Ladder Fall Accident Lawyer in Fort Lauderdale

Every day, construction workers and consumers use ladders to access hard-to-reach areas of a home or building. And each day, those same workers and consumers suffer serious and fatal injuries in ladder falls. If you or a loved one was injured after falling from a ladder, you may be entitled to compensation. A ladder fall accident attorney in Fort Lauderdale can run through your options with you.

The team at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. knows how difficult it is to recover from a serious ladder accident. Call us today for help recovering financially: 954-524-2820.

Ladder Accidents

Falls are a leading cause of death in the United States. According to the National Safety Council, almost 176,000 people required emergency medical care for ladder fall injuries in 2013.

The National Institute of Occupational Safety and Health (NIOSH) found that a majority of ladder accidents fall under one of the following categories:

  • Use of the wrong ladder: There are various types of ladders including a-frame, step, platform, extension, and rolling safety ladders. Each ladder is for a specific set of tasks. Failure to use the correct ladder can result in injury.
  • Use of a ladder in poor condition: Just like other tools, ladders require regular maintenance. Failure to monitor defects and fix any broken parts can cause serious accidents.
  • Improper use of the ladder: Workers and consumers who use ladders must act responsibly while using the ladder and adhere to all safety regulations. If they do not, they could end up involved in an accident.

People must take appropriate precautions while using a ladder. However, construction companies, contractors, manufacturers, and other parties must also do their part by following certain safety standards. Failure to adhere to these regulations can cause ladder users to suffer serious injury.

What injuries can I suffer in a ladder accident?

Any sort of slip and fall at home or in the workplace can result in life-changing injuries. Depending on the height of the ladder and the surface you land on, your injuries can be catastrophic. Some of the most common injuries from a ladder fall include:

  • Brain trauma and other head injuries
  • Spinal cord injuries
  • Lacerations and bruising
  • Broken bones
  • Loss of limb
  • Paralysis
  • Internal organ damage
  • Back injury

What are my options for recovering damages?

Depending on the circumstances of your accident, you may either recover compensation from your employer’s workers’ compensation insurance or through a third-party claim.

Workers’ Compensation

Anyone injured on the job is likely eligible for workers’ compensation benefits. You can recover medical benefits and lost wages. You can recover benefits regardless of who was at fault for the accident. The downside of workers’ compensation is that to recover benefits, you must give up your right to sue your employer.

Third-Party Claims

If a third party was responsible for your ladder fall accident, you may be able to hold that party liable. Third parties might include subcontractors or general contractors on site, property managers, project managers, or manufacturers.

In Florida, you have four years from the date of injury to file suit. Failure to file suit within four years will bar you from recovering damages.

Filing a Third-Party Claim

To have a valid claim, you must be able to prove that party was negligent. To prove negligence, you must establish the following:

Duty of care: First, you will need to establish that the person or company you are suing owed you a duty to keep you from undue harm. The duty owed depends on who the party is. For example, property owners owe visitors a duty to keep their property safe. Manufacturers owe customers a duty to only release safe products.

Breach of duty: The most important step is proving that there was a breach of duty. Examples include:

  • A manufacturer that released a ladder that collapses when a person steps on it.
  • A property owner who neglected to keep his property level, leading to a ladder tipping over.

We will investigate your accident and determine exactly how and why it occurred.

Causation: You will then have to prove that the defendant’s negligent behavior was the actual and proximate cause of your injuries. Actual causation means that your injuries would not have occurred but for the defendants’ negligence. Proximate causation requires proving that the harm that occurred was or should have been foreseeable.

Damages: Lastly, you will need to prove the injuries and damages you incurred because of your ladder fall.

What damages may I recover in a personal injury suit?

If you win your claim, you can receive compensation to cover both economic and non-economic damages.

Economic damages cover damages with a set monetary value such as:

  • Medical costs
  • Lost wages
  • Loss of future earning capacity (calculated based on past experience, age, education, and skills)

Noneconomic damages do not have a set financial value, but our team works with experts to assign a monetary value based on various factors. Some common noneconomic damages include:

  • Pain and suffering
  • Emotional pain
  • Loss of enjoyment of life
  • Loss of consortium

Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. is dedicated to helping injured workers and consumers get back on their feet.

If you or someone you know was injured in a ladder accident, contact us today for a free consultation: 954-524-2820.