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Ladder Case Settlement $350,000

After surviving summary judgment and participating in mediation, we recently settled a case involving a ladder accident for $350,000.

The Case

As is common with mediation settlements, there is a confidentially provision that limits what we can say about the case, but here is what we can say:

The liability in this case was hotly disputed from the beginning. Our client was injured in 2018 when a ladder provided to him for a commercial repair project slipped out from under him due to worn down “feet” at the base of the ladder that failed to provide sufficient traction.

There were no witnesses to the accident, the defendant denied giving our client the ladder, said our client could have used his own ladder which was on his truck, and claimed it was our client’s own fault the ladder slipped.

As a result of the accident, our client sustained serious spinal injuries requiring emergency surgery.

How Burger Law Won the Case

Our lawsuit alleged three different theories of recovery: general negligence, premises liability, and negligent supply of a dangerous instrumentality.

The defendant filed a Motion for Summary judgment on all counts, trying to get our case completely dismissed.

They succeeded on dismissing the premises liability count based on the “independent contractor doctrine” which is a defense to premises liability claims. See Matteuzzi v. Columbus P’ship, L.P., 866 S.W.2d 128 (Mo. 1993). This holds that when an independent contractor comes on the property and takes control of work, they cannot sue for a dangerous condition.

We did not think it squarely applied here, but had other claims too. We successfully defeated summary judgment on the other two counts and continued on.

Ladder cases are tough, and even with the best facts, there is almost always some comparative fault on the person who fell. Because of this, the defendant never made any offer whatsoever until the mediation despite our client’s serious injuries.

We were incredibly pleased with the $350,000 result that we obtained, and defense counsel even said, “I think this is one that we paid more than it was worth” and that no money was left on the table.


St. Louis Personal Injury Lawyer | Burger Law

Have you been hurt in what seems to be a difficult personal injury case? Burger Law can help. Gary Burger and the legal team at Burger Law have a proven record of fighting for those who need an advocate and obtaining settlements for those who need and deserve them. Speak to us for free to find out how we can help you with your personal injury case today. Reach us by calling 314-542-2222 or filling out this form today.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

Hurt? Hire Us Today or call (314) 500-HURT

We Deliver Great Results

Over $170 Million won for our clients


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Common Questions & Answers

Frequently Asked Questions

The success of your personal injury claim depends on many factors and a lot goes into determining the value of your case. Get a better understanding of what to expect and what you can do through our answers to some of the most common questions we hear from injury victims and their families.

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How To Choose The Right Personal Injury Lawyer For Me

How do you determine which personal injury lawyer is right for you? As you've undoubtedly heard the disclaimer at the end of TV and radio commercials for law firms: the choice of a lawyer is important and should not be based solely upon advertisements. The key is to speak with the lawyer and de …

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How Long Do I Have to File a Personal Injury Claim?

Do you know how long you have to file a personal injury claim? Or when the best time is to file one? Is it better to do it immediately after your accident or to wait until you know how significantly your injuries have affected your life? These are just the beginning of the string of questions t …

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When to Hire a Personal Injury Lawyer

When To Hire a Personal Injury Lawyer. Accidents and injuries are always unexpected, and it can be hard to know what to do in the aftermath, and how to go about getting compensation for your property damage, medical bills, lost wages and pain and suffering. Burger Law knows how to handle cases and …

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