Updated 9/14/07
"THIS IS A VERY SERIOUS AND DOCUMENTED UNSAFE LADDER, BUYER BEWARE"
“This web site is my personal story of devastating injuries and, based on the facts I have uncovered, the nature and effects of these companies’ irresponsible behavior and disregard for human safety in the interest of profit.”
"Commissioner Nancy Nord "CPSC" Followed through today with her Promise to investigate"
Recent update:
Russ Radtke (Menards Chief Merchant) (715) 876 2331 (Direct line) Mr. Radtke stated to me that it is not Menards responsibly to report any accidents or safety concerns related to any merchandise they sell to the CPSC. Maybe Mr. Radtke should educate himself and listen more than he talks and look at the following links regarding what the CPSC requires from Retailers and manufacturers. Why aren't John Menard Junior and Larry Menards protecting their consumers? Mr. Radtke informed me (9/05/07) that Menards is not interested in the CPSC rules. Here is a quote from Julie Vallese with the CPSC (Consumer Product Safety Commission) regarding Mattel and other companies "It is when someone of decision-making status is made aware of a potential product hazard, they have the obligation to contact the commission within 24 hours," said CPSC spokesperson Julie Vallese. "Whether you're a big company or a little company, the same rules apply." Complete Story link: www.reuters.com/article/consumerproducts-SP/idUSN0442638820070904 Here is another link regarding Wal-Mart "On April 25, CPSC and DOJ announced that Wal-Mart had agreed to pay a $750,000 Civil Penalty for a "delay" in reporting the exercise equipment hazards." http://findarticles.com/p/articles/mi_m0HIJ/is_4_8/ai_113681051
I have also talked with Nancy Nord Commissioner of the CPSC and she has assured me that she was personally going to direct this to the appropriate parties. "I'll keep you posted if Ms. Nord Follows through with her promises "Here is a link to her BIO: http://www.cpsc.gov/cpscpub/bios/nord.html
Menards, Home Depot and Lowe's: Commissioner Nord, follwed through with her word and and I will work directly with their CPSC Investigator regarding the desing flaw in questions. I will help validate through documentation Werner's, Lowe's, Home Depot and Menards hide in seek attitude and hopefull get this unsafe product off the market and the CPSC will hopefully file charges for not reporting an unsafe product.
Make a stance today at Menards, Sams Club, Home Depot and Lowe's !!! Look for yourself and then nicely ask a Manager for assistance and demand thier views on product safety and consumer protection. "When looking at the ladder foot, point out the flaw to a manager and ask why they continue to sell this product knowing it can cause a catastrophic injury and listen to their response. Yes they have been notified of this problem, but since Werner is a name brand company and the profits outway their customer safety.
Werner/Keller do produce and use a safer foot design shown below and still mass-produce and sell the unsafe design on Fiberglass Extension Ladders sold through Lowe's, Menards and Sam's Club. "I have never seen the safer foot design ever ( the one they represent in their U.S. Patent on the ladder label) on any fiberglass extension ladders, but only on the less expensive ALUMINUM EXTENSION LADDERS." Safer Alternative Design from the manufactuer and Failure to Warn consumers are just two areas that the CPSC and the Courts evaluate from both the manufactuer and retailer when serious product accidents occur)
"It is to the public interest to discourage the marketing of products having defects that are a menace to the public. If such products nevertheless find their way into the market it is to the public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the manufacture of the product, is responsible for its reaching the market."
-- Judge Traynor,
Escola v. Coca Cola, 150 P.2d 436, 441 (Cal. 1944).
"Since Judge Traynor's opinion in Escola demanded manufacturers be responsible for their products which pose a harm to the public welfare, courts have used the theory of product liability in order to ensure manufacturers do not escape liability." (1)
"Manufacturers, importers, distributors, and retailers are required to report to CPSC under Section 15 (b) of the Consumer Product Safety Act (CPSA) within 24 hours of obtaining information which reasonably supports the conclusion that a product does not comply with a safety rule issued under the CPSA, or contains a defect which could create a substantial risk of injury to the public or presents an unreasonable risk of serious injury or death, 15 U.S.C. § 2064(b). The Recall Handbook will familiarize companies with their reporting requirements. The Commission's interpretive regulation Substantial Product Hazard Reports, 16 C.F.R. Part 1115 explains the company's obligations and the Commission's procedures."
"Please Read"
I established this web-site because " I KNOW FOR A FACT" and believe that many others have been hurt by Werner's / Keller Ladders Shu-Lok foot design that is unsafe and have I video and pictures showing it fail. I just haven't had my day in court as of today. The pictures shown below illustrate this unsafe ladder foot design. Please understand that I am not an attorney or any legal entity, but a victim. I purchased my Werner ladder from Home Depot for our home. I want the manufacturer (Werner) to re-evaluate their product design and change it to a safer design as their patented design represents, describes and they currently produce for another ladder. I would expect retailers likes Sam's Club, Home Depot, Menards and Lowe's to make a stance for consumer safety and Immediately Cease selling and marketing of Werner and Keller Ladders until they correct this design flaw. Werner self insured itself up to one million dollars for product claims and does that make any sense for a company that was ready to go Bankrupt and they did???
The Werner Compnay including their Officers, LOWE'S, SAMS CLUB, MENARDS AND HOME DEPOT were fully aware of Werner's unsafe ladder design including the past, present and ongoing personal injury claims against both Werner and themselves regarding this design flaw; Even though Werner can't even pay their own bills much less claims. Lowe's, Menards, Sams Club and Home Depot allowed Werner, a financially unstable company to self insure itself in regards to Product Liability claims up to One Million dollars. That is a bunch of crap if they can't pay their bills they sure as hell won't pay a valid claim. Do you really need proof (chapter 11) In the real world not many claims see over a million dollars!!!
If you have a Fiberglass Wener ladder ladder I would say look at the foot design and and see for yourself. I am a married father with two children. My oldest just turned Five ad my youngest is three. Walking is very painful and the quality of my life has been drastically changed. All my recreational hobbies I enjoyed before, I can't do! Home Depot stopped selling Werner Ladders! WHY?
In short: For Werner to stay in business they sold or Eliminated substantially all of their unneeded (Problematic) assets and Personal injury claims. They moved production of their ladders to Mexico, laid off hard working Americans, sticking suppliers with unpaid invoices and the hell with pending personal injury cases...
On March of 2004 I was repairing the trim on my house when standing on the ladder about 16 feet above the ground when the ladder abruptly
dropped down about an inch starting a chain of events leading to my injuries. I see it as cause and effect. In my opinion the cause of the ladder
kicking out was directly related to the initial drop at the Shu-Lok base causing the Shu-Lok to become dislodged and unsafely repositioned.
The effect was how the ladder unsafely without my control attempted to reposition itself. It is important to consider all factors and not just one by it self
to fully understand my concerns that lead to my horrific injuries.
The first would relate to basic physics in regard to equilibrium. Think of it as balancing a pencil on your finger and how weight position is vital. In
my case the higher I climbed up the ladder the equilibrium changed and causes more force to be displaced against the structure of my home and
pressure is dispersed differently at the Shu-Lok base. I believe the ladders initial drop followed immediately by a unsafe repositioned Shu-base
configuration combined with my weight distribution caused enough downwards force resulting in a KICK-OUT motion. This initiated the ladder to slide
away from my house with myself on it. As a result this ladder design can fail causing a person like myself or others to fall and become seriously injured.
In my situation it resulted in at least a 16-foot fall upon my concrete driveway, breaking both wrist and shattering my left kneecap into at
east five pieces.
On the day of the injury I was using my Werner fiberglass extension ladder utilizing the Shu-Lok ladder feet base pictured at the bottom and on the
following page (Accident Scene). In my opinion the ladder malfunctioned. It is also my Opinion the Manufacturer the Werner Ladder Company
was informed and aware of potential hazards of the Shu-Lok base foot design and the groves that the bolt could and will catch on. The pictures at
the bottom of the page will demonstrate the groves and the catching point that could result in serious injuries or even death to an unsuspecting victim.
The CPSC is aware of this hazard of the Werner/Keller Shu-Lok base and my question remains the same. How many injuries or deaths does it take
before reform becomes a reality?
I rejected Werner's offer 3 times for their lack of product safety concerns.
Werner's Senior Counsel David Stankovich on numerous occasions in April, May and June told me he has never herd of
any incidents similar to mine regarding the ladders Shu-Lok system or its bolts catching in the Shu-Lok groves or any injuries
resulting from this design. I was the first! According to e-mails and U.S. government documentation I do believe he was full
of (@X@X@X) with his statement. The U.S. Consumer Product Safety Commission (CPSC) reports to all manufactures regarding
complaints and injuries. I have documented complaints from the CPSC regarding inquires of the safety and merits of the product
in question.
The horrific issue at hand was why Werner's senior Counsel David Stankovich discounted the merits of my
accident even though the CPSC in 2003 reported to Werner regarding a Keller ladder with the Shu-Lok base
foot (For reference Werner owns Keller) a very similar accident as mine with similar problems including the
victims statement and pictures that could present questionable validity of the design in question.
We all know ladder safety and training is extremely important, but selling a accident waiting to happen
is outrageous.
Question the retailers such as: Lowe's (336-658-4000), Grainger (847-535-1000)
Sam's Club (888-746-7726) and Menards (715-876-5911) and ask them their view on (CSR)
Corporate Social Responsibility. Profits are nice but not when consumer safety is at risk!
Home Depot stopped selling Werner Ladders!
HERE ARE TWO BRAND NEW 11/2004 WERNER LADDERS BOTH USING THE SHU-LOK FOOT SYSTEM PICTURED BELOW.
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PLEASE NOTICE THE DIFFERENCE BETWEEN BOTH THE WERNER FIBERGLASS AND WERNER ALUMINUM EXTENSION LADDERS PICTURED ABOVE. (CURVED ARCH)
AREA OF CONCERN: NOTICE THE MILLED GROOVED SLOT ON BOTH LADDERS WHERE THE SHU-LOK FEET CAN PIVOT ON THE BOLT. I ASSUME THE SHU-LOK FEET ARE DESIGNED TO GLIDE UP AND DOWN ON THE BOLT DEPENDING ON THE ANGLE AND THIS IS WHERE THE DESIGN DOES HAVE A SERIOUS FLAW IN MY OPINION.
NOTICE THE ALUMINUM WERNER LADDER WITH ITS SMOOTH ARCHED/ CURVED SHU-LOK FEET THAT SHOULD ALLOW THE MOVING FOOT TO PIVOT WITHOUT A CATCH POINT. NOW LOOK AT THE DESIGN DIFFERENCE ON THE THE FIBERGLASS EXTENSION LADDER WITH THE SHU-LOK FEET. THE MILLING DIFFERS GREATLY BETWEEN THE TWO DESIGNS AND ALLOWS FOR A RESTING POINT OR NOTCH FOR THE BOLT TO HANG UP ON. I DO NOT SEE ANY BENEFITS, BUT ONLY HAZARDS ON THE FIBERGLASS DESIGN WHEN COMPARING BOTH STYLES. THE ALUMINUM DESIGNED FOOT SERVES THE SAME PURPOSE BUT APPEARS TO BE SAFER THROUGH DESIGN.
Here is a Louisville Extension ladder that has a preset manufactured bolt in the base foot setup. This design only allows the foot to pivot on the bolt avoiding catching in a notch or groove. (below)
Additional pictures can be seen at "accident pictures"
ON WERNER PICTURES BELOW NOTICE THE UNDEFINED ARCH WITH A LEDGE THAT CAN HOLD WEIGHT AS PICTURED BELOW. THIS IS NOT THE CASE WITH ALUMINUM LADDER. NOTICE THE ARCH AND BOLT POSITION AND LOCATION IN THE GROOVED LEDGE AND HOW IT CAN HOLD WEIGHT!! "WELL AT LEAST UNTIL YOUR WEIGHT SHIFTS IT OUT OF THE GROOVED NOTCH, CAUSING THE LADDER TO DROP DOWN AND LOOSE FOOTING RESULTING IN THE BASE FOOT KICKING OUT."
BELOW ARE ADDITIONAL PICTURES OF A WERNER FIBERGLASS MODEL THE ALUMINUM LADDERS TO MY KNOWLEDGE THROUGH DESIGN SHOULD NOT CATCH
NOTICE THE BOLTS RESTING POINT AND LOCATION IN GROOVED RIDGE
Notice the milled grooves in the shu-Lok ladder feet. This is what I believe caused the ladder to fail and fall. The bolt going through the milled groves can catch on top and within a grove holding the ladder in a incorrect position until your weight shifts it out of the groove causing the ladder to drop approximately an inch down causing instability. The downward force and pressure is what I believe resulted in the ladder sliding out causing myself bodily harm.
WERNER
Or Louisville Ladders?
This web site probably would not be here if I used a Louisville!!!
I'm certain that many of you have faced similar reactions from a manufacturer and I would like to hear your story. I need your help to find others that have been injured on this type of ladder!
WERNER'S RESTRUCTURING INFORMATION "PLEASE READ"
Greenville, PA., June 11, 2007 Werner announced today that the sale of substantially all of its assets to a group of the company's investors was completed. This sale transaction, approved by the United States Bankruptcy Court for the District of Delaware on April 25, 2007, allows Werner's ladder business to successfully emerge from bankruptcy and continue its operational turnaround.
The new Werner company is now owned by a group of investors including Black Diamond Capital Management LLC, Brencourt Advisors LLC, Levine Leichtman Capital Partners III, L.P., Milk Street Investors LLC, Schultze Asset Management LLC, and TCW Shared Opportunity Funds.
James J. Loughlin, Jr., Werner's interim Chief Executive Officer, said, "We are very pleased that this transaction has closed and Werner will successfully emerge from bankruptcy. The new Werner will continue to operate its business of making and selling the countrys best ladders. We have substantially reduced our debt as over $300 million of liabilities have been extinguished. Werner will benefit from improved liquidity that will allow the company to serve its customers, complete its operational restructuring and continue to improve sales and profitability."
Loughlin added, "Werner is well positioned for future success. We have reduced our operating costs while continuing to improve and expand our product offerings and we are well on our way to becoming the most profitable ladder manufacturer. The companys new products continue to win awards for innovation while serving unfilled needs in the climbing product marketplace. The management and employees of Werner are committed to serving our customers and teaming with our suppliers and other business partners to remain the leader in each of our product segments." (2)
The Werner Compnay including their Officers, LOWE'S, SAMS CLUB, MENARDS AND HOME DEPOT were fully aware of Werner's unsafe ladder design and the past, present and ongoing personal injury claims against both Werner and themselves. Even though Werner can't even pay their own bills less claims. Lowe's, Menards, Sams Club and Home Depot allowed Werner, a financially unstable company to self insure itself in regards to Product Liability claims up to One Million dollars. That is a bunch of crap if they can't pay their bills they sure as hell won't pay a valid claim. Do you really need proof (chapter 11) In the real world not many claims see over a million dollars!!!
Cause and effect is the best way I can put it: The Cause: They knowingly produced a documented unsafe product, promoted and sold it as one of the safest product in the industry. This promoting was fueled with the help of Lowe's, Menards, Sams Club and Home Depot with no research or care given to the CPSC, Customer accident reports and direct corespondence to these companies. In fact I have Documentation that these and other retailers were contacted about the below listed safety concerns shown in the pictures!!! Even today just over three years from accident many retailers still promote this unsafe ladder and ignore any safety concerns. Effect: It has physically and financially altered my life. These reatilers are just like a Spider and its Webb, waiting on their next victim to suck the blood out of and move on to their next victim!!!
In my opinion it is ridiculous that the courts allowed the Werner Ladder CO. or The New Werner Company the ability to continue to sell their unsafe ladders to uniformed non-suspecting consumers. The horrific part is Menards, Sams Club, Home Depot and Lowe's are very familiar with this unsafe ladder foot design and the catastrophic injuries that can and will occur with its use. These companies blatantly choose profits over safety, but Home Depot no longer sells the Werner Brand. WHY? I was told because of the shear number of Werner ladder claims!!!
Werner temporally manipulated the system in their favor to avoid the fiduciary responsibility to their victims of this horrific design. I think it is time to push the envelope with your employers, insurance companies, friends, family and co-workers to make a stance. The stance has to be powerful and meaningful enough to show Werner and their retailers the importance of (CSR) Corporate Social Responsibility and profits. I will be working with others to establish a national media campaign coupled with boycotts of Lowe's, Menards and Sams Clubs with Graphic pictures of injuries, handouts and literature presented by victims with their families and other supporters. I have over fifteen thousand contacts and supporters that will converge on specific stores listed above in random order to educate and inform the future victim they call patrons.
This is only intended to inform patrons of these stores regarding inadequate product safety policies regarding the sale of Documented Unsafe Products and their lack of concern for their consumers. Consumer safety should always be above profits, especially when we are talking about life altering catastrophic injuries, not just a paper cut.
Per Menards: Why is it better that I submit my complaint in writing?
Menards, INC. 715-876-2600
Just ask a victim how helpful Menards, Home Depot, Sams or Lowe's is or was when dealing with Werner Pre, during and Post Bankruptcy??? They just pass the buck and cover their own ass! Yes, they are aware of Werner's unstable self insured policy, but they believe this is Werner's problem not theirs. All retailers should be accountable for the products they profit from. This is why they require vendor insurance. Now, Lowe's promotes being in business for more 60 years and is so proud of their notable distinctions, but once again they could care less about your safety and I have the documentation to prove it. It is all about profits and not the safety of their loyal consumers. Who lets an unstable company be self insured for a million dollars when they are ready to go belly side up as in bankruptcy? Did Lowe's change Werner's self insurance policy while Werner was in bankruptcy? I think not!!!
Lowe's has been helping our customers improve the places they call home (mine was almost a morgue) for more than 60 years. In 2005, Lowe's earned several notable industry distinctions, including:
Lowe's Public Relations
Sincerely, Alan Cardozo
Please e-mail at:
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PUBLIC SERVICE/GOVERNMENTAL SITESFedstats: Federal Statistics PRODUCT SAFETYASTM Standards MISCELLANEOUS SAFETY LINKSAmerican Society of Safety Engineers
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(1) By: IRA H. LEESFIELD (2) Important Legal Information
The Werner Co. ("Werner") internet Web site (the "Werner Website") is sponsored by Werner and offers general information about Werner, its products and services and other information of general interest. Access to and use of the Werner Website are subject to the terms and conditions set forth in this notice and all applicable laws and regulations (including laws and regulations governing copyrights and trademarks).
The materials on the Werner Website are Copyright 1999-2005 Werner Co. All rights reserved. Permission to use, copy and distribute information from the Werner Website is given subject to the following conditions:
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Please note that any product, process or technology described in these materials may be the subject of other intellectual property rights reserved by Werner and not licensed hereunder. Werner and the Werner logo are trademarks of Werner Co. All product names mentioned herein are the trademarks of their respective owners.
THE INFORMATION CONTAINED ON THE WERNER WEBSITE IS PROVIDED TO YOU "AS-IS," FOR YOUR INFORMATIONAL PURPOSES ONLY, WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The information on the Werner Website could contain technical inaccuracies or typographical errors and information will be changed, deleted or updated without notice. Werner may make changes to or improvements in the products and services described on the Werner Website at any time.
Additionally, Werner makes no representations or warranties whatsoever about any other Website which you may choose to access through the Werner Website. Links provided by Werner to such Websites are provided solely for your convenience and should not be deemed to imply that Werner endorses those Websites or their content. IN NO EVENT WILL WERNER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER TYPES OF CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, EVEN IF WERNER IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
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The Werner Website may contain other proprietary notices and conditions of use, the terms of which must also be observed and followed.
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This privacy policy statement applies only to the information collected online at wernerladder.com. Any information gathered on the Werner Website will be used by Werner internally. Werner recognizes the importance of protecting the privacy of information provided by users of our website. This privacy policy is subject to revision at any time at Werners sole discretion. You should check back every time you visit the website to review the current version of the policy.
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We will not sell or distribute user information to outside third parties. Except as may be required by law or legal process, Werner will not reveal to any third party any personal information that users provide to Werner without the permission of the users. Using e-mail addresses provided at registration or otherwise, Werner may send out promotional materials to our users about services or product offerings. Users can indicate that they do not wish to receive e-mail information from Werner. Upon request, Werner will remove users (and their information) from our database or permit them to "opt-out" of any further e-mail communications or contact.
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This website is not intended for children under the age of 13. Any information submitted through the "Contact Us" or "ProZone" pages that we know or reasonably believe originated from a child under 13 years of age will be deleted. Children should never reveal their addresses, phone numbers or other personally identifying information to any strangers on the Internet. Parents or guardians may request the deletion of user information by contacting Werner on this website or at the address below.
General
Werner is not responsible for the content or the privacy policies of websites to which it may provide links or the websites of its advertisers or customers. If you have any questions about this privacy statement, the practices of this website or your dealings with Werner, please feel free to contact us at the following address:
Werner Co. 93 Werner Rd. Greenville, PA 16125 (724) 588-2000
or at the following e-mail address: http://www.wernerladder.com/about/contact.php
“This website is my personal story of devastating injuries and, based on the facts I have uncovered, the nature and effects of these companies’ irresponsible behavior and disregard for human safety in the interest of profit.”
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