Accidents that result in premises liability claims can occur on either private or public property, and typically involve injuries. Slip-and-fall accidents often take place in retail establishments, including grocery stores and restaurants, as well as parking lots, apartment complex grounds, and hotel lobbies and hallways, to name a few. Such accidents often occur as the result of wet or contaminated walking surfaces, while trip-and-fall incidents are caused by material, debris, or other obstructions on the walking surface, or uneven surfaces.
While many of these incidents are truly accidental in nature, there are occasions where slip-and-fall or trip-and-fall accidents are staged for the purpose of collecting on an insurance claim. The National Insurance Crime Bureau (NICB) studied questionable slip-and-fall claims that were referred for review from January 1, 2010 through December 31, 2011. During the calendar year 2010, there were 1,944 claims referred, compared to 2,168 referred claims in 2011. That's an increase of 12 percent.
“Each year slips, trips, and falls are among the leading causes of serious physical injury and fatalities,” says Thomas Parco, R.A., of Rimkus Consulting Group, Inc. “It is essential to make certain you are utilizing qualified experts in analyzing and providing technical data to support expert opinions when analyzing slip, trip, and fall incidents.”
Proper investigation of a slip-and-fall or trip-and-fall incident can help differentiate claims for true accidents from fraudulent claims. Luminometers, or light meters, are used to establish the facts regarding lighting conditions. Surface conditions can be documented, and the surface in question tested with a tribometer such as an English XL to determine the slip index of the surface when it is both wet and dry. The Brungraber Mark I tribometer was developed specifically for slip-testing bath and shower surfaces. A thorough investigation will typically include a review of the applicable building codes to determine whether the site conditions meet code requirements.
Once site conditions have been examined and analyzed, video enhancement of security tapes, when available, can assist in determining exactly how the slip-and-fall or trip-and-fall occurred. Animations of the incident, including three-dimensional site mapping, can illustrate the findings of the investigation and provide demonstrative evidence should a matter go into arbitration, mediation or trial.
In addition to slip-and-fall accidents, premises liability claims can arise from a variety of conditions in a multitude of settings. Investigation of these conditions in buildings may include balcony and railing failure analysis; escalator and elevator injury analysis; security and lighting failure analysis; swimming pool slip and fall analysis; ADA compliance review; electronic door evaluations; stairway compliance and analysis; property design analysis; and code compliance and industry standards analysis. For incidents occurring outdoors, investigations may also include parking lot incident evaluation; bollard pole and wheel stop evaluations; parking lot signage evaluation; security and lighting failure analysis; uneven walkway and sidewalk review; balcony and railing failure analysis; ADA compliance review; and code compliance and industry standards analysis.
Thomas L. Parco, R.A. is a registered architect with Rimkus Consulting Group, Inc., a worldwide provider of forensic consulting services. For more information, please contact 800-580-3228 or visit www.rimkus.com.
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