Ladder falls: why they're treated differently

How ladder falls actually happen

In practice they cluster into a handful of patterns, and the pattern tells you who is likely responsible.

• The base kicks out — usually too shallow an angle, or set on soft ground, gravel, or a wet surface
• The top slides sideways because the ladder wasn't tied off or the roof edge wasn't secured
• The ladder doesn't extend far enough past the roofline, so the transfer on or off is unstable
• A rung, rail, lock, or spreader fails structurally
• A defect that was already known — a bent rail, a cracked foot, a missing rubber shoe — on a ladder that stayed in service anyway
• Someone else moves or bumps the ladder while it's occupied

Supplied equipment changes who's responsible

If the ladder belonged to your employer, a general contractor, a rental company, or the property owner, the duty to supply equipment in safe working condition sits with them. A ladder kept in service with a known defect is a straightforward negligence case, and rental companies in particular keep inspection and maintenance records that can be obtained.

Preserve the ladder

This is the part people get wrong. A photograph of a ladder is not the same as the ladder. An engineer examining the actual failed rung can determine whether it fatigued over time, was overloaded, or was already cracked — and none of that is recoverable from a picture.