Man claims defective ladder caused fall, injuries
GALVESTON – A Harris County man says a defective ladder is to blame for injuries he apparently sustained two years ago.
Ray Alcorn claims Tricam Industries Inc. designed, manufactured and marketed the aforementioned ladder which reportedly fell from under him on June 20, 2009.
His suit against the consumer products company was filed June 17 in the Galveston Division of the Southern District of Texas.
Court papers show Alcorn was working on the side of his home at the time of the alleged incident.
"The plaintiff was standing on the ladder when it suddenly and without warning collapsed causing the plaintiff to fall and sustain serious bodily injuries," the original petition says.
It insists the fall occurred "under the load that was reasonable and within the represented specifications for the ladder."
"Despite the statements and/or representations that the ladder was safe for its intended use, it was not, and failed to provide its intended use to the plaintiff," the suit says.
Alcorn faults Tricam for failing to adequately warn foreseeable users about the inherent risks associated with the use of the ladder, in failing to use ordinary care in designing a safe ladder free of inherent dangers, failing to supervise and/or carry out inspections of the ladder and failing to use ordinary care in selling the ladder.
He consequently seeks a minimum of $75,000 in damages.
Attorneys John J. Smither and Donna Roth of Houston are representing the plaintiff, and U.S. District Judge Kenneth M. Hoyt is presiding over the case.
Case No. 3:11-cv-271