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Borrowing a tool, such as a ladder, may come with some risk. Should an injury occur caused by a faulty ladder, either as a result of poor maintenance on the part of the owner of the ladder, and/or poor manufacture, the injured party may have a legal case against the manufacturer, the owner or both.

In the above example, owner's negligence would arise from either:

• Failure to maintain the ladder, or creating a condition which may result in injury or damage to someone else's property, or
• Knowledge of the hazard and a deliberate refusal to eliminate the hazard, to create a barrier to the hazard, or to warn someone of the hazard.

"Caused by" are the key words. For the ladder's owner to "cause" the accident, and therefore, possibly have liability, the owner would have to "knowingly" lend, or authorize the use of, a faulty or defective ladder. 

Should the borrower fall, or sustain an injury, as a result of poor positioning of the ladder, using the ladder in a way for which it was not designed, and/or failure to heed warning labels on the ladder, the owner of the ladder and/or the manufacturer  would probably not be liable for the injury. 

The manufacturer's liability according to Florida statute S768.81(1d) Comparative Fault is a "Products Liability Action":

“Products liability action” means a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product. The substance of an action, not the conclusory terms used by a party, determines whether an action is a products liability action.

"If you, or someone you know, has suffered an injury, or death, as the result of a faulty tool, please see a personal injury attorney with experience handling these type of cases", says Naples Product Liability Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Naples Defective Product Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.