Defective Ladder Collapse — Contractor & Bystander Claims

Hanson Hardware is a small-town hardware store that sells ladders, tools, and construction supplies. In January, Hanson received a shipment of Model X-20 extension ladders from LadderCo, a national manufacturer. Within the first month, Hanson received one customer complaint that a Model X-20 rung had cracked during use, though no injury resulted. Hanson's manager, Davis, read the complaint, noted it in the store's product log, and continued selling the remaining Model X-20 ladders without further investigation or warning.

On March 5, Contractor Paul Rivera purchased a Model X-20 extension ladder from Hanson Hardware for use on a residential renovation project. Rivera used the ladder on March 8 at a two-story jobsite. While Rivera was standing on the ladder at approximately twelve feet, the third rung from the top fractured, causing the ladder to buckle. Rivera fell and suffered a broken arm, three cracked ribs, and a concussion requiring two days of hospitalization.

At the time of Rivera's fall, Tom Chen, a delivery driver for an unrelated courier service, was walking past the jobsite entrance carrying a package. Debris from the collapsing ladder — a section of aluminum railing and a loose bracket — flew outward and struck Chen in the shoulder, causing a torn rotator cuff that required surgery.

Rivera had used the ladder exactly as specified in LadderCo's instructions and had inspected it visually before climbing. An engineering expert later determined that the Model X-20 had a design defect: the alloy used for the rungs was prone to fatigue cracking under repeated loading cycles, and a reasonable alternative design using a different alloy would have prevented the failure at minimal additional cost. The expert also found that Hanson's failure to pull the product after the initial complaint allowed the defective ladder to reach Rivera.

State X follows a pure comparative fault regime. State X has adopted the Restatement (Third) of Torts: Products Liability framework for products liability claims.