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Ladders: Safety and Litigation - Lawyers & Judges Publishing Company, Inc.

Ladders: Safety and Litigation

$ 39.00

  • Author: Jon R. Abele, Cindy A. LaRue
  • ISBN 10: 1-930056-91-5
  • ISBN 13: 978-1930056-91-6
  • Copyright Date Ed: May 18, 2010
  • Pages: 244 pages
  • Binding Information: Paperback
  • Size: 6 ✕ 9 Inches (US)

Every ladder injury case will benefit from this book.

    Ladders, in the home and the workplace, are the cause of thousands of injuries and even deaths each year, despite new developments and warnings designed to enhance ladder safety. Statistics reported by the National Safety Council indicate that there were over 185,000 injury-related emergency department visits in 2006 associated with ladders and close to 400 deaths caused by falling from ladders or scaffolding.

    Ladders: Safety and Litigation approaches all aspects of ladder use using a human factors/ergonomics system perspective, with a focus on the three elements involved: the person, ladder, and environment. This book addresses the many facets of ladder use, including safety issues both at home and in the workplace.

    You will learn about the various standards that have been developed for ladder design, explaining how common factors lead to incidents. You can also review checklists included to assist you in inspecting ladders and investigating ladder incidents.

    This indispensable text for all ladder cases further covers the legal aspects, such as if there is any legal recourse for the injuries sustained in a ladder accident, allowing you to quickly evaluate a case and determine which accidents will justify a full forensic investigation. You must be able to evaluate the facts in light of the applicable law of the jurisdiction.

    The fact that using a ladder can be dangerous does not mean that everyone who has been injured in a ladder accident case cannot recover damages for the injuries. It means that the attorney has to take the time to examine all aspects of the accident and then, after he knows the facts of the accident, make a determination on whether the client has a valid claim. This book will prepare you to make that decision.

    If there is a valid case, it will also help you determine which theory of liability to allege, who to name as the defendant and how best to prove the plaintiff’s cause of action. There are numerous choices the attorney can make with each of these issues. This book will provide the attorney with the information needed to make an informed choice on how to proceed in the most effective manner. The attorney who is armed with the most information is in the best position to prevail when representing an injured client.

    A client interview checklist is provided that allows the attorney to gather the necessary information from a potential client at the initial interview. Having all this information at the beginning saves time and effort by quickly sorting the ladder accident case into a probable cause of action or a case that has no hope of success.

    This book is also available as an E-book. Click here to purchase and download:

    Topics Include:

    • Ladder selection
    • Ladder design
    • Body movement of ladder users
    • Ladder use
    • Ladder care and upkeep
    • Ladder safety
    • Workplace ladder use
    • Common incident patterns
    • Human factors/ergonomics and safety developments
    • Theory of liability
    • Proper party defendant
    • Design defects
    • Manufacturing defects
    • Better alternative available
    • Testing prior to sale
    • Misuse
    • Open and obvious danger
    • Proximate cause
    • Contributory negligence
    • State of the art defense
    • Warnings and regulations
    • Experts
    • Ladder nomenclature and definitions
    • Ladder accident case checklists

    Table of Contents

    Part I: Safety Aspects
    Chapter 1: Ladder Selection
    Chapter 2: Ladder Design
    Chapter 3: Body Movement of Ladder Users
    Chapter 4: Ladder Use
    Chapter 5: Ladder Care
    Chapter 6: Ladder Safety
    Chapter 7: Workplace Ladder Use
    Chapter 8: Common Incident Patterns
    Chapter 9: Human Factors/Ergonomics and Safety Developments

    Part II: Legal Aspects
    Chapter 10: Theory of Liability
    Chapter 11: Proper Party Defendant
    Chapter 12: Design Defect
    Chapter 13: Manufacturing Defect
    Chapter 14: Better Alternative Available
    Chapter 15: Testing Prior to Sale
    Chapter 16: Misuse
    Chapter 17: Open and Obvious Danger
    Chapter 18: Visual Confusion
    Chapter 19: Proximate Cause
    Chapter 20: Presumptions
    Chapter 21: Contributory Negligence
    Chapter 22: State of the Art Defense
    Chapter 23: Warnings
    Chapter 24: Regulations
    Chapter 25: Limiting Factors
    Chapter 26: Experts
    Chapter 27: Conclusion to Legal Aspects

    Appendix A: Ladder Nomenclature and Definitions
    Appendix B: Ladder Incident: Characteristics of Ladder
    Appendix C: Ladder Incident: Characteristics of Incident and Environment
    Appendix D: Ladder Incident: Characteristics of User
    Appendix E: Occupational Safety and Health Administration: Stairways and Ladders, A Guide to OSHA Rules
    Appendix F: Code of Federal Regulations
    Appendix G: Checklist for Ladder Accident Cases

    Customer Reviews

    Based on 1 review
    Peter M. Farb
    Wisconsin Lawyer

    Ladders: Safety and Litigation is not a page turner that will keep you up at night, but that obviously was not the authors intent. The book is written in a uniformly dry manner that perhaps fits the subject. After all, how do you spice up a tome on a simple piece of equipment that has been in use for thousands of years? So what will the book do for you? It will give you some insight into all aspects of safety considerations and civil litigation involving ladders. The first third of the book covers safety, in chapters devoted to such topics as descriptions of the various types of ladders and their uses; the different materials used to make ladders; selection criteria for ladders for a given purpose; a rather basic introduction to human-factors analysis and ergonomics of ladder accidents; and so on. The remaining two-thirds of the book contains a general discussion of almost every aspect of ladder litigation. Because the book examines statutes and cases from several jurisdictions, it includes much material that is of little direct use to Wisconsin lawyers. The litigation portion of the book takes the reader through standard negligence law; products liability law, including design claims and manufacturing defects; contributory negligence; retention of experts; and other basic legal topics. The appendices are perhaps the most useful portion of the book. Appendices A through D identify ladder nomenclature and list characteristics of ladders, their users, and the environments in which ladders are used. Along with appendix G, these sections function as checklists that attorneys can use to make sure they have covered all the necessary bases. Appendices E and F set forth the OSHA rules and the relevant federal regulations, respectively. A reference section lists approximately 50 sources of additional information, such as publications and websites for the American Ladder Institute, the American National Standard Institute (ANSI), and similar organizations. I was disappointed by one glaring omission from the book. Although the authors cite and discuss numerous decisions, there is no table of authorities. Thus, if your interest is piqued by a particular decision, you best write down the cite or dog-ear the page. Otherwise you will have to skim the entire book to find the citation. Except for this deficiency, the book provides an excellent resource for busy trial lawyers.

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    Customer Reviews

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