How to Present a Ladder Injury Lawsuit

Ladders are excellent tools in industrial and construction jobs and home maintenance to clean gutters and perform other household activities. Nevertheless, a faulty ladder can cause a fall, resulting in serious injuries. Also, improper use of the tool can result in an accident. If you have suffered injuries from a ladder accident, you can file an injury claim to receive compensation. However, how do you present the lawsuit? Before filing a claim, below is the information you need to streamline the process and ensure maximum compensation.

Common Causes of Ladder Injuries

Ladder accidents take different forms, with each having unique circumstances. The accidents involve a fall from a height, resulting in mild or severe injuries. The common causes of these accidents are:

Setting the Ladder on an Uneven Surface

You must set up a ladder on a level and firm surface. Placing the tool on an uneven surface can cause it to lose balance, leading to a fall. Besides, a soft ground surface can shift the ladder, leading to an accident.

An excellent example of uneven surfaces are hilly areas. Using ladders in these places can be tricky, and construction projects in these areas are prone to ladder accidents. If a project site is hilly, one of the ladder’s feet is likely to be elevated over the other because the ground is not level, causing instability. Do not use a ladder on surfaces like these because you are prone to falling. Instead, use a wedge to elevate the lower foot or dig a hole to bring down the higher foot. Unfortunately, many people do not take the time to even out the ladder or lack the necessary tools, forcing them to try and balance the unstable ladder with their bodies. This results in severe falls.

Setting your ladder on mud or a soft surface exposes you to ladder accidents. Your weight presses the ladder into the ground. If the weight is unevenly distributed, the ladder tilts, resulting in a severe fall.

The Climber Missing the Bottom or Foot Rung

It is common for climbers to miss the lowest rung if they miscount the steps or fail to look at the rungs when stepping down. When descending, you expect your foot to step on the ground. If this does not happen, you lose balance and fall on your back. These accidents can be severe, mainly when debris or objects are at the base, as you could sustain severe head injuries.

Using the Incorrect Ladder Type

Different ladders have unique uses. Using the incorrect ladder for a project can cause serious accidents and injuries.

Using a short ladder, you must stretch to reach where you want the work done, resulting in overstretching and a fall.

Similarly, ladders come with weight restrictions. If you exceed the weight of a ladder, the rungs can break and cause serious injuries. Therefore, when climbing a ladder, you should always consider the weight it can support.

Besides, using a step instead of an extension ladder can expose you to ladder accidents and injuries. When you use a step ladder where you should utilize an extension one, you end up standing on the top rung, which can cause you to lose balance, fall, and sustain injuries.

Defective Ladder

A poorly maintained, damaged, or worn-out ladder can also expose you to injuries. The accident happens because of poor maintenance, failure to inspect the ladder before use, and defective manufacture, design, or warning.

Other common ladder injury causes are:

• Slippery ladder rungs.
• User-related errors like overreaching.
• Lack of training on the use of particular ladders.
• Improper ladder setup.
• Defectively placed scaffoldings.
• Not locking the ladder.
• Lack of protective gear.
• Lack of supervision.

Some of these accidents happen because of climbing or user errors. However, you are still eligible for workers’ compensation benefits if the accident occurs while you are at work.

In other cases, the climber or user of the ladder is not liable for the accident. You should pursue a personal injury claim if another party’s negligence caused the accident. Severe injuries can result in hefty future medical and rehabilitative expenses due to partial or permanent disability. You want to ensure you receive maximum compensation to cover all these expenses and live a comfortable life. You can streamline the claim process by partnering with an injury attorney. A reputable injury law firm will protect your rights and pursue maximum damages for your ladder injuries.

Common Ladder Injuries

Ladder accidents sound trivial, but the injuries can be severe and sometimes fatal. According to the National Library of Medicine, there was a 50% rise in ladder injuries between 1990 and 2005, with high hospital admissions.

Ladder injuries are as expected on construction and industrial sites as in household activities. The injuries happen in various ways, including:

• The collapse of faulty ladders.
• Metal ladders coming into contact with electrical wires.
• Slippery ladder rungs.
• Uneven surfaces.
• Disregarding ladder use protocols.
• Defective warning.

The common ladder injuries you are likely to sustain are:

• Foot fractures.
• Head injuries.
• Neck injuries.
• Hip fractures.
• Spinal cord injuries.
• Traumatic brain injuries.
• Broken legs.
• Facial trauma.
• Concussions.
• Electrocution.
• Soft tissue injuries.
• Broken arms.
• Paralysis.
• Bruises, cuts, or scratches.
• Internal bleeding.
• Internal organ damage.

If you fall from a ladder and sustain these injuries, you should talk to a personal injury attorney immediately to understand how they can help.

Action to Take After Sustaining Ladder Injuries

If you sustain ladder injuries, you should take specific steps to enhance your chances of receiving fair compensation. These steps are:

1. Inform the Property Owner

When you sustain ladder injuries on a project site, you should contact the property owner or contractor in charge of the project to notify them of the case’s facts. Informing them of the injuries helps them know they are possibly liable and take the necessary measures to compensate you for the losses.

2. Go for Medical Treatment

Once you have notified the owner or employer, you should go to the hospital for a medical examination and treatment. If you receive treatment immediately after the accident, you increase your chances of a quick recovery. Even if you have no visible injuries or symptoms, you should still visit the hospital because you could be experiencing delayed symptoms. If you cannot seek treatment immediately after the accident, do it when you can.

Seeking treatment is not only for your health's sake. The medical report and bills are crucial to your injury claim. When presenting your lawsuit, you must present evidence of the injuries sustained and the medical expenses incurred, present and future, and link them with the ladder accident. Going for a medical examination ensures you have the evidence to show the cause and extent of your injuries.

3. Identify Witnesses and Write Down their Contact Information

Identify people who could have seen the ladder accident and write down their statements and contact details. However, you can ask someone to gather these details if your injuries are severe.

Witnesses play a critical role in your case because they can explain the events leading to your ladder injuries. They are more aware of what transpired than you because you were on the ladder.

Lastly, you should preserve evidence at the scene. If you are an employee covered by workers’ compensation, you will not sue your employer for compensation. However, you can bring an injury lawsuit against a third party, like a ladder manufacturer or property owner. Therefore, before you leave for the hospital, ensure the ladder is saved for use as evidence to prove defects or poor design.

4. Hire a Personal Injury Attorney

You want to gather solid evidence to present a convincing injury claim and receive reasonable compensable damages. You cannot do this if you are trying to balance healing and gathering evidence for the claim. Therefore, immediately after the ladder accident, contact your injury attorney. The legal expert will investigate the cause of the accident and the injuries sustained and collect the necessary evidence to present an injury claim. Additionally, an attorney will help you in the following ways:

• Evaluate your claim and determine the best approach to claiming compensation.
• Identify the parties responsible for your ladder injuries.
• Identify the damages available in your injury claim and the value of each.
• Negotiate an out-of-court settlement with the liable party.
• Pursue an alternative solution if no settlement is reached.
• Ensure you receive the medical care necessary even when you cannot afford it.

Partnering with an injury attorney enables you to focus on what is essential: recovery.

Presenting a Ladder Injury Claim

When you sustain injuries after a ladder accident, the law allows you to file an injury lawsuit seeking damages for your harm. You can present the claim if the following is true:

• Another individual was careless in handling the ladder.
• The stepladder was faulty.
• The tool was placed in a dangerous condition.

Negligence is the basis of most injury lawsuits in California. It involves an individual engaging in conduct that causes another party to suffer injuries. The person who has sustained the injuries, or the plaintiff or accuser, has the burden of proof. Therefore, if it is you that is filing an injury claim based on carelessness or negligence, you must demonstrate with a preponderance of the evidence that:

• The defendant or accused owed you, the plaintiff or claimant, a duty of care.
• The accused violated this duty.
• The breach was the direct cause of your injuries.
• Due to the harm obtained, you incurred damages.

For instance, your neighbor wants to fix the Christmas lights in their home. However, he calls you to help fix the lights because he has injured his back. You agree to assist, but on the condition that the neighbor clasps the ladder firmly. Once you have climbed and started fixing the lights, your neighbor’s telephone rings, and he decides to release the ladder and instead pick up the call. After the neighbor removes their hands from the ladder, you lose your balance and fall, hitting your head. Under these circumstances, you can sue your neighbor for negligence, as they owed you a duty to hold the ladder but breached it by letting it go, causing you to fall and sustain head injuries.

Another basis for ladder accident injury claims is defective tools. A defective ladder can be a severe danger to anyone who uses it. Poor construction or lousy design can collapse a ladder, inflicting severe injuries. You can base your claim on the faulty product if you sustain injuries like this. A product liability claim can be founded on production, design, or warning defects.

Also, you can base your injury claim on hazardous ladder conditions. If the ladder you use is on another person’s property, the owner is responsible for ensuring the tool is safe. If it is improperly maintained and you suffer injuries, the owner will be held accountable for your harm. You will base your claim on premises liability, as the owner owes the visitors or customers to their property a duty to maintain it. The owner must repair dangerous conditions or warn visitors of safety issues. Failing to warn visitors of unsafe tools violates the duty of care.

For instance, if you are an electrician, a customer has invited you to repair a ventilator on the roof of their apartment. On arrival at the property, the owner points you to the ladder that leads to the ventilator and asks you to look for it when you complete the work.

As you go up the ladder, you discover that it is rusty. You develop safety concerns and decide to descend the ladder. Unfortunately, one of the rungs breaks before you reach the base, and you fall, fracturing your hip. In this situation, you can sue the owner for premises liability. They have a maintenance duty, including maintaining the ladder and warning visitors of hazardous conditions. Because your client did not do this, they are responsible for your injuries.

Parties Liable for Ladder Injuries

Ladder accidents and injuries are unique. Despite this, your injury attorney must have the facts before identifying those responsible for your damages. This means knowing the cause of the accident and having proof of the injuries sustained.

When a defective ladder breaks, you, the victim, will barely know the party responsible. Nevertheless, you can seek compensation through premises and product liability because the court does not require proof of negligence. You can file a claim under strict liability against the faulty ladder's producer, distributor, or seller. During a product liability suit involving ladder injuries, you must prove that:

• The accused produced, circulated, or sold defective ladders.
• The tools had manufacturing, plan, or warning defects when they left the custody of the defendant.
• You suffered injuries.
• The flaw was the primary cause of your injuries.

Let us say you purchase a ladder to clean gutters in your home. You visit Wall’s depot and buy a ladder manufactured by Cheapco. When using the tool for your household, it collapses and causes you to fall, sustaining severe head and back injuries. Who do you sue for product liability? Cheapco and Wall’s Depot are liable for your injuries; you should sue them for damages.

The cause of the ladder accident helps determine who is liable for the injuries. Your attorney must show that a ladder had defects and that the defects directly contributed to your harm.

Recoverable Damages in Ladder Accidents

Ladder injuries require medical treatment and rehabilitation, depending on their severity. Additionally, they can prevent you from working temporarily or for the rest of your life. Presenting an injury lawsuit in court will help you recover damages for all the losses stemming from the injuries. The compensatory damages available in your claim include:

• Medical expenses.
• Emergency room treatments like surgery.
• Ongoing and future medical expenses.
• Physical therapy.
• Loss or reduced earning capacity.
• Loss of income.
• Treatment for anguish and pain.
• Physical pain.
• Emotional suffering.
• Loss of life enjoyment.
• Loss of consortium.

Ladder accidents can sometimes be fatal. If you lose your life due to ladder injuries, you are not in a position to claim compensation. Your descendants or estate can pursue a wrongful death lawsuit to hold the liable parties accountable. The damages available in these claims will help your family pay for the following:

• Burial and funeral costs.
• Loss of consortium.
• Loss of support.

On-the-Job Ladder Accident Injuries

Workplace ladder injuries are different from those that happen off the job. When you suffer ladder injuries at work, you cannot sue your employer because your case falls under workers’ compensation laws. You can only file a claim against a third party if the on-the-job injuries were due to intentional conduct.

Workers’ compensation claims are quick because they do not require the injured party to prove negligence. However, you must prove that ladder injuries happened at the workplace or away from work when doing something for the employer's benefit. The damages in these cases compensate for lost earnings and medical bills.

Workplace ladder injuries are fatal, with the Center for Disease Control and Prevention (CDC) estimating that 20% of falls at work involve ladders. The CDC also reports that 80% of construction ladder injuries require emergency room treatment.

Find an Experienced Los Angeles Ladder Injury Attorney Near Me

The LA Personal Injury Law Firm can help if you have suffered ladder-related injuries in Los Angeles, CA. Our injury attorneys will closely review your case and discuss the best action to take to bring a claim against the liable party. Call us today at 310-935-0089 to discuss your case.