Forensic Engineers and Consultants

Tag Archive: subrogation

  1. 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.

  2. 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. (more…)

  3. When a Fire Sprinkler System Fails to Deliver

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    After a major fire, it is necessary to investigate the fire sprinkler system to see if and why it malfunctioned. Wet sprinkler systems are the most common and least complex fire sprinkler systems in use. The following are major items addressed in an investigation involving a wet system.

    If available, drawings of the supply piping and sprinkler system are helpful. If these are not available, a sketch of the system will be made. Requests will also be made for inspection, testing, and maintenance documentation as well as fire alarm logs.

    The top reason that fire sprinkler systems do not function correctly during a fire is (more…)

  4. The Use of Taglines to Control Crane Loads

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    The adequacy of a crane’s load line to support the weight of the object being lifted is an obvious concern when evaluating a crane lifting operation. Less obvious, but often equally important, is the presence and adequacy of taglines to provide control of the load orientation.

    Taglines are simply ropes or lines that are (more…)

  5. Heating System Losses: Part Two

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    Previously, Warren posted the first installment of a series on losses associated with heating systems.  The first article looked at central forced air furnaces.  This new article will look at a common form of supplemental or secondary heat, oil filled electric radiant heaters. These heaters are commonly used to provide extra heating in areas that are lacking in central heating capacity. Another rationale for their use arises from manufacturer’s claims that the portable heating units can lower your power bill.  This is based on (more…)

  6. Spontaneous Combustion…Is it hot in here or is it just me???

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    In the old-timey Fire Triangle, you have heat, fuel, and oxygen.  Get these three together in the right quantities, and you get fire.  What if the fuel provides its own heat?  That’s spontaneous combustion, or spontaneous ignition.  NFPA921 defines this as “initiation of combustion of a material by an internal chemical or biological reaction that has produced sufficient heat to ignite the material.” (more…)

  7. 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, (more…)

  8. 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.

    (more…)

  9. Heat Exchanger Failures Will Shut Your Process Down

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    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!

    (more…)

  10. Residential Structure Fires

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    The winter season is well underway in the United States, with the Christmas and New Years holidays behind us and the depths of cold weather here for the duration.  With winter, many people spend more hours indoors as compared to the summer when outdoor activities ramp up.  With more time spent indoors, it is somewhat intuitive that the use of electricity would increase as well.

    Electricity is one of the most influential utilities in our daily life.  Much of what modern societies rely on to get through a normal day requires electricity.  Have you ever been in a slight panic looking for an electric outlet when your cell phone is below 10% charge?  Or how many times do we all attempt to turn on a light switch when we enter a room during a known power outage from sheer habit?  Even our personal transportation which has relied on gasoline for roughly 100 years is shifting toward electric automobiles. (more…)

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