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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 just stumbled across this information looking for parts also. I have the S2208 MK2 ladder as well that the hinge broke on me. I stumbled down around 3 feet and jammed my knee. I now have a ladder thats unusable and a sore knee. It appears that there are alot of people in the same situation. Werner needs to step up and solve this situation.
I too had no idea there was a class action or a settlement to receive a replacement ladder. The bottom hinge on my ladder S2208 Mk1 broke while putting the Christmas Tree up. I stumbled on this website after calling Werner’s customer service line 888-523-3370 to see if I could get a replacement hinge.
I was told by the customer service agent that ladder was from the “old” company that went bankrupt in 2006, this new company just took “the name” and they didn’t carry parts for it. He never mentioned anything about a class action lawsuit.
All I’d like is either a replacement or some discount on a replacement since this is obviously a manufacturing defect.
You can try contacting class counsel with your questions. Counsel is listed in this article and can be Googled for contact information.
I’m wondering if Werner used those same defective parts on the other ladders made during this time cause I had an aluminum ext ladder break in half on me, I was up 15ft as it tore and I fell to the ground breaking my left leg the ladder was a ,,,20 ft aluminum extension ladder number D1120-2 with a 200lb max weight manufactured in 2002 it broke July 2003 and due to this ladder breaking apart on me I now am a below knee amputee. No fun at all
i dont know about a Class Action suit, but I do know that I just was climbing down a “Heavy Duty” ((350-ish lb limiti) Werner ladder on Sunday when it broke. I fell to the landing, resulting in a compound fracture of my leg. Considering the lowes technician that came to inspect it for replacement, (which he has yet to do, and we have chosen not to let them dispose of it for us when they do replace), stated that it was pretty clear to him that it was a manufacturer defect.
I know Werner has some high paid attorneys, and thats probably a good thing for their sake. But having been to law school and practiced law for several years, a lot of dots must be connected for a successful lawsuit. However, from the beginning, this incident checks off more boxes this quickly in comparison to similar cases i have seen previously.
I was unaware of a class action lawsuit either. The bottom section of my attic broke, sending me sprawling flat on my back on the floor from about 3 feet. I was stunned and bruised but thankfully no broken bones.
I only learned of this settlement when I started looking for replacement hinge parts.
I guess I’ll still try to contact Werner and see if there’s any recourse. I’ve always thought Werner was a respectable company that made quality products. I guess I’ll find out!
Wow… I have a Werner 300 lbs S2208 Mk2 attic ladder that as i was going up one of the lower Pot metal hinges Snapped, Broke and i narrowly escaped injury. I too was looking for some sort of replacement parts when i stumbled onto this site.. My question now is.. Is there any recourse at this time for a replacement..
Thank you in advance
The same thing happened to me here recently. I have the same attic ladder as you do. I was looking for parts on the Internet and could not find any.
I have the exact same ladder (300lbs S2208 Mk2) and had the right hinge on the bottom section break ascending the ladder. I feel and am sore from the fall. Plus we now have no access to the attic and need to get up in there to replace a failed radon fan… I’m trying customer service but I’m not holding out a lot of hope at this point. Sounds like everyone who’s had an issue this late in the game (and never knew about the class action) may be out of luck…
We have the 2003 Werner model #S2210. Mk 1. The bottom half of the ladder broke off in 2006. We have had to put a ladder up next to the top section to be able to climb up to the attic..it has been dangerous for us all these years. We had NO IDEA of a class action suit involving our ladder. Please let us know if we can get help replacing or fixing our defective ladder 1.916.470.1137. Steve and Lynn Hansen
I just fell to the concrete floor from about 3 1/2′ when both hinges broke. First the one to my right, I shifted my weight to the left and then that one broke. I weigh 180#. I would at the very least like to be able to repair the ladder. Better would be a discounted replacement. 4/8/2018
I didn’t realize there was this class action suit. I have the S2208 Mk 2 and I have a broken zinc hinge. It wasn’t until I started looking for replacement parts that I found this lawsuit. It’s been broken for awhile, but I don’t get into the attic very often so I wasn’t terribly worried about it because I was able to work around the broke part.
Perhaps we should file another Class Action suite for those of us who purchased the faulty ladder even when LOWE’s and Werner knew that they were dangerous. I am not a lawyer but I am a pissed off consumer. The things that Werner has done to avoid responsibility should be against the law. Shame on those who settled just to get the $$$ and to hell with those who were never notified of a class action suit.
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