Overview

Our clients were working as roofers on a residential home when the aluminum ladder they were using came into proximity with overhead electrical lines. Their foreman was pulling on the ladder’s cord to extend it upwards while our clients were holding the ladder with both hands.

Both men suffered extensive electrical burn injuries to their hands and forearms and had to undergo skin grafting, as well as physical and occupational therapy. Both also sustained significant emotional trauma.

We filed a negligence suit against the general contractor, the subcontractor who hired our clients’ employer, and the property owner, alleging that the defendants breached and violated OSHA code by failing to provide a safe workplace, failing to provide scaffolding or a lift, and failing to train the subcontractors and/or otherwise protect them from live electrical lines.

We alleged that the general contractor failed to adequately supervise and monitor the construction site, violating both its own internal safety policies and applicable industrial standards.

The defendants argued that our clients were comparatively negligent and mostly at fault for causing the accident because they erected a ladder near energized electrical lines and the danger was obvious. The general contractor further contested liability by virtue of OSHA finding no wrongdoing against it.

We supported our clients’ claims with the expert testimony of a biomechanical engineer, a construction management specialist, and an OSHA regulatory code expert. We also retained multiple medical experts, including: 

• A plastic surgeon who gave testimony on pain and suffering
• A second plastic surgeon who gave testimony on functional incapacities
• A psychologist who gave testimony on emotional distress/trauma
• A vocational rehabilitation specialist who verified the plaintiffs’ permanent and total disability statuses, and extrapolated all anticipated and necessary future lost-earning capacities

The case settled after one full day of mediation.