Slips, Trips, Missteps, and Their Consequences

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Lawyers & Judges Publishing Company, 2007 - Law - 375 pages
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Falls are the second leading cause of accidental deaths in the United States, but are overlooked in most literature. Of use to primary care physicians, nurses, insurance adjusters, architects, writers of building codes, attorneys, or anyone who cares for the elderly, this book will tell you how, why, and when people will likely fall, what most likely will be injured, and how such injuries come about. Use this book to answer your questions on how to determine fault and liability between the plaintiff and the defendant in a slip and fall case, applying the traditional premises liability model. The included case studies and examples will help you understand the mechanics and causes of these accidents. The book includes a chapter on osteoporosis and other biomedical factors that cause falls. With the very useful Fall Prevention Manual that is included, you will find potential trouble areas around a building before an accident occurs. Falls and Related Injuries is peerless in its handling of an important and overlooked subject.
 

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Contents

Standing Walking Environment
5
13 Walking Cycle
6
14 Environment
8
References
10
15 The Senile Gait
11
References Sections 15 and 16
12
Walkway Hazards
13
23 Coefficient of Friction
16
Legal Considerations
147
Premises Liability
149
142 Duty Owed
150
144 Duty Owed to Licensee
151
145 Duty Owed to Invitee
152
146 Potential Defendants
153
148 Violation of Statute
154
149 Notice of Dangerous Condition
155

The Tangent of the Angle of the Incline with Respect to the Horizontal
18
25 Traction Demand
20
26 Other Pedestrian Slip Causality Factors
21
28 Ramps or Other Inclined Surfaces
22
29 Slipping During Walking
23
210 Preventing Slips
24
212 Measuring Coefficient of Friction Test Specimens
26
213 Measuring Coefficient of Friction HumanBased Approaches
27
215 Trip Hazard
32
216 Vertically Oriented Projecting Object Surface
33
218 Height of the Projecting Object
34
220 Misstep Hazard
35
223 Misstep Hazard Neuromusculoskeletal Response
36
References
38
Information Processing
41
34 Analysis
42
36 Response
43
310 Risk Information Processing
45
References
48
How We Fall and Why We Fall
49
45 Crumple Falls
50
47 The Fall Event
51
C Injury prevention or mitigation responses
52
Falls and Their Causes On Who Falls and Who Is Injured
53
53 The Incidence of Accidental Fall Injuries and Deaths
54
55 The Influence of Race and Sex on Accidental Falls and the Injuries and Deaths They Cause
58
Endnotes
59
On Gravity A Relentless Force That Would Cast Us to the Ground How We Detect Use and Resist the Force of Gravity
61
63 Mass Versus Weight
62
64 How We Tell Where We Are Positioned in Earths Gravitational Field or Where Is Up and Where Is Down? And How Do We Know This Is So?
63
65 How We Tell Our Position in Space
64
67 Generalizations Concerning the Control of Posture and of Movement
65
68 Summary
68
Endnotes
69
Biomedical Factors That Cause Falls Senescence and Diseases
71
73 Diseases and Changes of Aging That Either Cause Falls or Increase the Chance of Accidentally Falling
72
how they change with age
74
their changes due to aging and disease
75
their agerelated changes and diseases
77
B Central nervous system agerelated changes and diseases
78
C Cardiovascular aging and diseases
81
D Musculoskeletal system diseases affecting falling
84
Endnotes
89
Biomedical Factors That Cause Falls Medications and Iatrogenic Causes
93
83 The Relationship if any Between Age and Adverse Drug Reactions
94
84 What Factors Determine a Drugs Dose? How Do These Factors Change with Increasing Age?
95
85 Adverse Drug Reactions and Polypharmacy
96
86 Summary
97
Endnotes
98
Environmental Factors That Cause Falls
99
Ambience Design Standards and Pedestrian Traffic
100
94 Falls at Home and Work
104
Endnotes
107
Fall Injury Information
109
104 All Deaths Due to Injury
110
References
113
Injuries
115
Stability Fall and Injury
117
113 Fall Definition
118
114 Fall Injuries
119
115 Impact Surfaces
120
A Brief View of Osteoporosis A Biomedical Factor That Makes Fractures from Falling More Probable
121
122 Osteopenia
122
124 The Rates of Bone Loss in Women and Men with Age
123
125 The Prevention and Treatment of Osteoporosis
124
Endnotes
125
Fall Injuries
127
A Fall height and samelevel falls
128
C Protective reflexes for falls
129
D Impacted surface material
130
133 The Distribution of Injury Sites Resulting from SameLevel Falls
131
A Head injuries from samelevel falls
132
B Injuries of the spine from falls
136
C Fall injuries of the extremities
139
134 Summary
142
Endnotes
143
1411 Plaintiffs Attention Diverted
156
1413 Activities on Premises
158
1415 Proximate Cause
159
1417 SelfService Activities
160
Defenses in a Slip Trip or Misstep and Fall Case
163
154 No Prior Accidents
165
156 Snow and Ice
166
157 No Breach of Duty
167
1510 Static Condition
168
1512 Damages
169
1513 Affirmative Defenses
170
1514 Case Preparation
171
Slip and Fall Fact Circumstances
173
163 Slip on Ramp
174
165 Slip in Shower
175
1610 SelfService Activity
176
Table of Cases
177
Sample Deposition Slip and Fall Case Interrogatories
181
Applications
185
Level Surfaces
187
C Tile
188
F Sidewalks and concrete flooring
189
References
190
Stairways and Handrails
191
193 HighRisk Stairs
192
195 Winder Circular and Spiral Stairs
193
198 Handrails
194
199 Human Factors in Using Stairs
195
1910 Staircase Fall Patterns
196
References
197
Ramps
199
Ladders
201
C Fixed ladders
202
215 Safe Ladder Use
203
B Ascending or descending ladders
204
References
205
Vehicle Ingress and Egress
207
224 Conventional Tractors
208
225 General Trailers
209
References
210
Elevated Walking and Working Surfaces
211
234 Utility Value
212
238 Laws Codes Standards and References
213
Elevators and Escalators
217
243 Hazard Exposure
220
246 Hazard Awareness and Exposure Magnitude
221
248 Laws Codes Standards and References
222
Skylights
227
252 The Hazard
228
254 Utility Value
229
258 Laws Codes Standards and References
231
Warnings for Safe Pedestrian Use
233
263 PerceptualCognitive Factors in Warning Adequacy and Effectiveness
234
A Unexpected impediment in a level walking surface
235
B Unexpected change in level
236
264 Stairways
237
C Marking of stair treads
238
267 Driveways and Parking Lots
239
268 Curbs in Parking Garages
240
2611 Aisles in and Around Commercial Establishments
241
2613 Conclusions
242
The Fall Prevention Manual
245
The Fall Prevention Manual
247
Appendices
347
Friction and Slipperiness
349
Lighting
351
Walking Kinematics and Biomechanics How Falls Occur
353
Perception Why Dont We See What Is There?
355
Common Fall Incident Patterns
357
Preventive Actions
359
Premises Fall Incident Investigation
361
References and Bibliography for Codes Standards and Guidelines
363
About the Authors
365
Index
367
Copyright

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About the author (2007)

Gary M. Bakken is founder (1981) and principal of Analytica Systems International, Inc. (ASI), a firm established to promote human factors/ergonomics and safety based systems design. Dr. Bakken, a certified professional ergonomist, received his Bachelor of Science degree in mechanical engineering from Arizona State University in 1969. He received a Master of Science in safety from Central Missouri State University in 1974. Dr. Bakken obtained his Ph.D. in industrial engineering from Texas Tech University in 1983, where he specialized in human factors/ergonomics. Dr. Bakken has held many progressively more responsible positions in the United States Air Force, industry and academics. Dr. Bakken has been qualified as an expert witness in hundreds of litigated matters since he founded ASI. His unique educational and experiential background, combined with his meticulous attention to detail, provide ASI's attorney clients with exceptionally high quality reports, qualified expert testimony and effective technical case management. Dr. Bakken is the author of several technical papers spanning a variety of fields and he has co-authored two books. The first is Innkeeper's Liability Management, which provides the innkeeping industry with a single source for information on identifying, evaluating and controlling hazards typical to the business of operating a hotel or motel. The second is the first edition of Falls and Related Injuries, a comprehensive treatise on slips, trips, misstemps and falls. Dr. Bakken has made numerous professional presentations, sharing his knowledge of human factors, ergonomics and safety with diverse audiences nationwide. He keeps his knowledge current by teaching human factors and ergonomics in design courses in the Department of Systems and Industrial Engineering, in the College of Engineering at the University of Arizona.H. Harvey Cohen is president of Error Analysis, Inc., a human factors and safety research and consulting firm in San Diego, California. He received his Ph.D. in human factors/ergonomics from North Carolina State University in 1972. He is a certified professional ergonomist (CPE) and is a founding member of the Board of Certification in Professional Ergonomics (BCPE). Prior to forming his own research and consulting firms in 1977, Dr. Cohen was a senior research scientist with the National Institute for Occupational Safety and Health (NIOSH) in Cincinnati, OH and a postdoctoral research fellow with the National Aeronautics and Space Administration (NASA) at the Langley Research Center in Hampton, VA. Dr. Cohen has thirty-five years of professional experience and has authored over 150 scientific research publications in the human factors and safety fields, including eight books and major book chapters, including another recently published book from Lawyers and Judges Publishing Company entitled, Principles of Forensic Human Factors/Ergonomics. Throughout his career, Dr. Cohen has personally conducted over 7,500 incident investigations, has given over 1,250 depositions and has testified in U.S. courts in trial on over 350 occasions, about equally for plaintiff and defense, in over forty states,territories and Canadian provinces. Dr. Cohen specializes in premises, products, workplace, recreational, pedestrian, and transportation cases, focusing on the causes and means for prevention of human or user error-most notably slips, trips, missteps and falls in all types of settings.Jon R. Abele, an attorney licensed in Arkansas and Colorado, has ?fteen years' experience representing small business owners, including many hotel and motel operators. Raised in a resort community, Mr. Abele has personal experience in many phases of the hospitality industry that complements his legal experience. Mr. Abele has added his practical experience and legal expertise to Lawyers and Judges Publishing Company's Life and Worklife Expectancies and Innkeeper's Liability Management to create a volume that provides the hotel and motel operator with the advice necessary to tailor the hotel operations to avoid guest injuries or prevail in a lawsuit based on an accident that occurred on the hotel premises. Viewing the hotel operations through the eyes of an attorney allows the operator to discover potential injury-causing conditions in any area of the hotel's operation before a guest has an accident, suffers an injury and sues the hotel for the damages sustained.Alvin S. Hyde received his Ph.D. in physiology from Tulane University in 1953 and his M.D. from Tulane in 1957. Dr. Hyde held a fellowship in biophysics at Tulane from 1953 to 1956 He served as a member and then chief of the biophysics branch, Wright-Patterson Air Force Base from 1958 to 1967. After serving as a senior scientist for Wiley Laboratories in 1968, he became president of Bionetics Laboratories, a division of Litton Industries in 1969. Dr. Hyde was certified (diplomate) in family practice in 1974. He served as chief of emergency medicine departments at two hospitals from 1971 to 1981. He also served as project officer for the Dynamic Escape Simulator, a man-rated USAF centrifuge facility. Dr. Hyde has published four books and two dozen or so professional journal and technical reports concerned with human tolerance to impulsive forces over a wide range of impulse durations. He is a past member of the Advisory Group for Aeronautical Research and Development, NATO; member of the CHABA committee of the National Academy of Science/National Research Council; and a consultant to Life Sciences Division, Ames Research Center, NASA.Cindy A. LaRue is the senior vice president of Error Analysis, Inc. with degrees from Ohio State University and the University of Southern California. Ms. LaRue's human factors and safety training comes from a strong foundation in industrial engineering and systems management. Ms. LaRue has over twenty years of directly related professional experience in the human factors and safety fields and is a frequent collaborator with Dr. Cohen on company publications.

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