A plaintiff whose career as a regional sales manager for a tire company was cut short because of an accident involving a defective ladder has been awarded $4.7 million in a New York ladder recall settlement after a five-day trial.
According to the lawsuit, which was filed in 2014, the plaintiff was using a ladder that was manufactured by Tricam
Industries and sold by Home Depot to reach some tires when the ladder collapsed. He sustained serious injuries in the fall which prevent him from returning to work and he will require ongoing care for the rest of his life.
An investigation into the accident revealed that the ladder contained a serious defect. Holes had been punched in the incorrect places in the fiberglass and rivets were misplaced. Then, the manufacturer failed to inspect their product before it left the factory and shipped it to Home Depot where it was put up for sale.
His lawsuit was filed against both Tricam and Home Depot, alleging that their negligence ultimately caused his injuries. The jury determined that the two companies were indeed at fault and awarded him compensation will hopefully support him throughout his life.
Ladders are used in almost every industry in the country and sadly, defects are common which create dangerous situations for the workers who use these defective products. Even if the fall is from a very small height, the injuries that occur can be life-threatening and can cost hundreds of thousands of dollars to treat.
Often the only way for a ladder fall victim to obtain the compensation they need is to file a lawsuit.
In the United States, product designers, manufacturers, a party who assembles the product, a wholesaler, and even the stores that sell products can be held liable if a defect results in an accident which causes consumer harm.
Defects that can result in a lawsuit include:
These defects result in a product behaving in a way contrary to how it is advertised to work and frequently cause harm to those using them.
When a plaintiff is awarded monetary compensation through either a settlement or verdict, this is called "damages". The damages are supposed to help restore the plaintiff and provide them with the money they need to cover:
The total award obtained is based on the losses that have been sustained and since no two cases are exactly the same, the damages awarded will vary from case to case.
Sadly, in many cases, the injuries that occur when a defect causes an accident are fatal, leaving loved ones to not only mourn their sudden loss but also leaving them to figure out how they will survive without their financial and emotional support.
While nothing can be done to bring back the life that was lost, a wrongful death lawsuit can be pursued which is intended to provide the surviving loved ones with financial relief. Compensation that is obtained through either a settlement or successful verdict can help to cover:
Typically, in New York, the family members that are eligible to file a wrongful death lawsuit include the spouses, parents, and children of the deceased.
It might seem like you are all alone but you are not. Our legal team combines experience, passion, dedication, and love of the law to make sure that our clients get everything that they need to move forward after an accident. We aren't afraid to take on big companies and believe that all negligent parties should be held liable for the damage they cause others. Contact us today to learn more about our firm and how we can help you.
Thanks to our friends at Copley Roth, personal injury attorneys in Kansas, for their contributions to this post.
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