Articles

In this webinar video, Animal Scientist, Dr. Tim Potter discusses the standard of care for animal containment as it pertains to vehicle crash events. His discussion covers relevant aspects of animal behavior—particularly horses, cattle, and other livestock—the management of fencing and enclosures at facilities such as farms and ranches, and the issues commonly addressed during the forensic investigation of animal/vehicle collision incidents.

Confined space working conditions have certain inherent risks and specific requirements for worker safety. To the uninformed, the hazards can be subtle, often invisible and misunderstood, but potentially deadly. When investigating confined space fatalities, it is necessary to understand the specific hazards in that environment, the operating procedures that were in place at the time of the incident, and the hazard recognition/mitigation process that was followed.

In this article, Certified Industrial Hygienist and Certified Safety Professional, David Breitigam discusses some of the information that attorneys and insurance professionals should understand when involved in these cases.

Temperature controls can factor into litigation in a variety of cases including the loss of perishable goods, lost product in manufacturing or processing facilities, fire damage, or personal injury matters involving scalds and burns. In this article, Electrical Engineer, Kenneth J. Kutchek, P.E. and Mechanical Engineer, René Basulto, P.E. provide an introduction to temperature control as it relates to expert witness investigations.

Their discussion includes an overview of temperature control systems, the major components, and potential failures.

Elevator overspeed incidents are among the elevator malfunctions that appear in our forensic casework. The sudden and unexpected acceleration of an elevator beyond the accepted contract speed, followed by an abrupt stop, can result in serious injuries for passengers.

In this article, Elevator & Escalator Expert Dennis Olson explains the purpose and function of an overspeed governor and the maintenance policies and procedures which should be followed to ensure safety.

The root cause analysis in many structural failure investigations leads directly to a failed connection, and ultimately to a failed fastener. The failure of a connection often leaves a structure vulnerable to global failure or collapse due to load path discontinuities, rendering the structure unstable and incapable of withstanding the intended loads or forces or even supporting its own weight safely. In many cases, the root cause for the failure is that an improper fastener was used.

In this article, structural engineer Mark Duckett focuses on the standard of care for fastener selection as it relates to structural failures. In doing so, he will introduce critical technical concepts including types of loads, material characteristics (fastener and base material), and application-specific choices regarding fasteners.

In this article, Mechanical Engineer & Biomechanics Expert, Dr. Carolyne Albert explains the ways in which brain hypoxia can occur as a result of mechanical forces and reviews the questions that a biomechanical analysis can answer in a legal dispute.

Improper Temporary Traffic Control or mismanagement of Construction Work Zones can be especially difficult for heavy truck operators. The size and handling characteristics of these vehicles makes it difficult to navigate narrow lanes and safely respond to unexpected changes in traffic flows.

In this webinar video, highway engineer Kevin Gorman discusses the construction work zones issues that are most problematic for heavy trucks, but sometimes go unnoticed in litigation. His presentation includes specific case examples and key items to watch for when investigating these matters.

Cargo that shifts during transit presents a potentially serious struck-by hazard when the trailer doors are opened. The danger of falling freight is well recognized in the commercial trucking industry and has been addressed by regulations and industry standards.

This article explores the regulations that govern trucks and their cargo from the site of the shipper, the truck and driver on the road, and the destination receiver, as well as the standards of care that must be followed in order to prevent injuries.

An effective and skilled ship’s navigation team, subject to applicable requirements, should be well versed and trained in Bridge Resource Management (BRM). During any investigation where an examination of whether or not the bridge team effectively exercised their operational prowess through use of BRM skills, understanding how BRM could have, or should have, been used, can help the investigator identify or rule out potential causes of the casualty.

In this article, Captain Hendrik Keijer discusses the concept of BRM and provides examples of how this concept can be applied to maritime incident investigations.

An investigation following injuries or property damage at a special event or large gathering will often begin with an analysis of crowd management. This article introduces the principles of crowd management as they commonly relate to litigation and insurance claims.

Architectural barriers appear in a broad range of premises liability disputes. Compliance with the ADA and other relevant codes and standards frequently removes hazards from access routes like sidewalks and entrances, building interiors, restrooms, and other accommodations. How the ADA applies to a particular property may require a thorough evaluation.

In this article, Architect & Premises Safety Expert Mark Monteith provides insight to the Americans with Disabilities Act and the implications it has on premises liability disputes.

In this article we look at some of the important items that should be evaluated when getting started on a premises security case. Whether you’ve been retained on behalf of the plaintiff or defendant, understanding these issues can help to ensure your strategy aligns with the facts of your case.

Dog bites occasionally occur at kennels, shelters, veterinary clinics, and other venues that host canines outside of the home. This article discusses the standard of care for preventing dog bite incidents, including the training of personnel, proper enclosures and restraints, and the policies and procedures that are reasonable and prudent to be in place to provide a safe environment.

Construction guardrails used around elevated work surfaces are relatively simple systems, but are critical to worker safety on the job site. In this webinar, Structural Engineer, Mark Duckett, P.E. reviews the anatomy of a typical construction guardrail, the standards relevant to their construction, and some of the failure modes that are known to occur.

This presentation is intended for attorneys and insurance professionals involved in personal injury matters, to broaden their understanding of relevant safety standards and gain insight on the process for determining failure causation.

Parking lots are host to a variety of vehicle, pedestrian, operational, and construction activities, sometimes simultaneously. Facility owners and operators must inspect parking lots on the premises and address any aberrations that could cause an injury or damage.

In this article, Facilities Engineering Expert Christopher Fogarty shares the standard of care for parking lot operation and maintenance, drawing upon his experience managing a 183-acre, multi-use facility.

Schools that utilize the playground as an entry and exit location for student pick up and drop off face a number of security challenges due to the size, number of access points, pedestrian and foot traffic, and visibility obstructions in the environment. Even where fences and gates are used to provide a degree of physical security, those barriers are often easily circumvented and rely upon the watchful eye of trained supervisors and established safety protocols to ensure that unauthorized parties are not intruding, and that children are not leaving the property unattended.

In this article, School Administration Expert, Dr. Suzanne Rodriguez reviews the standard of care for school supervision when playgrounds are utilized as student pick-up and drop-off locations.

The most reliable indicator of driver impairment is an observation of a driver’s behavior behind the wheel, followed by an assessment performed by a qualified Drug Recognition Expert (DRE). Forensic analysis by a Drug Recognition Expert can be helpful in certain disputes toward validating assessments performed by field officers, establishing impairment at the time of an incident, or working with a toxicologist to determine impairment at specific times prior to an incident.

This article provides an overview of the standard of care for law enforcement to determine marijuana intoxication during traffic stops.

This article discusses the forensic process for determining if child services failed to protect children. Social Work expert Abigail Rich has investigated a variety of cases where children have sustained serious injuries or died while under the supervision of Child Protective Services.