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DEFENDANT’S Product Liability – Defective design of 24 foot aluminum extension ladder – Failure of fly locks – Fall from ladder – Arm fracture – Knee fracture with surgery.

U.S.D.C., Southern District of Florida

The plaintiff brought this product liability action against the defendant, Home Depot USA, Inc., after he fell from a 24 foot aluminum extension ladder. The plaintiff claimed that he bought the ladder from the defendant in a defective condition. The defendant denied that the plaintiff purchased the ladder at its store.

The plaintiff was a man in his late 30s at the time of the fall in ________. He testified that he bought the ladder in question from the defendant’s Home Depot store in Miami in ________. The plaintiff claimed he was using the ladder when it failed and caused him to fall to the ground. The plaintiff’s engineering expert opined that the fly locks of the ladder were defectively designed and caused the plaintiff’s fall.

The plaintiff was diagnosed with an arm fracture and fracture of the knee as a result of the fall. He underwent knee surgery to repair the fracture.

The defendant argued that the ladder at issue was made in ________ by a now-bankrupt company in Virginia. The Virginia manufacturer did not sell to retail outlets in Florida and the defendant maintained that it never carried that brand of ladders.

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