The plaintiff, a workman, purchased a new ladder at a local discount store. The ladder had a label stating it was "Duty Rating 225 Lbs." The plaintiff (well under 225 lbs.) set the ladder up to a storm drain. As he was progressing up the ladder with his tool box the third rung of the ladder collapsed and he fell to the ground sustaining serious head injuries. It was only the third time he had used the ladder.