This case involves a man who was invited by a friend to go for a swim in a pool owned by two homeowners who the friend knew. The man entered the south shallow end of the pool through full-width stairs and felt the slope of the bottom giving downward toward the north end of the pool. There were not any stairs at the other end of the pool, but there was a ladder which seemed to be a “deep end” ladder at the other end. The man thought that the pool had a regular shallow end/deep end configuration. The man got out of the shallow end and walked toward the other end of the pool and dove into the north end. The north end of the pool was actually shallow and was only 3½ feet deep. The pool actually had two shallow ends and a deep middle. The water depth in the north and south ends of the pool was less than 3 feet and the depth in the middle was 5 feet 7 inches. The man hit his head and suffered a severe spinal injury. His injury left him an incomplete quadriplegic who was confined to a wheelchair, requiring regular neuromuscular and functional electrical stimulation appointments. The man brought a product liability lawsuit against the installer of the pool claiming that the design of the swimming pool was dangerous and caused his paralysis.

Pools like the one in this case are usually referred to as “sports pools.” A sports pool has two shallow ends and a deeper section in the middle of the pool. These pools are called sports pools because many people use them for playing water sports such as volleyball, basketball, and skip ball. The two shallow ends of a sports pool are usually shallow enough to stand waist deep in and the deepest part is in the middle so that people playing sports don’t have to worry about not being able to swim or the water being too deep to stand in while they are playing a game. What makes the pool in this case very unusual and dangerous is that it had no ladder in the deepest part of the pool. Also, the pool was designed with no steps and handrails at the north end which probably could have prevented the accident in this case. The installer of the pool is probably liable for the man’s injury in this case because they incorporated a deceptive design by putting a classic “deep end” ladder at the north end which should have been placed in the deepest part of the pool, which is the middle. Since the pool had broad steps on the south end (which are typically associated with the normal deed end/shallow end pool), the installer created a pool with an “optical illusion” where the pool’s depth was basically impossible to judge. In order for the installer of the pool to not be liable for the man’s injury in this case, they would have had to mandate that the homeowner use warning signs at the pool to warn swimmers about the danger of diving into the pool. Also, the installer could have designed the pool with more normal dimensions such as with the north and south ends having a water depth of 3.6' and with a water depth of 4' in the middle.

Is a sports pool with two shallow ends and one deep end unreasonably dangerous for swimmers?

In the product liability suit, a man claimed the design of a swimming pool was dangerous. He sued the installer of the pool.

Man Paralyzed After Diving Into Sports Pool

This equipment design case involves an improper footing on a rented aluminum extension ladder, which caused an injury. In June 2013, the plaintiff, a thirty-six-year-old professional painter in Oregon, was on a 32-foot extension ladder. He set up the ladder on a new, faux-wood deck in order to paint a sun window on the second floor of a home. The ladder was set up with no over-extension or extra weight — the painter was of average size. The footings on the ladder were described as being mismatched. One footing had a missing rubber cover that was designed to maintain the stability of the ladder. While the plaintiff was working at the top of the ladder, the footing slipped on the deck, causing the ladder to fall. The painter crashed to the deck, breaking his leg and ankle in the fall. He was out of work for eight weeks, lost considerable income and had to undergo weeks of physical therapy. The plaintiff alleges that the rental company defendant gave him a “modified” ladder that was not up to safety standards. He alleges that the modification caused the accident.

I have been involved in numerous fall cases, including many involving equipment failure. This appears to be a compliance issue with Occupational Safety and Health Administration (OSHA) and manufacturer's requirements. OSHA has numerous specific requirements for ladders. These include regulations governing load support, rung configuration and the use of slip-resistant feet. Additionally, ladder manufacturers must comply with industry standards. The ladder clearly violated safety compliance standards. This expert has more than 20 years of experience in safety. He is a Certified Safety Professional and a Professional Engineer. He is the president and safety consultant for an independent safety consulting firm. He has numerous OSHA instructor certifications and teaches at a major university about equipment safety and the risks of failing to comply with safety regulations. He has presented and published extensively on the subject of safety.

Please discuss your experience with extension ladders and proper footing.

Extension Ladder Design Leads to Injury

This is a products liability case that takes place in Arkansas and involves a fiberglass extension ladder. The plaintiff in this case was using the ladder to assist him while he repainted the exterior of the house. While he was working, the fiberglass frame of the ladder broke, and as a result the plaintiff fell and suffered severe injuries. It is believed that a flaw in that particular ladder’s manufacture is the root cause for the failure. The ladder was brand new at the time of the incident, and was approximately 20 feet long when fully extended. An expert on consumer product safety was sought to opine on this issue.

I was employed by Werner Ladder Company for 16 years as a Product Design / Sr. Product design engineer. I have investigated hundreds of ladder accidents over last 25+ years. I would start by reviewing photos and interviewing witnesses by telephone to develop an initial assessment. More detailed analysis would require personal inspection of ladder and possibly the accident site.

Are you able to inspect a ladder in SW Georgia to make a determination on how it failed?

Location: New York B.S., Mechanical Engineering, Grove City College Licensed, Professional Engineer Member, National Society of Professional Engineers Member, American Society of Mechanical Engineers Former P****** E************** P****** E******* W***** C** Present, Engineering Consultant

Southeast

Arkansas

This expert is a licensed professional engineer with over 25 years of experience with developing and evaluating climbing products. He is a member of the National Society of Professional Engineers and the American Society of Mechanical Engineers. He spent 16 years at Werner Ladder Co as a product design engineer where he designed, prototyped, tested, and manufactured ladders and other climbing products. He is currently an independent engineering consultant.

Ladder Failure Linked to Manufacturing Flaw

This case takes place in Arizona and involves a roofer working on a commercial construction project who suffered serious injuries while on the job. The roofer had been employed during construction of a new science center for a large academic institution, and had been on the job for several months without incident. Around the time of the incident in question, the Plaintiff and his team were instructed to perform work on a second-story roof that was to be covered in artificial terra cotta tiles. In order to access the roof, the workers had been using a 20-foot metal ladder in addition to man lifts. On one occasion, the Plaintiff was climbing the ladder to the roof when the ladder shifted, causing the man to fall at least 15 feet to the ground. As a result of the fall, the man is now paralyzed from the waist-down. It was claimed that the ladder was not properly secured at the time of the accident.

I have constructed in excess of $750 mil of commercial projects as CEO of my own construction firm, and as a hands-on operator in over 20 cities across the US, mostly for national retail accounts. Safety is paramount on every project. I have co-authored more than 50 pages for safety programs for major construction companies. I have literally walked thousands of job sites and participated in more than 50 safety walks. Moreover, I have developed forms relative to safety protocols, subcontractor safety warnings, and weekly safety meetings. I can come up with many reasons as to how the incident could have been avoided and who was at fault. At a glance, there was a clear oversight in failing to secure this ladder, since any ladder extended over a certain length must be secured in order to be safe to use - OSHA Safety and Health Regulations for Construction 1926.1053(b)(1) states "In no case shall the extension be such that ladder deflection under a load would, by itself, cause the ladder to slip off its support." I am very familiar with construction law and construction attorneys, as well as the process of construction litigation generally. In any case, accidents of this nature are almost always preventable, and it seems that the construction firm was not adhering to proper standards of safety.

1. Please discuss your background in setting safety protocols in a construction settings. 2. Have you lectured or been published in this field? 3. Has a similar incident occurred on a work-site at which you were responsible for safety?

Location: AZ Education: University of Arizona Licensed, General Contractor (AZ, CA, TX) Member, Real Estate and Allied Professionals Awarded, numerous professional designations from industry and government Former V*** P******** R** B******* Former C** a T*********** c*********** f*** Current V*** P******** U***** B******* L** Current P****** C********* a s********* c*********** c********* p*******

Southwest

Arizona

This expert has a 35+ years of experience as a construction contractor, developer, and consultant. His past experience includes the "hands-on" ownership and operation of multiple construction firms and development companies. He has built over $750 Million in residential and commercial construction projects. As CEO of a Tucson construction firm, he was recognized by the Governor of Arizona for running the city's fastest growing business.

Unsecured Ladder Results in Serious Fall

This case involves a woman from Arkansas who fell off a ladder. The woman was washing the windows on the second floor of her house without any supervision. The ladder was stationed on top of her composite wood deck and she leaned the ladder against the roofline. She was on the ladder for only a few minutes and completed her work without any issues. As she was making her way down the ladder, several of the deck planks collapsed. The ladder slipped and the woman fell from a height of approximately 21 feet. She suffered head injuries, a concussion, and was rendered paralyzed from the neck down. It was alleged that the defective boards gave out due to the weight of the ladder and the woman. An expert in construction and engineering was sought to inspect the deck material and opine on its condition.

My background is in engineering and human factors, and I am an engineer licensed in a southern state. My human factors master's thesis was based on ladder safety and usage and I have published on the subject. My research in ladder standards and safety would allow me to rule that out as a contributing factor. My initial thought is that this definitely sounds like both an engineering issue and a human factors issue. It would be highly unusual for a composite deck board to fail under the load of a ladder with a worker on it. An examination of the composite material would need to be performed to determine if it was defective, improperly fastened, improperly cut/installed, or overloaded. The overload condition is more likely if it was over-spanned and designed poorly, or in conjunction with one of the other conditions listed above. The examination and analysis would be visual in nature, also based on engineering calculations, and possible laboratory testing, if required. The manufacturer of the material should be verified and exemplary material obtained if necessary and available. If this is simply a composite deck board failure, it should be fairly simple. However, other contributing factors also need to be considered and ruled out such as the actions of the worker and the usage of the ladder.

1. Please describe your background in deck construction, ladder safety, and/or engineering. 2. How would you determine what caused the composite wood to crack?

Construction Expert Opines On Condition Of Collapsed Deck

This case involves a 41-year-old female homeowner who was injured after she fell off of a ladder. She had borrowed an aluminum ladder from her neighbor to clean her gutters. As the woman reached the top of the ladder, it gave way causing her to fall 15 feet. The woman suffered a traumatic brain injury as a result of the incident. It was alleged that the structural integrity of the ladder was compromised. We require an expert who can perform an inspection of the ladder and determine if the ladder was defective or the structure had been tampered with.

I have 16+ years of forensic engineering experience inspecting failed ladders and determining root cause failure analysis. I am proficient in the ANSI 14 series of ladder standards including portable, commercial, and industrial grade ladder standards. I am also a voting member of a forensic engineering subcommittee. I have significant legal experience, as I have evaluated 200+ failure analysis case and testified on 20+ occasions as a forensic engineering expert. About 40-50 of the cases I've handled have specifically involving ladder failure analysis, including inspection of both wood and aluminum ladder failures. The failures I've analyzed have included buckled legs, failed fasteners, missing labels, and toppled ladders from misuse.

1. Please describe your failure analysis experience, particularly with ladders.

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Ladder Expert Witness Case Studies

Man Paralyzed After Diving Into Sports Pool

Extension Ladder Design Leads to Injury

Ladder Failure Linked to Manufacturing Flaw

Unsecured Ladder Results in Serious Fall

Construction Expert Opines On Condition Of Collapsed Deck

Allegedly Defective Ladder Injures Homeowner

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