A couple from Canadensis, Pennsylvania, are seeking damages to the tune of $375,000 from Louisville Ladder, after an accident involving one of their ladders caused serious injury.  Dennis Mercurio was using one of their fibreglass ladders to fix an exterior light when the ladder twisted, throwing him to the floor.  Dennis and his wife Colleen claim that the ladder was defective due to the design, which they say causes excessive twisting.  They stated that the design of the ladder was inferior and that a better, more stable design would have prevented the accident.  At the time, Mercurio was working for Price Bros. Electrical Contractors, but it is unclear why the couple have not pursued the business for compensation, instead pointing the blame squarely at Louisville Ladder.

The case is in court at the moment, but the defendant, Louisville Ladder, refutes their claims that the ladder was defective, a point which the Mercurio's liability expert Stephen Fournier himself admitted while giving testimony.  Claims that the ladder did not have adequate warnings attached notifying that there could be movement of the ladder while it was in use were also refuted, as it is impossible to prove that a different warning would have made any difference in what happened.  Additionally, the testing of a design suggested by the Mercurios also moved when tested under the same conditions, undermining their claim that the design was defective in any way.

Typically, those who are involved in an accident at work can seek compensation from their employer, rather than from the manufacturer of any equipment that was involved.  The burden of responsibility to provide suitable equipment lies with the company, so it is unusual to see a case where a manufacturer is being held liable for equipment failure.  As the summary judgement has not yet been passed, it is impossible to tell from this case whether a precedent will be set for victims of ladder related accidents to seek compensation from the manufacturer, but given the rebuttals of the Mercurio's claims, it seems unlikely that they will receive the money they are looking for.

Ladder manufacturers spend a great deal of time testing their ladders to ensure they are up to scratch, and also invest heavily in properly written user manuals, warning stickers and other safety measures designed to make the user aware of any potential problems.  It is the responsibility of the user or the company supplying the equipment to their workforce, to regularly check the integrity and suitability of their ladders, which further protects manufacturers from liability claims.  Unless the Mercurio case is successful for the plaintiff and sets a precedent for manufacturers to be pursued for damages, ladder manufacturers can breathe a sigh of relief and concentrate on business as usual.