July 7, 2017 — A man from Florida was awarded nearly $5 million for injuries he suffered after falling off an allegedly defective ladder sold at Home Depot.
The lawsuit was filed against Home Depot and Tricam Industries, Inc., by a man from Broward County named Moises Ore.
Mr. Ore fell off a ladder while retrieving tires at his job as a regional sales manager at Tire Kingdom Warehouse, suffering permanent health problems that left him unable to work.
Lawyers say at least one rivet broke under normal conditions:
“The manufacturing defect in this ladder was ticking time bomb in the form of a misplaced rivet at the top of the ladder that was critical to the ladder’s function. The defect led to the fatigue fracture of a rivet where the hinge exists at the top of the ladder.”
The federal jury in Florida awarded Mr. Ore approximately $2.3 million for loss of income, $425,000 for medical bills, and $2 million for non-economic losses, for a total payout of $4,725,000.
The incident involved a Husky-brand ladder manufactured by Tricam Industries, Inc. — and it is not the first lawsuit or complaint about the ladders to the U.S. Consumer Product Safety Commission (CPSC).
According to another complaint from 2012 involving a 71 year-old man: “The method of using a rivet to hold a support arm is unsafe. Rivets don’t have the inherent physical strength to handle the support arm load.”
Lawyers accuse Tricam of manufacturing a defective ladder by punching holes in the wrong places in the fiberglass, misplacing rivets, and not inspecting the ladder before sending it to Home Depot.
The lawsuit was filed on February 4, 2014 in the U.S. District Court for the Southern District of Florida — In Re: Ore et al. v. Tricam Industries Inc. et al — Case No. 0:14-cv-60269.
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