I Fell 6-7 Feet Off a Rope Ladder Hung on Rotten Wood...

by Karen
(Pensacola, FL)

I fell approximately 6-7 feet to the ground and landed on my left shoulder. After lying on the ground for about a minute, I tried to get up using my arms. I had to make more use of my legs to get me up.

I felt instant pain in my left shoulder, the one I landed on, but the pain in my right shoulder was horrible. I sat for a while but the pain was too intense. I headed to the hospital. X-rays didn't show a break and a shot of morphine wasn't much help.

As the days and months went by, I was in horrible pain. An MRI showed a bad case of tendonitis, but not much more. I was suffering too much for this to be the case. After my 4th visit to my Orthopedic doctor I begged him for help. He did surgery and found a severely torn rotator cuff, torn bicep muscle, and torn triceps muscle. My shoulder was a mess.

I'm still recovering from the surgery. My left arm, the one I landed on, has a torn rotator cuff and torn bicep. They can't repair that until my right arm is fully mobile.

The rope ladder I fell from turned out to be hanging up by rotten wood. The swing set system it was attached to had not been treated, and it was completely rotten. It broke in half while I was at the top, and tossed me to the ground like a rag doll. I've been having horrible pain in my shoulders since.

I can't afford my medical bills and lost my second job because of the heavy lifting involved. I still have my full time job, but it's challenging now since I'm a secretary and using my right arm is extremely painful. Still, I am managing to do it, and working hard on getting my arm back to normal again.

Please let me know if my case is worth pursuing. I am angry that I'm in this situation now, and it's not fair that I've lost so much because of someone else's negligence. It's anticipated that it may take a year or more for me to fully, if possible, recover from my injuries to my shoulders. I also experience back pain from the fall, but steroid injections have helped me.

Thank you for your advice.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "I Fell 6-7 Feet Off a Rope Ladder Hung on Rotten Wood...":

Unfortunately, there is not enough information to assess your case.

For example, was the swing-set on private or public property? Were there any signs warning of danger? And perhaps most importantly, was there a weight requirement? You are obviously an adult, so the first inquiry would necessarily be what you were doing on a swing set?

Assuming someone is liable for your fall, a likely defense would be that you exceeded the weight capacity or that you were using the swing set in a manner that was not anticipated.

Please provide more detail about the location of the rope ladder, warning notices, etc. and hopefully we can be of more assistance.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Comments for I Fell 6-7 Feet Off a Rope Ladder Hung on Rotten Wood...

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Yes you have a claim
by: Anonymous

Yes you have a claim. I am an expert witness in falls and I can think of several theories for liability just based on your short version.

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