NCJ Number
225066
Journal
Forensic Examiner Volume: 16 Issue: 3 Dated: Fall 2007 Pages: 28-33
Date Published
2007
Length
6 pages
Annotation
This article proposes a method for forensic engineers to use in analyzing why the components of a building and its site (“premises”) may have failed, causing injury and/or death that triggers litigation in a legal forum.
Abstract
The method is a form of “system analysis,” defined in this article as “the critical examination of the technical and managerial skills used to maintain the premises.” This approach recognizes that continued, acceptable operation of a component is dependent upon a system consisting of the component itself and the maintenance it has received. In describing the system analysis proposed for use by a forensic engineer on the occasion of an accident on a premise, this article uses an example of a specific type of accident. The patron of a small mercantile establishment slipped and fell on a rainy day. An allegation has been made that water was present on the floor at the time this occurred. The component of the premises to be evaluated by the forensic engineer is the flooring and the maintenance program for the flooring that the proprietor uses for safety during inclement weather. The first step in the evaluation process is to determine the operating conditions, i.e., the conditions under which the system is expected to operate. The operating conditions are best determined by site inspection, document review, and testimony of various parties. The next step is to determine whether the component itself (flooring) and its maintenance (ongoing system of care for the floor) were sufficient for patrons’ and employees’ safe anticipated use of the component. This article details the features of the flooring and its maintenance that must be examined in determining its performance under the conditions of the accident. 1 figure and 7 references