ARTICLES

12/15/2015· Accident Investigation & Reconstruction

Forensic Clues: Tree Stand Accidents

By: John Ryan, BSME, PE

Tree stand accidents occur frequently during hunting season, causing a variety of injuries from broken bones to paralysis and death. Tree stand accidents involve a variety of causes, including falls from the tree stand, collapse of the tree stand, fires, self inflicted gunshot wounds, and asphyxiation. A study by the Center for Disease Control examined hunting accidents from 1979-1989. 214 of 594 deer hunting related accidents involved tree stands. 52% of these tree stand accidents were due to falls from the stand, 32% were due to collapse of the tree stands.

12/15/2015· Transportation

Bad Regulations and Worse Responses: Part 1 - Introduction

By: Ned Einstein

Like every mode of public transportation, and for almost every aspect of our society, the motorcoach industry has, over the decades, been affected significantly by regulations. Some of these experiences were challenging yet produced dramatic results that, among other benefits, have saved us money. One terrific example is that modern motorcoaches dump perhaps one percent of the particulates into our environment than they did a mere two decades ago. Here, the regulations, though challenging, were at least realistic. But our industries' (and other bus modes') responses to it - effectively our engine manufacturers - were far more important than the regulations: Their responses were magnificent.

12/11/2015· Construction

Modular Cabinet Systems Retail Store Fixtures: Injuries from Improper Installation

By: Michael Panish

I have been the retained expert witness by both the plaintiff and defendant to determine the causes of a variety of significant injuries that have happened as a result of improper cabinet and millwork installation practices. In most claims, if product abuse or deferred condition was not the reason for the injury, poor installation practices that have omitted required hardware was to blame. Architectural millwork injuries have occurred repeatedly in shopping centers and malls, hotels, hospitals, airports, and offices throughout the country. Casinos and restaurants are also routinely the location of significant cabinetry related failures leading to serious injuries. Many offices and industrial buildings that utilize modular furniture have had employees injured by improper or completely unattached components. In my other articles, improperly attached architectural millwork has been discussed. Heavy mirrors and headwalls have fallen upon hotel guests while they were asleep in bed. Generally, these failures occur due to lack of appropriate fasteners, missed structural connections, or product tampering.

12/9/2015· Intellectual Property

Apportioning Copyright Damages: The Case of 'Blurred Lines'

By: Doug Bania

Most of the existing literature on copyright infringement is concerned with the valuation of intellectual property rather than the apportionment of the value that is directly attributable to the intellectual property asset at issue. Further, few of the currently proposed IP valuation methods and little of the literature addressing the determination of damages appears directly applicable to the case of copyright in the context of artistic productions. Within the creative arts, recorded music offers a particularly complex and interesting case within which to explore this issue, as different portions of the relevant copyright to the recorded song may be held by different persons.

11/20/2015· Legal Issues

Subpoenas: What They Are And How To Respond To Them

By: Darryl Horowitt

Every day, in almost every city, and in almost every state, a business is served with a subpena. Your business may have received one in the past or may receive one soon. For those who are not regular participants in lawsuits, subpoenas are a mysterious document which you should know about.

11/18/2015· Transportation

Buses and Motorcoaches: The Price of Digital Madness

By: Ned Einstein

The explosion of digital technology has triggered increases in vehicle costs, purged small and medium-sized companies from the transportation landscape, and contributed to a nationwide shortage of qualified drivers. But it has taken its greatest toll on management, where supervisors with a genuine understanding of transportation are gradually being replaced by armies of "templeteers."

11/12/2015· Accident Prevention & Safety

Waiting for a Transformation

By: Thomas Barth

As I see it, there needs to be some changes made in the crane industry. So much rides on updated federal regulations, featuring multi-lateral programs that are created and set in place by a network of people with little or no field experience (yet they are considered to be either "experts or professionals").

11/11/2015· Insurance

Workers Comp Shock Audits: 5 Common Causes

By: Edward Priz, CPCU, APA

Employers generally realize that the initial premium they pay for Workers Compensation insurance isn't the final premium for that coverage-Workers Comp is normally subject to an audit after the policy ends, to adjust premium charges based on actual payroll amounts. When the policy starts, after all, payroll amounts can only be estimated for the coming year. So it's routine for employers of any size to undergo a Workers Compensation premium audit, and to receive an audit statement that often seeks some additional premium.

11/9/2015· Accident Investigation & Reconstruction

Forensic Clues: Ladder Accidents Part 2 - Extension Ladders

By: John Ryan, BSME, PE

This issue of Forensic Clues is the second installment of an examination of ladder accidents. Last month we explored stepladders, this month we will be discussing extension ladders. Ladder accidents are a very common occurrence. Over half a million people annually seek medical attention due to ladder accidents. Over three hundred people are killed yearly in these often preventable accidents. This is a serious problem.

11/2/2015· Transportation

Buses and Motorcoaches: Fatigue Monitoring Reality

By: Ned Einstein

In the last installment of National Bus Trader, "Fatigue Monitoring Technology" presented an overview of the approaches and devices in development, and available, to prevent and detect driver fatigue. But unlike prevention technologies, fatigue detection devices raise a unique question: What happens when they work?!