Every year, hundreds of people are injured or killed in ladder falls. The U.S. Consumer Product Safety Commission (CPSC) estimates that there are more than 24,000 emergency room visits each year due to ladder falls. While some of these accidents are due to user error, many are caused by faulty ladders. If you or a loved one has been injured in a ladder fall, you may be entitled to compensation. The experienced Nashville, Tennessee lawyers at Tennessee Accident Law can help you investigate your case and fight for the compensation you deserve.
Ladder Falls Are More Common Than You Might Think
According to the CPSC, ladder falls are one of the leading causes of emergency room visits in the United States. Data from the CPSC shows that there are more than 24,000 ER visits each year as a result of ladder falls.
Ladder falls can be especially dangerous because they often result in serious injuries, such as broken bones or traumatic brain injuries. In some cases, ladder falls can even be fatal. If you’ve been injured in a ladder fall, it’s important to seek medical attention right away. Once you’ve received treatment for your injuries, you should contact an experienced personal injury lawyer who can help you investigate your accident and file a compensation claim.
Common Causes of Ladder Fall Accidents
If you’ve been injured or killed in a ladder fall accident in Tennessee, you’re likely wondering what caused the accident. After all, ladder falls are not common occurrences. In most cases, they are preventable accidents that happen because of one or more factors. In this blog post, we’ll take a look at the five most common causes of ladder fall accidents.
1. Unsafe Ladders
This is the most common cause of ladder fall accidents. Old ladders, damaged, or not properly maintained can be very dangerous. If you’re using an unsafe ladder, it’s only a matter of time before an accident happens. Always make sure that your ladder is in good condition before using it.
2. Improper Use of Ladders
Another common cause of ladder fall accidents is improper use. Ladders are not meant to be used as leaning posts or scaffolds. They should only be used for their intended purpose – climbing up and down. When people use ladders improperly, accidents often happen.
3. Overreaching
Overreaching is another common cause of ladder fall accidents. When people try to reach something that’s just out of their reach, they often lose their balance and fall off the ladder. To avoid this, always make sure that you can comfortably reach what you’re trying to grab before attempting to do so.
4. Distractions
Distractions are one of the leading causes of accidents in general – and ladder fall accidents are no exception. If you’re distracted while using a ladder, there’s a good chance that you’ll lose your balance and fall off. So, make sure to stay focused when using a ladder.
5. Fatigue
Finally, fatigue is also a common cause of ladder fall accidents. When people are tired, they’re more likely to make mistakes – and climbing a ladder is no different. If you’re feeling tired, take a break before continuing to use the ladder.
Common Ladder Fall Accident Injuries
Almost everyone has fallen off a ladder at some point in their lives. Whether you’re a construction worker or just trying to change a light bulb, ladder falls are an unfortunate and all-too-common occurrence. And while most ladder falls result in nothing more than a few bruises, some can be much more serious. Here are 5 common injuries that can be sustained in a ladder fall accident.
1. Fractures
One of the most common injuries associated with ladders is fractures. bones. When you fall from a height, the impact of the fall can cause your bones to break. This is especially true if you land on your arm or leg. Even if the bone doesn’t break all the way through, it can still sustain a hairline fracture.
2. Sprains and Strains
Another common injury from ladder falls is sprains and strains. This usually occurs when you try to catch yourself when you’re falling or when you brace for impact. The sudden force can cause your muscles and ligaments to stretch beyond their limits, resulting in pain and swelling. In severe cases, this can also lead to nerve damage.
3. Concussions
When you fall off a ladder, your head can collide with the ground or another object, resulting in a concussion. Concussions are classified as mild traumatic brain injuries (mTBIs), and they can cause symptoms like headaches, dizziness, nausea, sensitivity to light and noise, and problems with memory and concentration.
4. Spinal Cord Injuries
If you land on your back or neck when you fall off a ladder, it’s possible to sustain a spinal cord injury. These types of injuries can vary in severity, but even a minor injury to the spine can cause lifelong problems. In severe cases, spinal cord injuries can result in paralysis below the point of injury.
5. Internal Bleeding
Another serious consequence of falling from a ladder is internal bleeding. This usually occurs when one of your organs is punctured by a broken bone or when an artery is ruptured by the impact of the fall. Internal bleeding can be very dangerous and even life-threatening if not treated immediately.
About Ladder Fall Accident Claims
Ladder fall accidents can result in serious injuries or even death. If you or a loved one has been injured in a ladder fall accident, you may be wondering if you have a claim. The first thing you need to know is that all ladder fall accident claims are governed by the Tennessee Workers’ Compensation Act. This means that if you are injured while working on a ladder, you will need to file a claim with your employer’s workers’ compensation insurance carrier.
If you are not covered by workers’ compensation insurance, or if your injuries are not covered by workers’ compensation, you may still have a claim against the person or company who owns the ladder. For example, if the ladder was defective, or if it was not being used properly, the owner of the ladder may be liable for your injuries.
To prove that the owner of the ladder is liable for your injuries, you will need to show that the owner knew or should have known that the ladder was defective or unsafe. You will also need to show that the defects in the ladder were the cause of your injuries. Proving these things can be difficult, so it is important to talk to an experienced personal injury attorney before proceeding with a claim.
Who is Responsible for My Ladder Fall Accident Injuries?
In Tennessee, there are four main types of ladder fall accidents: Premises Liability, Negligent Maintenance, Product Liability, and Workers’ Compensation.
Premises Liability
If you were injured while on someone else’s property, then the owner of the property may be held liable. The owner of the property must make sure that the premises are safe for visitors. This includes making sure that there are no dangerous conditions that could cause an injury.
Negligent Maintenance
If you were injured while using a ladder that was not properly maintained, then the person who was responsible for maintaining the ladder may be held liable. For example, if the rungs on the ladder were not properly secured, and you fell as a result, then the person who was responsible for maintaining the ladder may be held liable.
Product Liability
If you were injured while using a defective ladder, then the manufacturer of the ladder may be held liable. To prove that the manufacturer is liable, you will need to show that the defect in the ladder caused your injuries.
Workers’ Compensation
If you were injured while working on a ladder, then you may be eligible for workers’ compensation benefits. Workers’ compensation is a type of insurance that is required by most employers. It provides benefits to employees who are injured while working.
What Does Tennessee Law Say About Ladder Fall Accidents?
In Tennessee, as in all states, premises liability law governs most ladder fall accidents. This area of law generally requires property owners and operators to keep their premises in a reasonably safe condition for invitees (i.e., people who are on the property for business purposes). This duty includes taking reasonable steps to prevent foreseeable accidents, such as slip and falls.
However, it’s important to note that not all visitors to a property are considered invitees. There are three categories of visitors under Tennessee law: invitees, licensees, and trespassers. Property owners and operators owe the highest duty of care to invitees, followed by licensees (i.e., people who are on the property for social purposes), and then trespassers (i.e., people who are on the property without permission).
In general, then, a property owner or operator will only be held liable for injuries sustained by a visitor if the owner knew or should have known about the dangerous condition that caused the accident and failed to take reasonable steps to fix it or warn visitors about it.
What if the Person Who Was Injured is an Employee?
The above rules regarding premises liability do not apply if the person who was injured is an employee of the property owner or operator. In these cases, workers’ compensation law will typically apply instead. Under workers’ compensation law, employees who are injured on the job are generally not allowed to sue their employers for damages unless gross negligence can be shown.
How Long Do I Have to File a Ladder Fall Accident Lawsuit?
If you or a loved one were injured—or worse, killed—in a ladder fall accident, you may be wondering how long you have to file a lawsuit. The answer to that question depends on the state in which the accident occurred, as each state has its statute of limitations. Here in Tennessee, the statute of limitations for personal injury lawsuits is one year from the date of the accident. That means if you were injured in a ladder fall accident on September 1, 2020, you would have until September 1, 2021, to file a lawsuit.
If you’re reading this and it’s already been more than a year since your accident occurred, don’t despair. There are certain circumstances—known as “tolling”—that can pause or extend the statute of limitations. For example, if the victim is a minor at the time of the accident, the statute of limitations doesn’t begin to run until their 18th birthday.
Determining When the One-Year Statute Begins
In most cases, the one-year clock begins ticking on the date of the accident. However, there are some exceptions to this rule. If an injury is not immediately apparent—for example, if someone is exposed to toxic chemicals and doesn’t develop health problems until years later—the statute of limitations doesn’t begin until they discover their injury. This is known as the “date of discovery” rule.
Don’t Talk to Anyone on the Other Side Before Speaking with a Lawyer
It’s important to know that you have the right to speak with a lawyer before you speak with an insurance adjuster. It’s in your best interest to do so. A lawyer can help you understand your rights and protect your interests. And if the insurance company does try to take advantage of you, a lawyer can fight back.
What Is an Insurance Adjuster?
An insurance adjuster is a person who works for an insurance company. Adjusters are responsible for investigating claims and negotiating settlements with claimants. They are also responsible for protecting the interests of the insurance company. This means that they are not looking out for your best interests.
On the contrary, their goal is to pay you as little as possible—or nothing at all. They may try to get you to say things that damage your claim or agree to a lowball settlement offer. That’s why it’s so important that you have a lawyer on your side before you talk to an insurance adjuster.
What Should I Do if I’m Contacted by an Insurance Adjuster?
If you’re contacted by an insurance adjuster, politely decline to speak with them until you have had a chance to speak with a lawyer. You can say something like, “I’m sorry, but I’ve been advised not to speak with anyone until I’ve spoken with my lawyer. Would you mind providing me with your contact information so that my lawyer can get in touch with you?”
You should then contact a personal injury lawyer as soon as possible. An experienced lawyer will know how to deal with insurance companies and their adjusters. And if the insurance company does try to take advantage of you, a lawyer will be able to fight back on your behalf—ensuring that you get the compensation you rightfully deserve.
How are We Different from Other Firms?
At our law firm, we pride ourselves on being different. We are a team of experienced and compassionate ladder fall injury attorneys who have dedicated our lives to fighting for the rights of those who have been injured or killed in ladder fall accidents. We have represented clients in Tennessee for over 25 years, and we have a proven track record of success.
We are different from other law firms because we treat our clients like family. We take the time to get to know our clients and their families, and we work tirelessly to get them the compensation they deserve. We understand the physical, emotional, and financial toll that a ladder fall accident can take on a family, and we will do everything in our power to help them get through this difficult time.
Do I Need a Lawyer for a Ladder Fall Accident Case?
Why You Might Need a Lawyer After a Ladder Fall Accident
If you’ve been injured in a ladder fall accident, there are several reasons why you might need to hire a lawyer. First, if the accident was caused by someone else’s negligence, then you will need to hire a personal injury lawyer to help you get compensated for your injuries. Second, if the accident was caused by a defective ladder, then you might need to hire a products liability lawyer. Third, if you were injured on the job, then you will most likely need to hire a workers’ compensation lawyer. Finally, if you have lost a loved one in a ladder fall accident, then you will need to hire a wrongful death lawyer.
What Can A Lawyer Do For Me After A Ladder Fall Accident?
If you’ve been injured in a ladder fall accident, there are several things that a lawyer can do for you. First, your lawyer can help investigate the accident and gather evidence to prove that someone else was at fault. Second, your lawyer can negotiate with the insurance companies on your behalf so that you can get the full amount of compensation that you deserve. Third, your lawyer can file a lawsuit on your behalf if necessary. And fourth, your lawyer can represent you at trial if necessary.
How Much Do We Charge?
A contingency fee is a type of payment arrangement where the lawyer only gets paid if they win your case. If we don’t win, you don’t owe us anything. There are many benefits of this arrangement for injury victims. First and foremost, it allows those who could not otherwise afford an attorney to have access to justice. Second, it provides an incentive for us to only take cases that we believe have a good chance of success.
How Much Do We Charge?
Our contingency fee is typically 1/3 of the total recovery. So, if we can get you $30,000, our fee would be $10,000. If we can get you $300,000, our fee would be $100,000. And so forth.
There are some cases where our fee may be more or less than 1/3. For example, if a case is expected to go to trial and will require a significant investment of time and resources, our fee maybe 40%
Where Do I Start This Process of Pursuing a Recovery for My Loss?
Ladder falls are one of the most common types of accidents we see at our firm. They often occur when people are working at heights – either on construction sites or performing repairs around their homes. In many cases, these accidents could have been prevented if the property owner had taken appropriate safety precautions.
Falls from ladders can result in serious injuries, including broken bones, head injuries, spinal cord damage, and internal bleeding. In some cases, these accidents can even be fatal. If you have been injured in a ladder fall, it is important to seek medical attention right away. Once you have received treatment for your injuries, you should reach out to an experienced personal injury attorney who can help you understand your legal rights and options.
At Tennessee Accident Law, we have represented many clients who have been injured in ladder falls. We know how devastating these accidents can be, and we will fight hard to help you recover the compensation you need and deserve. Contact us today for a free consultation with one of our experienced personal injury attorneys.
Conclusion:
Ladder falls are more common than many people realize and can often result in serious injuries or even death. If you or someone you love has been involved in a ladder fall accident—whether due to user error or a defective ladder—you may be entitled to compensation from the party responsible for your accident.
The Nashville personal injury lawyers at Tennessee Accident Law have extensive experience handling complex ladder fall claims and can help guide you through every step of the legal process so that you can focus on recovering from your injuries while we fight for the maximum amount of compensation available under the law.