$3,000,000+ settlement in case of faulty scaffolding causing plaintiff catastrophic injuries preventing him working in the future
While utilizing scaffold at a job site, the scaffold guardrail failed due to a defective lock, causing Plaintiff to fall 12 feet. Plaintiff suffered catastrophic injuries which prevented him from ever returning to work and which necessitated extensive future medical care. Will Ferguson & Associates was hired to investigate the circumstances surrounding the scaffold’s failure and ultimately brought suit against the manufacturer and supplier of the faulty scaffold as well as against the general contractor for the job site.
Initial investigation revealed that no party involved bothered to preserve the faulty scaffold for subsequent inspection. Thus, in addition to bringing a products liability action, Will Ferguson & Associates also pursued a claim for spoliation of evidence. Spoliation is the disposition or destroying of evidence that is relevant to a potential lawsuit. Despite the missing scaffold, further investigation revealed that the scaffold at issue was negligently designed in such a way so as to increase the likelihood of a guardrail failure. Furthermore, the manufacturer of the scaffold utilized locks in its scaffold which never underwent quality assurance or quality control testing to ensure they were safe for use in the scaffold. As a result, Plaintiff suffered permanent and debilitating injuries when the scaffold failed and Will Ferguson & Associates was able to secure a favorable settlement for our client.