Forensic Engineers and Consultants

Archive: Subrogation

HEY…Cover Up Please!

Machine guards can be compared to the clothes we wear every day.  Indeed, they serve a very important purpose.  Imagine someone leaving their home on a fine, sunny morning wearing nothing but a smile.  Wonder how far they will get through the day before things start going poorly for this individual?

 

 

 

 

 

There will be more than a few raised eyebrows and blushes when he stops into the local Starbucks for his usual morning double-dipped and whipped, chocolaty chip with a touch of pumpkin spice cappuccino fix.  Good luck with that!  Probably going to leave disappointed, empty-handed, and likely wearing handcuffs.  This will be the beginning of a very long, very bad day for that individual.  Had he recognized the risks associated with this type of behavior, and then put forth a little effort to cover up, he would have prevented many unfavorable and possibly life-changing personal and legal problems from ever occurring!

And so it is with properly guarding a machine.  Machine safeguarding helps to protect workers from preventable injuries. Read More

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One Small Step…

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Ladders…not a particularly exciting topic I’ll admit.  But hey, we need ladders to help us accomplish all kinds of tasks.  Most people have used at least one of the many types of ladders that are available today.  And the odds are probably pretty good that many of those users strayed outside the limits of safety a time or two while on a ladder.  It is amazing the risks some people will take to save some time or avoid the inconvenience of getting down to move the ladder into a safer position.  I wonder how many of those risks would be taken on a ladder if the users knew they were on camera.

Think about astronaut Neil Armstrong.  He travelled by rocket almost 239,000 miles through space and has just successfully landed the lunar module on the surface of the moon.  Quite an accomplishment!  Now, with the eyes of the world on him, he is going to come down a ladder and become the first person to set foot on the moon.  I wonder how many times Neil Armstrong practiced coming down that ladder.  Now imagine him saying during that historic moment: “That’s one small step for a man… one giant leeee….aaaaaahhhhhhh!” And then the world watches as he falls back off the ladder and comes to rest lying on his back….on the surface of the moon….with a broken leg, a sprained wrist, and a bruised back, and clutching a ladder rung in one of his hands!  And 239,000 miles from the nearest Urgent Care!

Image Credit: NASA Archives

That would have drastically changed everything about the overall mission of the astronauts!  The investigation into this ladder accident would be an interesting and important one for sure, and the fact that such strong evidence was caught on video would be a luxury not usually available to the investigator.  Well, fortunately that accident did not happen!  Neil Armstrong finished his famous quote, he successfully stepped off the lunar module ladder, and the overall mission of the Apollo 11 flight was incredibly successful.

Obviously, the everyday use of ladders at factories and homes across the U.S. lacks the drama and suspense of a moon mission ladder descent, but there are some similarities that we can look at.  Using a ladder always involves a level of risk.  That risk level is dependent on things such as the type of ladder, the height climbed, the attention of the user to follow all ladder safety rules, as well as the design and stability of the ladder used.  Ladders that are available these days are typically safe with respect to their design and the materials they are constructed of.  However, statistics show that in the US, on average, work-related ladder falls result in one death and more than 180 nonfatal injuries every two days.  In some of these cases, questions are raised about what actually caused or contributed to the accident.  When this happens, it is common for a forensic engineer to be hired to investigate the accident to determine if there was a defect in the ladder’s design or the materials it was manufactured from, or if the user of the ladder was possibly at fault.

The things a forensic engineer will consider in the investigation are dependent on the specific circumstances of each accident as well as the scope of the accident request.  Typically, the type of ladder and whether it adhered to the design standards that were in place when it was manufactured will be a part of the investigation.  A quick internet search will show whether there are or have been recalls for that particular ladder model.  A thorough study of the ladder, whether through quality photos or having the actual ladder involved in the accident, can reveal evidence that will show whether a defect was present in the ladder at the time of the accident.  The specific members that were damaged can sometimes show how the ladder was loaded when it failed, and whether that failure may have been due to either a defect or the user’s bad judgment.  The goal of the investigation will be to find the truth as to what happened and to give a concise explanation of the expert’s findings along with his /her opinions in the final report.

If you need an investigation of an accident involving any type of ladder, please call our experienced mechanical engineering experts at Warren.

Bob Hickman is a Licensed Professional Engineer and Certified Machinery Safety Expert.  He has over 30 years of manufacturing and machine design experience in production and quality-driven environments.  Bob holds a Bachelor of Science in Mechanical Engineering from Clemson University.  Over his 30-year engineering career, Bob has designed many custom manufacturing machines and processes that improved quality, productivity, reliability, and safety.  He designed several machines to automate manual processes, replacing inefficient/unreliable manual equipment and has assisted with plant layout/production line planning.  He has significant experience with pneumatic systems and components, as well as hydraulics.  Bob regularly investigates personal injury, wrongful death, and product liability claims, as well as property damage claims involving machinery and equipment in a variety of environments for both insurance adjusters and attorneys.  Bob has an in-depth knowledge of many standards with emphasis on ANSI B11 standards for machine tool safety.

Financial Injury.…From a Machine?!?!

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Forensic engineers may be called upon to investigate a broad array of problems concerning a machine.  Cases involving physical injuries and even death are a large part of what we investigate in order to determine what caused the accident to happen and who may be at fault.  Occasionally, problems with a recently designed custom machine do not cause a physical injury, but instead cause a “financial” injury.  This type of “injury” can negatively impact the machine designer, the machine purchaser, or possibly both.  Financial injuries can be quite substantial, just as physical injuries can be, and may severely impact a company’s cash flow which can make or break a company.  A refusal to pay a designer/builder of a machine or paying for a machine that ends up not meeting the agreed upon performance specifications can have catastrophic consequences for many businesses, especially for small ones. Read More

How Long Before the Pipes Freeze?

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An unexpected severe winter freeze will remind many people and businesses that when water in a pipe freezes, the ice will expand and burst the pipe or pipe fitting.  Large losses will result from flooding when the temperatures rise.  Insulation will help, but not prevent freezing.  Insulation simply slows down the rate of heat loss.  The time of exposure to subfreezing temperature is an important factor.

The American Society of Refrigeration and Air Conditioning Engineers (ASHRAE) Handbook of Fundamentals has a short entry on the topic (Chapter 23, page 23.5-6), which gives an equation for estimating the time that it will take an insulated pipe to freeze, Read More

Industrial Equipment Failures and Construction Disputes

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At Warren, we frequently investigate losses involving industrial machinery.  Many of the losses involve workplace injuries, fires, or explosions; however, we also analyze industrial machinery and processes for other types of problems.  For example, we analyze failures of machinery or industrial processes to perform as expected or disputes that arise from the commercial supply and construction of such systems.  This can encompass a range of issues from failure to achieve required levels of product quality or production quantity, to matters concerning unclear specifications or contracts, Read More

Interpreting Industrial Incident Data – Lesson Learned

This is a case study about an incident I investigated involving a major upset in a distillation column.  This blog builds on the previous blogs about the Distributed Control System, DCS – Data is the Key.

Distillation is a method of separating mixtures of compounds with differing boiling points.  Uncle Bill with his still on the hill separates ethanol, that boils at 173°F, from water that boils at 212°F.  If the mixture is heated to above 173°F, but below 212°F, the ethanol will boil, the vapor will travel up out of the unit and then can be condensed and served over ice with an olive…   Any mixture of two or more chemicals with different boiling points can be separated in this way.  The distillation Read More

WARREN WEBINAR: Property Claims Issues at Manufacturing Facilities

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LIVE WEBINAR: “Property Claims Issues at Manufacturing Facilities” | Presented by WARREN’s President and Senior Consulting Engineer, Jennifer Morningstar, P.E., CFEI.

COURSE LEARNING OBJECTIVES
The learning objectives of this course are to provide the attendees with information on the four major facets of property claims that are commonplace in manufacturing facilities.

They are:

  1. Subrogation against third parties;
  2. Boiler & machinery vs property claims;
  3. Scope of loss, and
  4. Business interruption

Each facet will be explored and exemplified by at least one case study.

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Heat Exchanger Failures Will Shut Your Process Down

Heat exchangers, as the name implies, are used to bring a process stream to a desired temperature.  They can heat or cool either gases or liquids. They are fairly intricate in their construction, therefore not the cheapest piece of equipment to purchase.  For that reason, facilities don’t keep “spare” exchangers lying around, so when they fail catastrophically, the entire manufacturing process goes down with them… and stays down until they are fixed or replaced. Ow!

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Heating System Losses, Part One

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When fall and winter arrive and temperatures drop, it is a great comfort to have a heating system to warm your home or office. Several categories of heating equipment exist to provide both primary and secondary heating. Primary heating systems include fuel gas/fuel oil/electric forced air furnaces, heat pumps, hydronic heating/steam systems and even wood-fired heating systems.  Secondary heating equipment includes electric, gas and kerosene space heaters of both fixed and portable design, and fireplaces. Each of the different types of heating systems have unique hazards that, uncontrolled, can result in fires, explosions, burn injuries, and carbon monoxide poisoning.  Read More

P&ID’s, If You Please – Piping and Instrumentation Diagrams Explained

When investigating an industrial incident, one piece of information I always ask for is the relevant P&ID’s for the process.  P&ID stands for Piping and Instrumentation Diagram and is defined as “A schematic diagram of the relationship between instruments, controllers, piping, and system equipment.” A set of P&ID’s for an entire facility allows you to trace the entire manufacturing process from raw material unloading to finished product loadout, including utilities like steam, water, fuel, and air. That’s great information to have, but isn’t especially useful Read More

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