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.
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:
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.
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:
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.
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.
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.
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:
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.
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:
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:
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.