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Premise Liability - Talbott Associates, Inc

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Premise Liability

When guests come onto your property, what if they slip, trip, fall, get struck or otherwise get injured? TAI helps establish causation with advanced tools and common sense. Building Codes and national standards play a key role. The Excel Variable Incidence Tribometer (English XL VIT) is used for precise floor slip-resistance measurements. Staircase treads, landings, ramps, handrails, accessibility rules (ADA), and other Premise Liability vulnerabilities are routinely analyzed.

  • Slip and Fall, Trip and Fall
    Determine cause and nature of loss of footing.
    Evaluate surface traction (slip index) using XL Variable Incidence Tribometer, pull dynamometer, or other test equipment.
    Determine presence and effect of contamination.
    Evaluate tripping hazards with respect to geometry, stability, visibility, and warnings/markings.
    Analyze and advise as to applicable standards and industry procedures.
    Evaluate operations and maintenance.

    Boyer, T., “A Closer Look at Premises Liability: The Property Manager’s View,” Oregon Trial Lawyers Association, pp. 40-43, Spring 2012.
  • Stairway/Walkway Evaluation
    Determine cause of stairway/walkway falls.
    Evaluate stairway treads, landings, balconies, walkways, ingress/egress and handrail/guardrail geometry with respect to function and building codes applicable at the time of construction/renovation.
    Evaluate effects of compliant/movable coverings (e.g. loose carpet), modifications (e.g. adding floor covering at landing), and degradation (e.g. shape, position, strength, stiffness, traction).
  • Lighting / Visibility
    Determine cause of loss/injury.
    Evaluate residential, commercial, and industrial illumination levels, visibility, contrast, transitions, and warnings/markings with respect to function, codes and standards.
    Evaluate operations, maintenance, automatic control systems, etc.
  • Transient / Dynamic Hazards
    Determine cause of loss/injury.
    Evaluate moveable/changeable hazards such as accumulated or flowing water (perhaps frozen during the incident), powered automatic doors, door closers, elevators/escalators/conveyors, tools/moving equipment, repair work in process.
  • Electrical, Toxic and Enviromental Hazards
    Determine cause of loss/injury.
    Evaluate electrocution hazards, grounding failures, transmission line voltage or isolation problems, GFCI performance/requirements, component failures, lockout/tag-out hardware and procedures, installation and maintenance problems.
    Evaluate toxic and environmental hazards including product and chemical use and storage, protection from harmful temperature exposure (e.g. hot coffee, heating elements), sound level measurements, etc.