A couple in Iowa heard the good news yesterday that their verdict was affirmed. The 8th Circuit Court oversaw the case against Vulcan Ladders and the Chinese manufacturer they use. The Klingenberg’s bought the ladder back in 2018 when Jeffrey Klingenberg suffered a traumatic injury from using the product. While on the ladder, it collapsed. This cased Mr. Klingenberg to fall. The key decision-making factor in the trial was Klingenberg’s expert witness. The expert witness told the jury that the ladder could have been designed to be safer. If the company took the time to take safety into account, this wouldn’t have happened. The company claimed that the ladder met OSHA standards, and could support up to 300lbs. The judge concluded that this was not true. While the ladder itself was not defective, it failed to meet the standards it claimed to.
Vulcan argued that even the expert witness said that the ladder met the American National Standards Institute safety check. Since it met their standards, there was no breach on the warranty. However, the jury didn’t buy this. While it met the minimum standards, that doesn’t mean its not defective. At the end of the day, if Vulcan added retaining straps, it would have prevented the accident. The issue was Vulcans lack of attention to safety. Not the claims it met certain standards.
Harmed by a Sellers Negligence?
If you have been injured due to a manufacturer or sellers negligence, you need an experienced attorney to fight for you. Don’t settle for less than you deserve. Villarreal and Begum have experience battling these big manufacturers. If you have been injured due to a malfunctioning product, call the Texas Law Guns at our Office located in San Antonio or contact us online. The consultation is always free.