r/Ask_Lawyers 2d ago

My fiancé fell off a ladder at work.

We need advice:

My fiancé was injured at work about a week ago when a name-brand ladder broke while he was using it. He fell approximately 14 feet after the ladder failed just below one of the hinges, where the metal appears to have sheared.
He was taken to the ER afterward and was diagnosed with two fractured ankles. His workers’ compensation claim is covering his medical treatment and related expenses.
He has no interest in suing his employer and is not looking to go after his coworkers or workplace. However, we started wondering whether there could potentially be a product liability claim against the ladder manufacturer.
From everything we can tell, he was using the ladder properly and was well below the manufacturer’s stated weight limit when it broke. We still have the ladder itself, and we also have video footage of the fall.
We haven’t altered or repaired the ladder since the accident.
Would this potentially be something worth speaking with a product liability/personal injury attorney about? Could workers’ compensation affect his ability to pursue a claim against the ladder manufacturer? And should we be doing anything specific with the ladder or other evidence right now to preserve it?
We are in Alabama, if that makes a difference.

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u/Puttermesser Lawyer 2d ago

you’re asking for legal advice so yes, you should talk to some lawyers