San Antonio Ladder Accident Lawyer
Falling off a ladder is no joke. The Centers for Disease Control reports about 500,000 Americans seek medical care after falling from ladders, and 300 people die from ladder falls every year.
If you have been hurt after falling from a ladder, you could be entitled to compensation. Your rights depend on the circumstances surrounding your fall, so trying to figure out the next right step could be confusing. Meet with a San Antonio ladder accident lawyer soon after your fall to explore your legal options. A knowledgeable construction accident attorney can fight to get you the compensation you need.
Was the Ladder Defective?
Whether a ladder injury occurred at home, in the workplace, or someone else, an injured person could claim against the ladder manufacturer if the ladder was defective. Such claims are made under the theory of strict product liability, which holds that people who put products into the market must ensure that they are safe. Texas Civil Remedies Code §16:012 allows an injured person to bring a product liability claim at any time within fifteen years of the date of sale of the defective product.
If a ladder is never safe in its current iteration, it has a design defect. A ladder has a manufacturing defect if most examples of it are safe to use as directed, but an error occurred while a particular ladder was at the factory that rendered it unsafe. If the manufacturer’s label does not provide adequate instructions for safe use of the ladder, it has a labeling defect.
The plaintiff must demonstrate that the ladder was defective in its design, manufacture, or labeling and that the plaintiff’s injury occurred because of the defect. A knowledgeable product liability lawyer could review the circumstances of a ladder accident to determine whether there is sufficient evidence to meet the plaintiff’s burden of proof.
Remedies for Ladder Injuries in the Workplace
Ladder injuries are common in the workplace. The legal remedies available to an injured worker depend on their employment status, the circumstances of the incident, and whether their employer participates in the workers’ compensation program.
Employers in Texas do not have to provide worker’s compensation insurance to their employees. If a non-participating employer’s negligence led to a ladder fall that injured a worker, the worker could file a lawsuit seeking damages from the employer.
The worker needs to prove negligence to win a claim against their employer. Proving negligence requires the worker’s attorney to offer evidence that the:
- Employer had a duty to the worker
- Employer breached that duty
- Breach caused the accident that injured the worker
- Worker suffered documentable losses because of their injury
Employers must provide safe working conditions for their employees, including maintaining equipment like ladders and training employees in their proper use. They must comply with all the Occupational Safety and Health Administration guidelines concerning ladder safety. Breach of these guidelines could be evidence of negligence. Witness statements, photographs, or surveillance video of the conditions present at the time of the accident also could be evidence of negligence.
Seek an Experienced Accident Lawyer to Pursue Your Ladder Fall Claim
If you have been injured in a fall from a ladder and someone else’s negligence is to blame, you could seek damages that might include your medical expenses, lost wages, and payment for your pain and suffering. Discussing the circumstances of your fall with a knowledgeable San Antonio ladder accident lawyer is a good first step to discover your best legal options.
Unless a defective ladder was the problem, you have only two years to bring a lawsuit, so it is critical to act quickly. Schedule a consultation today.
