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This settlement is closed!
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Werner Co. has agreed to settle a class action lawsuit involving allegations that it made and marketed steel attic ladders with defective parts. If you currently own a steel “Easy Access Attic Ladder” in model numbers S2208 and S2210, Marks 1, 2, 3 or 4, you may be eligible to receive a new Werner wood or aluminum attic ladder from the class action settlement.
Who’s Eligible
Class Members of the Werner attic ladder class action settlement include all individuals or entities in the United States who currently own a Werner Model S2208 or S2210 steel attic ladder designated as Marks 1, 2, 3 or 4.
Potential Award
Free Werner wood or aluminum attic ladder
Proof of Purchase
Required. You must submit a receipt or other proof of purchase showing you purchased a Werner S2208 or S2210 attic ladder with a date of purchase between September 2003 and September 2005; OR the label affixed to the inside portion of the wooden door of my Werner S2208 or S2210 attic ladder. The label must show “Mk 1,” “Mk 2,” “Mk 3,” or “Mk 4” immediately below “S2208” or “S2210.”
Claim Form Deadline
1/21/2014
Case Name
Lloyd Clemans, et al. v. New Werner Co., et al., Case No. 3:12-cv-05186, in the U.S. District Court for the Western District of Washington
Case Summary
If approved, the Werner attic ladder settlement will resolve a class action lawsuit (Clemans v. New Werner Co.) that alleges Werner made and marketed a steel “Easy Access Attic Ladder” with defective zinc hinges that are prone to breaking and shearing while the ladders are being used.
Werner has denied the allegations but agreed to settle the class action lawsuit to avoid the expense and risk of trial.
Final Hearing
11/22/2013
Settlement Website
Claims Administrator
Clemans v. New Werner Co. Settlement Administrator
c/o Kurtzman Carson Consultants
P.O. Box 43171
Providence, RI 02940-3171
1-855-291-2124
Class Counsel
Frank L. Watson III, Esq.
William F. Burns, Esq.
WATSON BURNS PLLC
Paul C. Peel, Esq.
FARRIS BOBANGO PLC
Kim D. Stephens, Esq.
Mary B. Reiten
TOUSLEY BRAIN STEPHENS PLLC
Steward D. Matthews Esq.
S.D. MATTHEWS & ASSOCIATES
Defense Counsel
Fred Burnside
DAVIS WRIGHT TREMAINE LLP
Christopher M. Murphy
MCDERMOTT WILL & EMERY
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64 thoughts onWerner Attic Ladder Class Action Settlement
I called the 1-888-523-3370 number on my S2208 Mk 3 Werner ladder today to report a broken hinge and to inquire about a safety recall on this ladder I purchased and installed in 2005. The Werner representative informed me that my ladder is outdated, there was no safety recall, the old Werner company is not the new Werner company, and there was a class action lawsuit that has been settled…sorry no-soup-for-you.
I then explained that I was concerned because I had fallen from the ladder when the hinge broke. “Oh you fell? We have a different process for those who have fallen.” After taking my information and the details of the ladder fail and my fall, I was told that I would receive a $50 gift certificate toward a replacement purchase….WHAT?!?!?!?!
As a professional engineer, I understand safety factors, stress concentrations, crack propagation, material properties, and QA/QC programs. From that perspective and in light of all the other failures you can read about, this was a complete failure. Not to mention the fact that a ladder is by definition safety equipment and that catastrophic failure of safety equipment being used as intended should be responded to with a great sense of urgency and responsibility by the manufacturer. According to the information on this site, a 2-month period for consumers to find out about the lawsuit and file a claim is wholly inadequate.
My report card for Werner:
Engineering Design: F
Manufacturing Quality: F
Professional Responsibility: F
By-the-way, I’d like to see the financial distribution on the lawsuit settlement…Werner probably gave these guys a very nice return in exchange for such a short period in which to file the claim. I’m willing to bet that the lawyers made $10 to every $1 the consumers saw. Any takers?
My ladder also just broke while climbing down. I weigh 135 so I am well under the 300lb weight limit. I did fall but don’t think I broke anything. Never heard anything about the defective ladders or a lawsuit. I’m wondering who else out there has one of these ladders that will be breaking soon? I’m lucky I wasn’t hurt badly but what about the next person? How was this lawsuit advertised? lastly, I noticed the award was another werner ladder. Why the hell would anyone want another death trap from this company as a reward??????
Well, like so many of the comments in this thread, the lower right Zinc hinge broke today and the visitor was not hurt but had quite a tumble. I feel what so many have expressed…I had no idea about the lawsuit, it was a terribly short period of time to sort this out with existing owners of these ladders, and it looks like there are not replacement parts because the company was bought out over 2-3 yrs ago.
I guess for peace of mind I will purchase a more robust ladder and double check that the
hinges on it are better than the ones on this one. There is a Werner aluminum ladder that is
an upgrade from this older version…and maybe with the “new” Werner ownership the quality and safety has significantly improved. Here in Canada, Home Depot sells them for
just under $400…15% tax not included. Food for thought as I am still processing what just happened this morning with the visitor and how the outcome could have been considerably worse. Gosh! What a scare!
Unfortunately my ladder hinge broke today putting boxes in the attic. It’s sad to see the recall period was limited, I would have hoped Werner kept this open indefinitely as a show of good will. Replacement costs are relatively cheap compared to reports of customers falling and breaking bones. My replacement attic ladder will not be manufactured by Werner.
Mine just snapped today as well. Right at the lower left-hand hinge. I had no idea about the lawsuit. Dammit
My ladder broke today as I was coming back down. Thankfully I didn’t break anything. My elbow is sore. What concerns me is I never heard of this lawsuit. Was there never a recall? I about FN killed myself this morning. If Werner is any kind of stand up company they need to issue a recall on all these ladders. I’ll throw every werner ladder I have out, including the ones on all my service trucks. FU werner I’ll never purchase your crap again.
Mine broke today as well. We should have been notified of this. Purchased at Lowes and unable to locate receipt. Ladder broke at lower hinge while climbing down, good thing I did not fall. Sticker indicating Model S2208, MK3 is on label stuck to wood however unable to peel off of the wood.
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I had the same thing happen to me. The left side just sheared in half right at the lower hindge. I have a S2208 mk2 model. When I called Werner, they stated that they no longer made parts for that model and that the company was bought out a few years ago. I asked if their was a manufacturer recall and he said he didn’t know. When I looked to see the estimated cost to replace the whole ladder, it’s $600 (materials plus labor). This is crazy. Has anyone tied reaching out to the lawyers?
The settlement website is no longer active, but class counsel is listed in this article and can be Googled for contact information.
I have two of the ladders that you all are talking about: S2210, MK2 and would like to know how I can get some help/assistance in repair or exchange?
I own two of the S2208 MK2 300 lb capacity attic Stair System in the house…
Both of the lower hinges broke in half after going up 4 ft to retrieve Christmas Ornaments.
I called Werner and someone from the Philippines. He then stated ALL settlements are settled
and I would have to replace this unit on my own since the company that manufactured these unit
are no longer in business and parts are not available. I ask who manufactured the stairs…
His reply was “Werner”. I asked are you not Werner… he said yes… I then said you’re in business
so why portray your company as being out of business… he said He did not want to replace any
additional units.
I would NEVER purchase any product from Werner ever again…
I recomend ANYONE looking for an Attic Stair System – STAY AWAY FROM WERNER
TECH SUPPORT IS FROM THE PHILIPINES – RESPONSES ARE FROM A SCRIPT…..
Just found out about this while searching for replacement hinges for my ladder. Would have been upset about getting the wood replacement as well but even worse. I found out too late to get anything.
I just bought a house that has a Werner S2210 MK2 attic ladder installed. It was nailed shut by previous owner with no indication as to why. I just pulled the nails out and the ladder will not close all the way, got about a 1/2 inch gap around the front. Looked on internet to see how to fix, and found this site. Any suggestions would be great.
I had also purchased the 300 lb. rated WernerS2210 ladder which actually broke as I was coming down out of my attic. I was very lucky I was able to hang on the side rail and didn’t fall to the ground. I was so disappointed with the 250 lb. capacity wood replacement ladder that I put it back in the box and purchased a larger 300 lb. capacity ladder at the local hardware store for $215.00. I would have thought Werner would at least match the load capacity rating of the ladders they were replacing in the lawsuit. In my opinion they did not honor or back their product and left us with a cheap replacement. I am very disapointed in the Werner Co. and will look elsewhere to purchase similar products in the future.
Can anyone help me . I got the replacement wooden ladder but I am still not happy, it is not the same ladder I purchased.
I purchased two of these ladders when I moved to my new home back in 2005. One broke within a year. I contacted werner and received no response. Months later tried the web site to see if replacment hinges were available. I used a step ladder to get me to the second section of the ladder. A few months later the second ladder broke, then a few months later the first ladder broke again at the second hinge section. Tried several times to contact werner and was ignored. Now I am about to sell my house and have no choice but to fix or replace them both. I just found out about the class action, but all the web sites are now down and phone number is disconnected. Does anybody have any other contact info?
Thanks!
My steel ladder broke last month. I emailed Werner and was not even given the courtesy of a reply. After researching the product on line and discovering how cheaply the hinges were made I called the toll free number on my ladder and was told the deadline was past so I was SOL. They “graciously” offered a $50 Home Depot gift certificate for the purchase of another Werner product. I refused their token offer and they upped it to a whopping $100.00 for purchase of another Werner ladder. I have no use for another Werner product so I again refused their offer. To cry “its the other guys fault” is a cowardly way to deny responsibility. I will be purchasing a ladder from a different manufacturer. I am also going to inform anyone who sells Werner branded ladders what an irresponsible company they are displaying in their stores.