Product Liability
A ladder that folds or a guard that fails turns routine work into a permanent injury
Ladders and power tools are used millions of times a day, so a design that fails even rarely will predictably maim someone. That risk belongs to the maker.
About ladder and power tool defects claims
Ladders and hand-held power equipment are governed by well-established voluntary safety standards, and a departure from those standards is often the clearest evidence available. A ladder can fail because a rail is under-specified, a spreader or lock releases under load, a rivet or weld is defective, or the feet cannot hold on the surfaces the ladder was sold for. A saw or grinder can fail because a guard is designed to be defeated, a blade brake is absent, a switch does not stop the motor, or a battery pack or cord creates a shock or fire path.
California law lets us proceed on strict liability rather than carelessness. A manufacturing defect means this unit deviated from the maker’s own specification. A design defect is measured under the two prongs of Barker v. Lull: whether the product performed as safely as an ordinary consumer would expect, and whether the risk of the design outweighs its benefit, where the manufacturer carries the burden on the risk and benefit question. Failure to warn covers the instructions and on-product labels that were supposed to make safe use possible.
Many of these injuries happen on a job site, which raises a second question we look at immediately: whether workers’ compensation is the exclusive remedy against an employer while a claim against the equipment maker, the rental company or another contractor on site proceeds separately. Those are different claims with different deadlines, and one does not replace the other.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Traumatic brain injury and skull fracture from a fall from height
- Spinal fractures, disc injury and paralysis
- Amputation and degloving injuries from unguarded blades
- Tendon, nerve and crush damage to the hands and forearms
- Eye injuries and blindness from ejected fragments and blade shatter
- Electrical burns and electrocution from tool or cord failure
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The manufacturer that designed and built the ladder or tool
- A component supplier responsible for the lock, guard, switch or battery
- The retailer or big-box seller that placed the product on the market
- A rental company that supplied damaged, modified or unmaintained equipment
- A distributor or importer of an overseas brand sold in California
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Preservation of the ladder or tool exactly as it was after the incident
- The model, serial number, date of manufacture and duty rating label
- The instruction manual, on-product warnings and packaging as sold
- Compliance testing, standards submissions and internal design change records
- Incident reports, photographs of the scene and witness accounts
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Ladder and Power Tool Defects: common questions
Injured by ladders & tools? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.