When a ladder fails, the immediate reaction from insurance companies is often to blame the person climbing. But at Marciano Legal, we know that a fall is frequently the result of a tool failing its user.
If you’ve been injured, the most important question isn’t just how it happened, but who is responsible? Based on the law and the mechanics of these accidents, the answer usually points to one specific entity.
The Manufacturer: The Primary Responsible Entity
In almost every ladder law case, whether the accident occurred on a professional job site or while doing chores at home, the entity generally held responsible is the manufacturer.
Why? Because the manufacturer is the entity that designed, engineered, and built the ladder. They have a legal obligation to ensure that the product performs safely under normal use. When we take on a case, our primary goal is to determine if the ladder was defective. If a rivet pops, a leg buckles, or a locking mechanism fails, the manufacturer is the one who put that dangerous product into the stream of commerce.
Why Employers Usually Aren’t the Target
If you are injured at work, you might assume your employer is the one you should sue. However, in most states, employers are generally protected from direct lawsuits by Worker’s Compensation laws.
While Worker’s Comp is a necessary safety net, it is notoriously limited. It typically only covers:
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Medical expenses related to the injury.
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A portion of your lost wages (usually about two-thirds).
It does not provide compensation for your pain, suffering, emotional distress, or the full loss of your future earning capacity. This is why investigating the ladder itself is so vital.
Bridging the Gap: The Third-Party Claim
This is where the expertise of a firm like Marciano Legal comes in. By investigating the equipment, we look to move beyond the limitations of Worker’s Comp.
If our investigation proves the ladder was defective, we pursue a third-party claim against the manufacturer. This allows an injured worker to recover the damages that Worker’s Comp ignores, such as:
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Full reimbursement for all lost income.
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Compensation for physical pain and permanent disability.
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Damages for loss of life’s pleasures.
The Importance of Investigation
Proving that a manufacturer is responsible requires more than just a photograph of the broken ladder, it requires an investigation. This is why it is vital to contact an attorney to review your case. We take an extensive look at the manufacturing process, the materials used, and whether that specific model has a history of similar failures or lawsuits to to best support your case.
To learn more about Marciano Legal and our ladder accident attorneys, please feel free to contact us online. You can also dial (215) 515-7743 if you need legal help for a claim of your own in Philadelphia or the surrounding area.
