Does my friend have a case

He is 69 yrs old & was on an extension ladder in the clubhouse of the mobile home park where he lives. The ladder was alum. but had been rigged with additional wooden boards by bolts and it broke. We don't know who did that to the ladder. The ladder was not his, it had been in the storage room of the clubhouse and he used it because he could reach better, he was taking down Christmas decorations for the activities committee of the park. When he fell he hit his head , cut his earlobe badly which requied stitches and he was in ICU for 3 days for blood on the brain and will have to be followed up to see how that heals. He also had some other lacerations and bruises. The ladder was immediately thrown out by the park manager and she was overheard saying it was defective. We tried to find it the next day but couldn't . There were other people in the clubhouse when this happened who heard the manager make the statement about the faulty ladder. The manager told us today, when we asked about insurance, that she had filed an incident report to the corp. but no one has contacted my friend and he is starting to receive bills. They may be paid by his medical ins. but I don't think they should be responsible, I think the mobile home park should be. What would be the best action for this person to take, this all happened about Jan. 6th. We're thinking he needs a lawyer. - Is this your question? Add additional information
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Answers (2)

Wade William Poulson

Wade William Poulson

Contributor Level 4
Yes, your friend most likely does have a case against the property owners and/or managing company. It sounds to me like the ladder was stored by the property owners/managers for use in the clubhouse. The success of the case will likely depend on the amount of time the ladder was in the condition and whether it was readily available for use by your friend. It may also depend on whether your friend was an employee at the facility; there may be an exclusive remedy under workers' compensation laws. He should consult an attorney as soon as possible.
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Marc D McCain

Marc D McCain

Contributor Level 6
Your friend should immediately contact an Arizona attorney or Firm that handles personal injury cases. In short, the park and its manager owe a duty to use reasonable care in maintaining its equipment and to not provide defective or dangerous equipment to its residents. McCain & Bursh, PLC has been handling personal injury cases for over 10 years and has extensive exerience with this type of case.

www.mccain-bursh.com. www.marcmccain.com.
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