Hello I am a private contractor and I injured myself when the step broke on an aluminium 4ft step ladder I was using broke and I fell though it. I am not insured and the ladder is out of warranty period. Is there any action I can take against the ladder manufactur for injury and loss of income?
Thanks Andrew
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Welcome to the Community @AHarris.
If it is a manufacturing defect then it may be covered by ACL rights?? You should really get some proper legal advice to find out. Here we provide opinion as most of us are not legally qualified to provide legal advice. ACL rights are not bound by Warranty periods, Warranties are in addition to your ACL rights, that is they do not limit ACL rights.
Even if not covered by ACL you may still have the ability to seek compensation for faulty goods and again this would require proper legal advice.
From the ACCC site:
“ Who is a consumer?
A person – or a business – will be considered a consumer if:
- they purchase goods or services that cost less than $100,000
- the goods or services cost more than $100,000, but they are of a kind ordinarily acquired for domestic, household or personal use or consumption
- the goods are a commercial road vehicle or trailer used primarily to transport goods on public roads.”
And
“ Businesses that sell goods guarantee that those goods:
- are of acceptable quality – the goods must be safe, lasting, have no faults, look acceptable and do all the things someone would normally expect them to do
- are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication), or the purpose for which the business said it would be fit for
- have been accurately described
- match any sample or demonstration model
- satisfy any express warranty
- have a clear title, unless you otherwise advise the consumer before the sale
- come with undisturbed possession, so no one has the right to take the goods away from or to prevent the consumer from using them
- are free from any hidden securities or charges
- have spare parts and repair facilities reasonably available for a reasonable period of time, unless the consumer is advised otherwise.”
Compensation beyond the cost of the goods is possible:
“ Compensation for damages & loss
Your customers can seek compensation for damages and losses they have suffered due to a problem with a product or service (in addition to any other remedy provided) if you could have reasonably foreseen the problem. In other words, customers can also recover losses that would probably result from your failure to meet a guarantee.
Damages include the cost caused to the consumer as a result of the problem with the product or service. This is usually financial, such as costs of repairing damaged carpets as a result of a faulty leaking washing machine, inspection and transportation. It can also include lost time or productivity.
You do not have to pay for damages or losses that:
- are not caused by your business or the goods you supplied
- relate to something independent of your business and outside your control, after the goods left your control.”
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Everything about this says “lots of money” (gained or lost). So advice from a lawyer, not randoms in a forum, would be the starting point.
It would help to have the original documentation that came with the ladder in order to confirm its weight limit and thereby confirm that the total weight of the person plus anything being carried at the time plus any other load on the ladder did not exceed the rated weight.
Another angle to explore is whether the person is actually a private contractor (sole trader? subcontractor? gig economy?) or is a de facto employee.
Regarding insurance, someone should have been paying Workcover (or such similar scheme as applies in your state or territory, unstated). One of the benefits of insurance is that the insurance company would spend years in court and zillions of dollars going after the retailer or the manufacturer, when that is appropriate.
Might want to confirm spelling of product name.
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That would be “Rhino”. They are cheap and not well made. I got one new , from Bunnies, where some of the rivets were not completed correctly and I had to replace them with bolts. Why did I not return it etc? Bunnies is a long way off and it was a gift.
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It’s worrying to be informed of your misfortune.
Assuming you sought medical assessment and treatment promptly. While not universal most GP’s, emergency out patients etc will ask if the injury is work related. This impacts on what they may collect or report in respect of your injury.
The recommendations of the previous posts re seeking professional legal advice can only be repeated. You can also contact your State or Territory Work Safety Office for advice and to report the incident. It’s difficult to comment further, other than to note it is mandatory to report certain types of accidents and or injuries. Your local Work Safety office staff should be able to assist.
P.S.
You also need to advise who ever you were working for at the time as the person responsible for the ‘work’ site/place you were on. That would include a private residence, unit block, footpath, etc.
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As indicated above, as it appears you are requesting advice to injuries within a workplace, this sits outside this forum, and you should seek independent advice.
Also, if the injury occurred within a workplace/while at work and were serious in nature, you may have obligations under your state’s workplace health and safety legislation to report such injuries to the relevant agency.
When it comes to equipment within a workplace causing injury, this sits outside the Australian Consumer Law and the circumstances relating to the injury needs investigation to determine what caused the injury. This includes investigation into work instructions, the equipment, inspection and maintenance requirements etc etc.
Unfortunately, you need to find the appropriate advice in relation to your own injury incident, and such can’t be obtained in the Choice Community.
Edit:
In relation to rhino ladders, there are domestic and industrial step ladders. A domestic ladder isn’t suitable for industrial/workplace environments…and using one is against the manufacturers recommendation…and voids any warranty. It isn’t known what type of ladder has been used and if the use is appropriate.
There are also load limits for ladders as well. We don’t know if load limits were exceeded.
Rhino also states that ladders use must follow
‘Care, Maintenance and Use directives under ASNZ 1892.5:2000 Portable Ladders - Selection, Safe Use & Care.’
It is not known if the use followed these requirements.
Ladders are also a high risk device in the workplace and in past employment there was specific training and work instructions on their use.
Being out of the manufacturers warranty for a high risk device also possibly means that there may be inspection and testing regimes required to ensure ongoing safety. In the same previous workplace, any damage to a ladder, such as scratches, dents or obvious cracks, the ladders were condemned and destroyed.
A workplace incident involving a ladder is serious and there are many reasons for a ladder with some age failed when used. This is why an investigation needs to be carried out to determine factor(s) which caused the incident. One of the first principles of investigating a safety incident should be not to make assumptions or jump to conclusions. All information needs to gathered and assessed before any conclusions can be drawn.
Proper advice is recommended, and the community is not the right place to request such advice.
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From the excerpts I posted from the ACCC the ACL does cover goods not to standard even if a business. Proper legal advice needs to be sought and we offer only personal opinion not qualified legal opinion here so it is imperative that proper advice is given by someone qualified to do so.
Whether they have Work Cover types of Insurance for Compensation if no employees is often the risk a sole trader takes if they choose to or not to cover themselves with personal injury insurance.
This also requires proper legal advice to determine the status of the contractor. Not something we can give definitive and legally correct opinion on.
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As this is a subject that requires proper legal advice to give a correct answer, the topic has been closed.
