What to do if I was using a ladder to install gutters on my house and it failed and collapsed?

I was injured and missed work and lost wages. The ladder company offered $350 compensation. Should I take it or do I have a case?

Asked on February 13, 2013 under Personal Injury, North Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Why did it fail? If you were using it properly and had maintained it properly (i.e. not banged it around or damaged it), then if the failure was (presumably) due to a design or manufacturing defect, then you may well have a claim. You might be able to recover an amount equal to your actual out-of-pocket medical costs and lost wages, which losses can provably be traced to the ladder's failure. If on the other hand you were using the ladder improperly, or had damaged it prior to use, the manufacturer would not be liable.

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