Articles

When water damage is found in a wall, an exterior leak is often assumed; however, condensation should also be considered. This article explores the design standards for mitigating wall condensation and the process by which a forensic investigator can determine if damages were caused by condensation due to deficiencies in design, construction, maintenance, or some combination thereof.

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.

NHTSA data supports that approximately half of all fatal, run-off-road (ROR) crashes occur along curves. While an examination of driver actions is relevant in many of these crashes, it may also be prudent to examine the roadway to understand if proper warnings were in place to notify drivers of the approaching hazard.

In this article, Civil & Traffic Engineering Expert, Richard Tippett discusses required warning signs that are used to notify motorists of curves ahead, the elements considered in determining the necessary signage, and how a forensic investigation can help determine whether signage was proper or in violation of applicable standards.

Factors such as the age of the children, specific care environments (residential, church-run, commercial, etc.), and facility policies and procedures are all relevant in the investigation of childcare mishaps. In this webinar, childcare operations expert, Janice Inman discusses the standard of care for protecting children from hazards within supervised care facilities.

Attendees will learn about relevant state and national childcare standards, facility hazard analyses, and the standard of care for child supervision.

A vessel is deemed seaworthy when it is determined to be reasonably fit for her intended use. The Titanic was a passenger cruise liner which was intended to be used to safely carry passengers and crew. The Titanic was unseaworthy since she provided insufficient lifesaving capacity. Unseaworthiness does not necessarily result in the sinking of a vessel.

This article discusses how proving, or disproving unseaworthiness through a thorough forensic investigation can be powerful in maritime litigation.

Through a forensic investigation, it can often be determined whether electrical shock conditions were present, whether an electric shock occurred, and if electric shock did occur, the cause or causes. Variables such as the type of product or equipment, environment, service history, and who was injured may all influence causation and standard of care.

This article outlines the questions that should be asked, and discovery items to request, in an investigation of an electrical shock injury.

Dance floors, be they permanent feature or installed for temporary use, can be dangerous to participants if not properly installed, maintained, and monitored for safe use. This article examines the premises safety concerns unique to dance floors as opposed to other walkway surfaces, and discusses the recognized standards of care for installing and maintaining both permanent and temporary dance floors.

The structural failure or collapse of a wood utility pole is often the result of advanced rot, vehicle impact, overloading, or some combination thereof. As part of a forensic investigation, experts will often seek to determine the pre-failure condition of the pole to understand if maintenance operations or loading considerations were contributing factors.

In this article structural engineer, Anthony Volonnino, P.E. discusses the engineering involved in utility pole design and some of the technical concepts relevant to their failures.

The outcome of many cases hinges on whether something could be seen: a traffic sign, an abduction on a playground, an assailant at an apartment complex— the list of scenarios is virtually endless.

In this 30-minute webinar, Marcus Mazza, P.E. explains how line of sight studies are conducted, how they can be used in different types of cases, and some of the techniques that can be used to collect data when site conditions have changed.

Concrete pumping operations present a number of typical mishaps that can lead to personal injury. Many of these hazards are associated with the forces and energy exerted by the pump and should be controlled through proper planning, training, effective work processes, and proper management.

In this article, Civil Engineer & Construction Expert, Jeffrey Tedder, P.E., discusses some of the hazards relevant to concrete pumping operations and the corresponding safety measures. He also provides potential discovery questions related to these disputes.

A construction project schedule is typically a graphic representation of how a construction project is completed and constructed. For example, a contractor’s bid estimates costs to build the project, and a construction schedule estimates the time required to construct the project.

In this article, Catherine Peterman, AIA, NCARB, provides an overview of construction project delay claims and the way a forensic analysis is conducted to determine the cause of a delay and quantify the damages.

Aquatic facilities utilize various hazardous chemicals to maintain water safety. When used properly, the public tends not to pay attention; however, missteps in facility operations can lead to toxic chemical inhalation, chemical burns, pathogen exposures, and other serious consequences.

In this article, aquatic safety expert, Maria Bella discusses chemical hazards at aquatic facilities and the standard of care for water treatment at pools, water parks, and other aquatic venues.

According to the United States Bureau of Labor and Statistics, there were approximately 1.3 million paraeducators employed nationwide in 2020. Depending on the state and school district in which they are employed, paraeducators are known by a myriad of titles, including teacher assistant, instructional aide, one to one aide, personal care assistant, bus aides and others. Many times, they are assigned to help support special education classrooms and students with significant disabilities. Some paraeducators are assigned to work one to one with a particular student; while others may help the special education teacher deliver instruction to a small group of students.

With the increasing number of students with disabilities participating in general education classrooms, and an increasing number of students with complex needs entering school, paraeducators serve an important role in our nation’s education system. In this article, special education and school administration expert, Dr. Theresa Kreider explains the aspects of hiring practices, training, and supervision that are commonly scrutinized and contested in litigation.

GPS units and chartplotters potentially contain a myriad of useful information for the reconstruction of marine mishaps. Our experts can export, interpret, and analyze this data within the context of specific events to reliably answer questions involving speed, location, and many other relevant issues.

This article provides an introduction to marine GPS navigation data as it relates to litigation and insurance claims. Concepts explored include how experts use data to determine vessel locations and operator actions/inactions of interest such as slow speed zone transits, waterfront bar/restaurant visits, and evasive maneuvers.

Construction vehicles which pose a risk for back-over incidents include pick-up trucks, workers’ private vehicles, dump trucks, ready-mix concrete trucks, tractor trailers, heavy equipment such as loaders, backhoes and bulldozers, aerial lifts, scissor lifts, cranes, and road grinding / paving equipment, among others.

Civil Engineer & Construction Safety Expert, Greg Pestine, P.E., approaches the topic by highlighting the standards for construction safety intended to prevent workers and pedestrians from being struck by construction vehicles.

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.