When you buy a product like a ladder, you are placing your trust—and your physical safety—in the hands of the manufacturer. You have a right to expect that the product is designed and built to be safe for its intended use. When a company fails in that duty, the results can be catastrophic.

A recent, urgent recall highlights this danger. Werner has recalled approximately 78,000 aluminum telescoping ladders sold at Home Depot and Lowe’s. According to reports and the official Consumer Product Safety Commission notice, the ladders can break while in use, posing a severe fall hazard that can lead to serious injury or death.

For anyone who has been injured after falling from a ladder, this recall is a critical piece of information. It can be the key to proving that your fall was not your fault, but the result of a dangerously defective product.

Understanding Product Liability Law

When a defective product causes harm, the victim has the right to file a personal injury lawsuit against the manufacturer, the distributor, and the retailer who sold it. This area of law is known as product liability. In these cases, we can hold a company liable for several reasons:

• Design Defect: The product was inherently unsafe in its design, making it dangerous even when used correctly.
• Manufacturing Defect: The design was safe, but an error during the manufacturing process made a specific batch of products unsafe, like the Werner ladders that are prone to breaking.
• Failure to Warn: The company failed to provide adequate warnings or instructions about the product’s potential dangers.

In the case of the Werner ladder recall, the issue appears to be a manufacturing defect. This means that anyone injured by one of these specific ladders has a powerful basis for a product liability claim.

What to Do If You Were Injured by a Ladder Fall

A fall from a significant height can cause devastating injuries, including broken bones, spinal cord damage, and severe traumatic brain injuries. The financial and personal costs can be immense.

1. Preserve the Product: The single most important piece of evidence in a product liability case is the defective product itself. Do not throw the ladder away or return it to the store. It must be preserved in its post-accident condition for your legal team and engineering experts to inspect.
2. Document Everything: Take photos of the broken ladder, your injuries, and the scene of the accident.
3. Seek Legal Counsel Immediately: Product liability cases against large corporations are incredibly complex. You are facing a team of corporate lawyers whose job is to minimize their company’s financial exposure. You need an advocate on your side who knows how to fight them.

In the most tragic cases, where a fall from a defective ladder results in a fatality, the surviving family members can file a wrongful death lawsuit to hold the manufacturer accountable and secure their family’s future.

If you or a loved one was injured in a fall from a recalled Werner ladder or any other ladder you believe was defective, you have legal rights.

Contact Manoukian Law for a free and confidential consultation.