Category: Personal Injury, Safety Judge the Deed (and, more importantly, what lead up to it), Not the Breed TASA ID: 2287 Calls often come in asking me to opine on the inherent dangerous nature of certain breeds (i.e., American Pit Bull Terrier or Rottweiler). Attorneys are often both surprised and annoyed when I tell them, “No.” Instead, I advise looking into the stewardship of the dog, whereupon neglect is usually found. Lack of responsibility towards a dog’s emotional, mental, and physical well-being, possibly combined with a dog’s inherent breed tendencies, are always the true culprit in dog bite cases. Read more
Category: Safety, School Safety/Violence Escalating Violence and Parental Litigation: The National Call for Student Safety Plans in School Districts and Universities TASA ID: 1646 If there is any university president or school superintendent in the nation who currently operates without formalized school safety plans in place (quite apart from the noticeable but ignored "thou-shalt-nots" festooned on campus walls, doors and fences), s/he needs to regard-as a wake-up scream-the thunderous allegations of negligence, child endangerment, foreseen traumatic event, breach of duty of care, sexual molestation, dereliction of duty, and reckless disregard hurled by a passing parade of aggrieved and angry parents. Read more
Category: Financial/Economic, Safety, Security Safe Deposit Boxes: Profit Center or Loss Leader? TASA ID: 1018 As a nationally recognized safe deposit box specialist, I am often asked what techniques could be put in place to transform this “loss leader” into a lucrative endeavor. My answer is always simple and concise: know your market, evaluate and train your department staff, and review your box rental rates, fees, programs and policies. Read more
Category: Accident Analysis / Reconstruction, Athletics, Premises Liability, Safety Inappropriate Buffer Zones in Sports and Recreation May Lead to Litigation TASA ID: 658 A young girl in a daycare gymnasium ran to access a low trampoline which was in close proximity to an unpadded wall. She tripped on the egress of the mat ramp, sustaining a head injury. Three of the gymnasium walls were padded, while the fourth was not padded, thus creating a double standard of care. There have been many sport/recreation litigation cases in which the proximate cause for the injury is related directly to inappropriate safety zones on the court or field, or in the gym. Read more
Category: Architecture, Construction, Engineering, Safety Forensic Engineering Investigation of a Long Span Wooden Truss Failure During Erection TASA ID: 1134 With about one third of the long span wood trusses in place for a 60' by 100' building being constructed as a convenience store, the trusses already erected fell over like dominos injuring three laborers. The three workers sued a number of parties involved in the project including the crane rental company and the manufacturer and supplier of the trusses, claiming that they shared responsibility for the accident and that they should have taken action to prevent the collapse. The author was retained as an expert witness for the crane rental company. Investigation and analysis of available facts established that the crane rental company was not responsible and should have had no liability. Read more
