Ladder Injury Lawsuit in California
After a ladder accident, seeking legal advice is crucial. If you were injured, you might be able to file a personal injury claim to receive monetary damages. This process typically involves gathering evidence, such as medical records and witness statements, and presenting your case to the responsible party or their insurance company. A legal professional can guide you through this complex process and ensure your rights are protected.
Depending on the details of the incident, a lawsuit involving the ladder could be filed against a range of parties, including the property owner, construction company, manufacturer, and even the store that sold it to you. This variety of potential defendants ensures that all avenues for compensation are explored.
Ladder accidents are unfortunately very common on construction sites and can often result in serious injuries, or in some cases, even death. Understanding your legal rights and options in the event of a ladder accident is crucial, as it can help you navigate the complex process of seeking compensation.
When an accident occurs on a portable ladder, extension ladder, or scaffolding, an elevated fall frequently results in severe injuries, such as back injuries, neck injuries, spinal cord injuries, and traumatic brain injuries.
After a ladder accident, it might be possible to file a third-party personal injury claim in addition to workers' compensation benefits. This includes the contractors and subcontractors who often share responsibility for a fall.
A severe injury from a ladder fall frequently results in long-term medical and rehabilitative treatment along with lost wages and temporary or permanent disability that will substantially impact your future earning capacity.
You may receive compensation for a ladder injury affecting you or a loved one. Liable parties may cover your medical costs, lost income, lost earning power, diminished quality of life, and other forms of pain and suffering, such as emotional distress and loss of enjoyment of life. Our Los Angeles personal injury lawyers will take a closer look below.
Who Is Liable When a Ladder Injury Occurs?
Every ladder accident and injury is unique, and a lawyer must have the facts before identifying liable parties.
Defendants named in your ladder injury lawsuit for product liability may include:
- The owner of the property where your ladder accident occurred;
- A ladder manufacturer, assembler, or distributor;
- The owner of a business that sold the ladder;
- Any party that violated their duty of care to you, consequently endangering you.
The specific cause of your ladder accident may be relevant when determining liability. To file a lawsuit against the ladder company, it must be proven that you suffered harm and that the ladder defect was a substantial factor causing you harm.
Common Causes of Ladder Accidents
Understanding the potential causes of a ladder accident is crucial. The Centers for Disease Control and Prevention (CDC) identifies the leading causes of ladder-related falls, from improper ladder setup to user-related errors. Being aware of these factors can help you stay safe and informed.
The Centers for Disease Control and Prevention (CDC) identifies the leading causes of ladder-related falls as:
- Improper ladder setup, which can cause the ladder's feet to slip out from under the user;
- Defective ladder collapse;
- Broken or flawed ladder steps;
- Metal ladder contacting an electrical wire;
- Slippery Ladder rungs;
- Using the wrong type of ladder for a specific purpose;
- Failure to regularly inspect and maintain a ladder;
- The ladder was set up on an uneven surface;
- User-related errors like overstepping;
- Lack of access to information and training about how to use a specific ladder properly.
Ladder accidents can also result from other causes, such as unstable surfaces, slippery floors, and ladder defects. They often occur at the workplace or while working on a roof.
Types of Injuries in a Ladder Accident
Readers should note that not all ladder injuries or deaths are caused by a high fall. A fall from just a stepladder could cause the victim serious injuries if they struck their head on the ground. Some of the most common injuries sustained in a ladder accident include:
- Broken hip,
- Head injury,
- Broken leg or arm,
- Fracture of the foot,
- Concussion,
- Back injury,
- Traumatic brain injury (TBI),
- Spinal cord injury,
- Neck injury,
- Paralysis,
- Soft tissue injury,
- Cuts and abrasions.
Recoverable Damages in Ladder Injury Cases
Recoverable damages may depend on your case type—the two primary types being personal injury lawsuits and wrongful death lawsuits.
You may bring a personal injury claim for a nonfatal ladder injury. Recoverable Damages in a personal injury lawsuit may include:
- All medical costs required to diagnose, treat, and rehabilitate your fall-related injuries;
- Emergency room treatment, including surgery;
- Physical therapy and ongoing medical care;
- Your pain and suffering, which may include physical pain, emotional anguish, diminished quality of life, and other specific trauma;
- Treatment for pain and suffering, including but not limited to counseling and medication;
- Lost income, including permanent loss of income;
- Diminished earning power;
- Loss of consortium refers to the loss of the benefits of a family relationship due to the injury or death of a loved one. This can include the loss of companionship, love, and support.
Liable parties may owe you for any other unlisted damages that are related to your ladder injury.
Recoverable Damages in Wrongful Death Lawsuits
Occupational Safety and Health Administration (OSHA) notes that falls from ladders can kill. A fatal ladder injury case may include some of the same damages as a nonfatal ladder injury case—most notably, medical expenses and pain and suffering.
The amount awarded for pain and suffering may be substantially greater in wrongful death cases, though. In addition to these two damages, plaintiffs in a wrongful death case may receive awards for:
- Loss of a spouse, parent, or child, also known as loss of consortium;
- Lost financial support, which may extend through the deceased's projected years of employment;
- Funeral expenses;
- Any other damages resulting from the fatal ladder accident.
The same standards of liability generally apply to both personal injury and wrongful death lawsuits.
Liability Standards in Ladder Accident Cases
Negligence is generally the standard of liability in ladder injury cases, whether the injuries are fatal or nonfatal. Someone is negligent when they fail to exercise reasonable behavior within their specific circumstances. One may prove negligence by:
- Establishing that the defendant owed you a duty of care (in other words, a duty to act reasonably);
- Proving that the defendant breached their duty of care;
- Showing that the defendant's breach of duty of care caused your ladder accident;
- Linking your ladder accident to resulting injuries and damages.
Other legal standards, such as vicarious liability, may apply to your ladder injury case. Negligence in a ladder injury case may look like this:
- A ladder manufacturer or assembler producing a defective ladder;
- A businessperson selling a ladder they should have known was defective or otherwise dangerous;
- A business owner failing to provide, inspect, and maintain safe ladders for employees.
These are just a few of the countless examples of how negligence can cause serious ladder accidents and injuries.
How Can a Personal Injury Attorney Help You?
Our personal injury lawyers can protect your rights and seek compensation after a ladder accident.
We can shield you from any parties that may violate your rights and potentially deprive you of fair compensation for your damages. We will take the following steps:
- Review your case and determine the appropriate way to seek compensation;
- Identify all parties with liability for your ladder accident;
- Identify each of your damages and determine their monetary value;
- Negotiate a settlement on your behalf;
- Seek an alternate solution if they do not settle your case;
- Ensure that you receive the medical treatment that you need.
We will lead the legal process following your ladder injury. Meanwhile, you can recover from any physical or emotional hardship that you have experienced.
If you were injured or a family member was killed in a ladder accident, contact us for a free consultation to discuss your legal case. We will closely evaluate the specific details of your accident and then discuss the best next steps in your case. Injury Justice Law Firm has two offices in Los Angeles County and serves clients throughout Southern California.
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