medical treatments
- Lost or reduced wages due to your injury and recovery
- Noneconomic damages, like your pain and suffering
If you are filing a wrongful death lawsuit following a loved one’s fatal fall from a ladder, then Pennsylvania lets you seek damages under both a death statute and a survival statute. The death statute provides damages for the damages you have suffered due to the loss of your loved one. The survival statute provides compensation that would have been provided to the deceased if they survived the accident, like emotional trauma damages.
Useful Evidence for Your Ladder Accident Claim
Ladder manufacturers are often protected from lawsuits like yours by major insurance companies. Werner, for example, is the nation’s leader ladder manufacturer, so they are certain to have a powerful defense team ready to contest your claim. Winning fair compensation through a settlement or verdict may be difficult but there are ways you can strengthen your claim.
In order to boost your chances of a successful claim, there are a few steps you should follow:
- Keep the ladder: No matter what happens, do not let anyone take the defective ladder away from you. In some product liability cases, the manufacturer of the dangerous product tricks the injured consumer into sending back the product for their “careful review.” All this does is take crucial evidence away from the plaintiff. If the company that manufactures your ladder tells you to mail it back so they can inspect it, do not. There is no law that strictly says you have to surrender a defective product in order to file a lawsuit against its manufacturer.
- Document the packaging: If you still have any packaging, take pictures of it for your documentation. For a ladder, the “packaging” will most likely just be stickers or tags affixed to the ladder. You want pictures of the packaging and tags to clearly document the make and model of the ladder. Your pictures might also show a distinct lack of use and safety instructions, which could have contributed to your fall.
- See a doctor: After any fall from a ladder, no matter how minor your injuries seem to be, please see a doctor as soon as possible. Some of the worst injuries suffered in a ladder accident can start off as only minor aches and pains, like a back injury that feels sore at first but degenerates into severe disc damage.
- Call an attorney: Once you are able to do so, call a personal injury lawyer for help with your ladder accident claim. An attorney can help you deal with all the fine details of your claim, as well as deal with insurance companies and the ladder manufacturer.
Speak Up & Protect Your Rights After a Ladder Accident
Beginning your ladder accident claim is often the most difficult part. Figuring out who can help you, or even if you have an eligible claim, can be a headache. Instead of trying to go through it all yourself, come to Marciano & MacAvoy, P.C. in Philadelphia for legal guidance and moral support. While you do your best to take care of yourself after a ladder accident, we will do all we can to secure the damages you are deserved from the liable party.
For a free case evaluation, call (215) 608-2183 today.