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Slip, Trip, Stumble, and Fall

Falldown cases can be some of the most challenging we do. Not only are we documenting the condition of an accident site, but we are also looking for contributing factors that can be the key to successfully litigating the matter. In snow and ice cases, we are looking for the cause of a defect allowing for an un-natural accumulation of water, ice or snow. Sidewalk depressions, broken leaders and gutters, and drainage from abutting properties are the types of conditions that often present, if one knows what to look for.

 
"The earthquake was when?"


 
Photos with scales are crucial in the proper documentation of fall sites.

In stairway cases, we look for stair geometry that is out of code, torn or loose carpeting or tiles, loose nosing strips, missing or oversized handrails, as well as the lighting conditions at the time of the fall. All are measured and documented for the review of the attorney and/or expert.

In tripping cases, we document not only the geometry of the defect itself and use rulers and levels, but we also look for the human factors that come into play very often. We had a case in a liquor store where a customer missed a step and fell, causing a serious hip fracture needing a prosthesis implant. The step was minimally marked with yellow tape, but in getting an overall view of the area it was easy to note all the advertising distractions and displays that visually overpowered the presence of the step and a small "Watch your Step" sign.

So if you are driving up Market Street in Newark one day, and see what seems to be a body lying in the road, it may be one of us on our belly setting up rulers to photograph the depth of a pothole or height of a large defect in the macadam that caused a fall!

   

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