banner ad

Disability - Accessibility - ADA Expert Witnesses

Sort Non-Featured Profiles by
< 1 2 >
Check for SynapsUs
Michael Panish
Construction Expert Witness & Consultant
PO Box 725
Woodland Hills, CA 91365
---------- Available ----------
ALL STATES
USA
phone: 818-429-1963
fax: 818-888-7302
michael-panish-logo.gif
Mike Panish is an expert witness & consultant for most construction trades, specializing in automatic door systems and door sensors, door, door hardware, cabinetry, and architectural millwork.

Extensive experience working for plaintiff & defense (Federal & State). Highly credible & solid testimony.

Licensed in CA as a General Building Contractor, Electrical Contractor, Door, Lock & Security Equipment Contractor, Cabinet & Millwork Contractor, and Painting & Finish Specialties Contractor. 30+ years hands-on experience in all construction trades.

Local to CA & New England. Nationwide Inspection & Testimony.

Mike Panish is the most retained and the leading expert witness for Automatic Door injuries / Wrongful Death and Door Defects and Injuries. Security issues relating to daycare & healthcare centers. Construction defects, product liability, poor workmanship relating to contractor vs homeowner disputes and contractor fraud.

Areas of Expertise:
  • Automatic Door Personal Injury, Wrongful Death Cases
  • Door and Door Hardware Personal Injury, Wrongful Death, Defects Cases
  • Cabinetry, Architectural Millwork, Furniture Personal injury, Defects Cases
  • Slip, Trip, Fall / Railings / ADA Personal Injury Cases
  • General Construction (all trades) Defects Cases, Personal Injury Cases, Wrongful Death
  • Premises Liability, Premises Security for Criminal Cases, Elder Abuse Cases, Wrongful Death
  • Building Inspections (all types), Site Evaluation, Product Evaluation, Defect Analysis, Poor Workmanship, Costs & Estimates, Plans Analysis, Proper Installation, Claim Analysis
View Michael Panish's Consulting Profile.
1/5/2016 · Construction
As a construction expert witness, I am often asked about the importance of using safety equipment. I have many years of personal experiences with the proper observance of safety procedures and appropriate safety equipment requirements.

12/11/2015 · Construction
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.

11/2/2015 · Construction
Mechanical fasteners, when properly used as recommended by the manufacturer, almost always assure safe and secure attachment of a fastened product. In commercial and residential applications, injuries resulting from mechanical attachment failures have often been attributed to inappropriate usage of products, improper installation procedures, or the failure of a poorly manufactured fastening product. When a product becomes disconnected from its point of attachment, serious personal injury can result.

10/13/2015 · Construction
This article will discuss plastic laminated products only. Although many other laminated materials are used for residential and commercial applications, plastic laminates are one of the most common products involved in casework claims and personal injuries.

8/31/2015 · Construction
My job as a cabinetry and millwork expert witness is to inspect and evaluate casework, cabinetry, or millwork that may have either failed or may be deficient in some way. Many of the past cases where I have been designated as the cabinetry and millwork expert witness have involved analyzing products that no longer exist because they have either been replaced or destroyed. What is available for review is often in the form of architectural elevations (renderings), photographs of the damaged cabinetry, or shop drawings and samples of the materials that were used. Generally, there is a question as to what entity is responsible for the monetary loss sustained. The usual course of action by attorneys is to sue all parties in the chain of events, from design through installation.

7/21/2015 · Construction
Having recently testified as the door hardware, lock and security expert witness on a very serious elder abuse case involving the rape of a 93 year old resident of a retirement home, I am intimately aware of the potential for physical violence and neglect aimed directly at senior citizens. The following is about a completely different kind of abuse involving our senior population.

6/18/2015 · Security
Rape and patient abuse are more prevalent and common place in daycare and long term skilled nursing facilities than anyone would think possible.

5/19/2015 · Legal Issues
The first two questions that I am often asked by attorneys during deposition or trial testimony are "On what percentage of cases do you work for the Plaintiff?" and "On what percentage of cases do you work for the Defense?"

4/21/2015 · Construction
Most of the misunderstandings pertaining to contractor and homeowner relationships occur as a result of unclear or wrongly interpreted construction contracts. Upon entering into a building contract, the enthusiasm for starting the proposed work often creates a kind of glazing over or dulling of the senses on the part of the homeowner. Many times questionable terms and arrangements for payment scheduling are accepted or unknowingly agreed to as the homeowner's urgent desire to start work overshadows common sense. Often, the lowest priced contractor seduces the homeowner with promises of more value for the money.

3/19/2015 · Construction
As a Construction Expert Witness, I have been involved in numerous homeowner vs. contractor lawsuits that turned out to be directly created by contractor fraud. In this article, I have combined a few different actual cases, highlighting the various tactics used by dishonest contractors to bait and then hook the homeowner. In all of these cases, the homeowner prevailed.

2/18/2015 · Construction
The need to have increased security to public venues such as airports, schools, religious facilities, day care centers, shopping centers, and government buildings is nothing new. However, it has become apparent that many unexpected assaults and deadly attacks are coming from individuals that have gained a certain level of intimacy with the venues and organizations that they are invading. The attackers are not necessarily strangers, but people we know.

In December of 2012 a gunman broke into Sandy Hook Elementary School in Connecticut and viciously murdered 20 children and 6 administrators. Adding Sandy Hook Elementary School to a growing list of other tragic school shootings confirms that any educational institution should be considered a viable target for future attacks.

Every good attorney needs to consider the validity of every potential claim. As the most frequently retained door expert witness, working for both Plaintiff and Defense evenly, I have been retained on door injury and wrongful death claims that were not caused by malfunctioning doors or door hardware. As discovery has often shown, people in poor physical or mental condition who are left unattended or unassisted while moving through properly functioning doorways are often the genesis of their own injuries. All commercial venues have the responsibility to maintain their facilities to industry wide standards, seek proper routine maintenance, and provide daily inspections of their door systems. However, it is difficult to provide safe passage to every patron of their facilities when some of those patrons may include persons requiring diligent physical supervision, special assistance walking, or have special needs due to disease, mental incapacity, or other unknown infirmities.

Injuries resulting from panic hardware are more prevalent than you might think. Injuries can be due to lack of maintenance on these devices and/or installation of spurious parts or components.

One of the most common types of expert related calls that I receive pertains to some sort of door injury. Door injuries caused by automatic pedestrian doors, manual doors, or garage doors often lead to serious and potentially life threatening high dollar liability and personal injury lawsuits. My case load as a door expert witness is evenly split between plaintiff and defense. I have written articles, testified, and been consultant on many door injury cases throughout the country and abroad. In addition, my services have been utilized by defense teams representing cross defendants such as door maintenance companies also named in the chain of commerce.

As a door expert, I am called upon many times a year to evaluate garage door injuries. In my professional career as a general contractor and door & hardware contractor, I have installed many different types of garage doors. I have been involved with roll up doors, both for commercial warehouse applications and automotive repair facilities that allow the passage of a motor vehicle. I have installed and serviced life safety/fire drop doors typically seen in hospitals, pharmacies, labs, shopping centers and other commercial venues. I have placed sectional doors in apartment buildings, single family homes and condominiums. My company has custom built many types of garage enclosures that have had special cosmetic concealed purposes for themed attractions. Working on historic buildings has given me the opportunity to work on sliding barn type doors, hinged parting doors and old carriage style swinging doors. I have removed and replaced the older style, overhead vintage single panel pivoting hinged garage door from commercial and residential locations, and have installed a variety of newer and safer products.

The overhead or floor mounted concealed door closer is a very common type of door closer mechanism which is normally unseen and unnoticed. In the majority of installations, these concealed closers are used on aluminum glazed storefront doors, hollow metal stand alone, or structural framed window systems. The concealed door closer design concept was initially engineered as a self-contained product that featured a center pivot allowing a variety of door functions with no exterior arm or visible operating hardware.

During the past several years I have been contacted many times regarding door injury claims related to manual door closers. In response to numerous inquires asking if I have published any manual door closer articles similar to the primers I have done on automatic pedestrian doors, I am offering this article for general information to assist attorneys in determining potential issues relating to manual door closer mechanisms.

We are all used to opening and closing doors on a daily basis. Unless you encounter a problem with the function of your doors, you probably don't give their operation and component make up much thought. I am continually contacted by attorneys seeking my advice on an injury that took place because of an improperly adjusted or malfunctioning door. In this article, I am simply discussing manually operated doors. Nothing fancy or automatic about them, the kind where you grab a lever, push a plate or bang on a bar to enter or leave a room or building. So, if you want to learn to communicate professionally and simply with your door expert or even your building manager, read on.

If you run an active automatic door service company it is not a matter of IF you will be sued . . . it is a matter of WHEN ! What every door service provider can do to proactively protect their business.

Automatic doors are generally grouped into two major categories. Low energy and high energy doors. The difference between the two types of doors pertain to the ways that the doorways operate.

As the retained expert witness on many overhead door injury and wrongful death cases, some of the injuries I have seen include injured or severed fingers and limbs, bodily trauma, and death. Disabling injuries often lead to involved lawsuits due to the combination of jobsite and employer, landlord and tenant contractual agreements, and property owner liability insurance coverage. Knowing who is responsible for maintenance and inspections of these doorways is essential.

In conjunction with many other articles that I have had published pertaining to high energy doors, or what most people think of when they say automatic doors, low energy systems can be equally dangerous and need to be appropriately and properly maintained.

Within the past few months, I have been retained as expert witness to evaluate revolving door injuries in over a dozen different locations nationwide. While I usually see an even distribution of sliding door, swinging door, and revolving door injury cases, the revolving door injuries currently seem to be the most prevalent. What is particularly interesting is that no two of my recent cases were created by the same problem.

I have been involved in many automatic door cases during the past few years working for both plaintiff and defense. As discussed in one of my previous articles (The Ins and Outs of Automatic Door Operation), automatic doors are highly complex pieces of equipment that require daily attention. Most injuries occur when some component of the automatic door system malfunctions.

A basic primer in how they work, what to look for, and how to analyze defects vs. deferred maintenance. Expert door contractor, Michael Panish, takes you through the basics for your case. A basic primer about Automatic Door functions.

Check for SynapsUs
Peter R. Leffe
P.O. Box 1331
Venice CA 90294
USA
phone: 310-346-1116
Peter-Leffe-Failure-Analysis-Expert-Photo.jpg
Peter Leffe offers Consultation services and Expert Witness testimony in Accident Investigation and Reconstruction. Mr. Leffe has 22 years experience conducting investigations and reconstructions for both plaintiff and defense firms. Deposition and trial experience in both state and federal courts.

Areas of Specialization:
  • Skiing Accidents
  • Aviation Accidents
  • Accident Reconstruction
  • Construction Defects
  • Sports and Recreation Accidents
  • Background:
    B.S. Mechanical Engineering with Metallurgy, Indiana Institute of Technology.
    Master of Architecture, University of California Berkeley.
    Diploma in Accident Investigation, University of Southern California

    Licensed and Registered Architect
    Member American Institute of Architects
    Diplomat of the National Counsel of Architectural Registration Boards
    FAA Airline Transport Pilot rating
    FAA Aircraft Mechanic License

    For detailed information, please refer to web site www.PLeffe.com.
    Check for SynapsUs
    Dr. Randall Atlas, AIA, CPP
    Vice President
    333 Las Olas Way Suite 1605
    Ft. Lauderdale FL 33301
    USA
    phone: (305) 332-6588
    fax: 305-754-1658
    Dr. Randall Atlas AIA , CPP is a Registered Architect, NCARB certified, and he practices Criminal Justice Architecture and Environmental Security Design. Atlas is a certified protection professional (CPP) with the American Society of Industrial Security (ASIS), and is an appointed member of the ASIS Security Architecture and Engineering Committee. Atlas has his doctorate in criminology and a masters of architecture. Dr Atlas is a member of the American Institute of Architects (AIA) Architecture for Justice Committee.

    Dr. Atlas has taught CPTED (Crime Prevention through Environmental Design) and criminal justice courses at Florida International University, Florida Atlantic University, and the University of Miami, Keiser University, and he is a trainer with the National Crime Prevention Institute at the University of Louisville. Dr. Atlas has been a technical Assistance consultant with the National Institute of Justice, National Institute of Corrections, and the Florida Department of Corrections and U.S. HUD Drug Elimination CPTED Program.

    He has conducted ADA accessibility compliance audits for private and public sector clients, and served as an expert witness on over 200 premises liability lawsuits.

    Dr. Atlas has been a speaker and trainer at security conferences from New Delhi, India to Seattle, Washington and has written over 200 articles in various publications on security, safety, and counter terrorism issues.
    9/26/2011 · Security
    Creating safe schools is the responsibility of the entire community where a school or school system resides.

    7/20/2011 · Security
    BETWEEN LATE 2009 AND MARCH OF THIS YEAR, a national baked goods chain with franchises in Broward County, Florida, experienced a series of nighttime burglaries that resulted in thousands of dollars in stolen cash and damaged property.

    5/31/2011 · Security
    When it comes to the issue of safety in schools, it is important to remember that long before the students walk the halls, a design team creates the building and its grounds, envisioning the subsequent relationships with its occupants.

    3/15/2011 · Security
    Last June, 18-year-old Kelsey Smith was forcibly abducted from the public parking lot of an Overland Park, Kansas, Target store.

    2/3/2011 · Security
    The "form follows function" tenet of 20th century architecture holds that the specific functional requirements of a building should determine design criteria.

    Randall A. Atlas, PhD, AIA, CPP
    This is the first and only book of its kind dedicated to the contributions and importance of Crime Prevention Through Environmental Design (CPTED). It will educate the reader and design professional on the necessity of CPTED in reducing risks, threats, and vulnerabilities of and to our built environment post-9/11…
    The American Institute of Architects
    This important reference from the American Institute of Architects presents a useful resource of fundamental, up-to-date information for security planning in both new and existing facilities.
    Check for SynapsUs
    Carl E. Peters, PE, PLS, PP, CO
    4525 Route 27
    Princeton NJ 08540
    USA
    phone: 609-751-4104
    Carl-Peters-Municipal-Engineering-Expert-Photo.jpg
    Carl E. Peters, PE, PLS, PP, CO, has a broad range of expertise in the areas of Land Use, Municipal Engineering, and Code Enforcement in the State of New Jersey. His rare combination of professional credentials enables him to analyze the development process from concept design through issuance of a Certificate of Occupancy. He is one of fewer than ten people in New Jersey who holds licenses as a:
    • Professional Engineer
    • Professional Land Surveyor
    • Professional Planner
  • Construction Official
  • Building Official
  • Plumbing Official
  • Litigation Support - Mr. Peters' expertise is beneficial in the resolution of disputes between project owners, design professionals, contractors, and insurance carriers. He has testified before the Planning Board, Zoning Board, Historic Preservation Review Committee, and Site Plan Review Advisory Board, and NJ Civil Courts. He is also a mediator on the roster of the NJ Civil Courts.

    Mr. Peters provides litigation support for counsel representing both Plaintiff and Defense. His cases have involved:
    • Engineering Matters
    • Property Line Disagreements
    • Drainage Problems
    • Streets and Sidewalks
    • Sewers
    • Construction Disputes
    • Land Use
  • Land Surveying
  • Construction Codes
  • Construction Permits
  • ADA Compliance
  • Local Government Matters
  • Engineering Malpractice
  • View Carl Peters' Consulting Profile.
    Check for SynapsUs
    Edward Bennett, MS, CRC, CDMS, CLCP
    5290 Overpass Road, Suite 118
    Santa Barbara CA 93111
    USA
    phone: 805-692-1823
    fax: 805-692-1827
    Edward L. Bennett, MS, CRC, CDMS, CLCP, is a Vocational Rehabilitation consultant with over 40 years of experience in the field. He has a Master’s of Science in Rehabilitation Counseling as well as various certifications in the field.

    Mr. Bennett has provided services to 5,000 ongoing cases, has participated in approximately 1,500 forensic evaluations to date, along with approximately 900 depositions, and has testified in trial for approximately 500-600 cases. He offers his services to attorney for both Plaintiff and Defense.

    Mr. Bennett provides expert testimony on cost of future medical needs in catastrophic cases of TBI / head trauma, spinal chord injury, vaccine issues, amputations, elder abuse / neglect, pediatrics, sexual abuse, burns, and others. Other cases include pre vs. post injury Career Path and Earnings Capacity for the following cases:
    • Personal Injury
    • Medical Malpractice
    • Wrongful Termination
    • Wrongful Death
    • Martial Dissolution
  • Maritime
  • ADA Employment Consultations
  • FEHA Reasonable Accommodations
  • Household Duties Loss Evaluations
  • Accessibility Issues
  • View Edward Bennett's Consulting Profile.
    Check for SynapsUs
    James Rappoport, AIA, NCARB
    Vice President, Principal
    2121 Market Street
    Philadelphia PA 19103
    USA
    phone: 215-636-9900 ext.325
    James-Rappoport-Architect-Urban-Planning-Expert-Witness-Photo.jpg
    James Rappoport, AIA, NCARB is Principal and Architect of Record at Daroff Design Inc. + DDI Architects PC, a full service Planning, Architectural & Interior Design practice founded in 1973 and specializing in ground-up, renovation and historic adaptive reuse projects for office facilities, hotels, resorts, restaurants, meeting, conference and training facilities, aviation terminals and entertainment projects throughout the USA and Internationally.

    Mr. Rappoport has successfully provided technical consultation, expert witness opinions, affidavits, certificates of merit, depositions, mediation presentations, testimony and trial support in more than 190 legal cases, engaged by both defendants' and plaintiffs' legal teams.

    Areas of Expertise:
    • Architecture
    • Architectural Codes / Design & Standards
    • Architectural Design
    • Architectural Practice
    • ADA - Accessibility Compliance
    • ADA - Accessibility Design
    • Building Codes & Ordinances
    • Construction & Architecture
    • Construction Claims
    • Construction Disputes
    • Facility Programming
    • Furniture, Fixtures, & Equipment Specifications
    • Furniture, Fixtures, & Equipment Failures
  • Hotel & Resort Design & Planning
  • Interior Design & Planning
  • Office Building Design & Planning
  • Owner – Architect Agreements
  • Owner – Contractor Agreements
  • Professional Liability (Architecture & Design)
  • Project Planning
  • Slip – Fall Accident (Causes)
  • Site Assessment & Development
  • Site Planning & Design
  • Standard of Care (Architecture & Design)
  • Urban Design
  • Urban Development & Planning
  • View James Rappoport's Consulting Profile.
    Check for SynapsUs
    Edward F. Dragan, Ed.D.
    Principal Consultant
    49 Coryell Street
    Lambertville NJ 08530
    USA
    phone: 609-397-8989
    fax: 609-397-1999
    edward-dragan-photo.jpg
    Professional consultation for schools, attorneys and individuals. Court-qualified education administration, liability, school review and special education expert. More than 30 years experience in education. National practice.

    DOCTORATE: Rutgers University - Education Administration.

    MASTERS: College of NJ - Special Education.

    MASTERS: Franklin Pierce Law Center - Education Law.

    LAWYERS - Document review. Case analysis, development and litigation support. Expert reports. Deposition and trial testimony. School evaluations and comparisons for matrimonial issues.

    SCHOOLS - Liability and management assessments. Policy review and recommendations. Program review and development. Special seminars.
    Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program, including in colleges and universities, if those programs or activities associated with the institution receive federal funding. Under Title IX, sex discrimination includes sexual harassment, sexual battery, sexual assault, rape and other sexual violence at school, college or university campuses. Any behavior that disrupts a student's access to an educational opportunity or benefit constitutes a violation of Title IX. Recent media coverage has brought to light the controversy over the six-month sentence for a former Stanford University student for the rape of a student on campus. There has been outrage over the sentence, and that outrage might be justified, given schools' responsibilities in similar cases.

    Some of our most vulnerable children are relegated to a life away from parents, family, and their school to live where other adults take the place of their parents and are responsible for their custody or care - legally defined as in loco parentis. This occurs when children are placed in residential centers for the treatment of mental illness, schools for the deaf and blind, or similar facilities for children who require extensive medical care and management.

    Nationwide, 7.6 million students participate in interscholastic athletics, according to U.S. News and World Report. Keeping them safe is critically important to avoid school liability and sports injury lawsuits. And when sports injury occurs, schools may be found responsible if they failed to take reasonable precautions and supervision of students in order to prevent sports injury. Parents send their children to school with the implicit expectation that schools will do whatever is necessary to keep them safe whether in the classroom or on the football field.

    As difficult as it might be to accept and understand, abuse of children is occurring at an alarming rate in our nation's schools, daycare centers, camps, and other institutions. Even with state laws that require child abuse reporting and institutional policies that address sexual abuse prevention, identification, and reporting, abuse is not going away. More civil lawsuits are filed with each passing year, and schools and other organizations are not always appropriately responding to this epidemic.

    In the wake of recent incidences of gun violence, school safety and security has become an increasingly pressing concern in the United States and Canada. Schools, summer camps, daycare centers, and other agencies charged with the safety of children have a duty to protect them, and their ability to do so depends on solid policies, training, and appropriate response to security threats. Laws, regulations, and internal policies designed to shield children from harm may be developed proactively in response to a risk assessment or reactively in response to an event that caused injury to a child. Both are valid options in today's climate of terroristic threats to school safety and security. Inaction is not. Schools and other child-centered programs must consider and develop appropriate responses to this new dynamic.

    Risk of personal injury to children is reduced when activities, facilities, equipment, personnel, and supervision are brought into compliance with "standards." There are several sources of standards. Some standards are mandated by law through statutes. Additional standards are set forth by oversight authorities, such as the American Academy of Pediatrics, the American Camping Association, the National Federation of High School Athletic Associations, or the U.S. Consumer Product Safety Commission, to name a few. Other standards involve the customary professional practice of those conducting such activities. Ignorance of such standards is no excuse for failing to comply and schools and agencies with children have a duty to be proactive about implementing standards in order to prevent student injury.

    Many school-aged children have medical conditions about which teachers, nurses, and others who are responsible for their health, safety, and well-being should know. If not addressed in the right way by administrators, teachers, or other officials, these conditions can result in a catastrophic incident, not to mention costly litigation. A student with a known heart defect, for instance, is vulnerable in a physical education class if the teacher is not informed of the child's condition and does not institute appropriate precautions or prepared to respond in a medical emergency. If cafeteria personnel in a daycare center know that a child has a peanut allergy but fail to supervise the child appropriately, the child can go into shock if she is allowed to sit at a table where another student is eating peanut butter. In situations like these, if a plan for the child's care was either not in place or developed but not communicated to the staff, the child might suffer irreparable harm - or even die.

    In my profession as an education administration and student supervision expert, I have observed that residential schools and boarding schools present a higher duty than day schools to supervise children and a greater opportunity for the school to be found liable for child abuse and injury. When children are living and learning in a program 24/7, staff must demonstrate not only a professional standard of care, but also a reasonable and prudent parent standard of care. Although related, these standards are distinct and must be appropriately and reasonably applied in a setting where staff serves as surrogate parents and others serve as teachers, counselors, and psychologists. When a child is sexually assaulted, administered unnecessary corporal punishment, or is injured or dies in a residential school, both of these standards need to be addressed.

    The first responsibility of educators and those who supervise children in residential programs, day care centers, before- and after-school programs, and other settings is to make sure that these programs foster learning and care in a safe environment. Asking third graders to move a cart with a heavy TV on top, inadequate staff instruction in safe techniques to quell disruptive students, not carefully checking that the door to the pool closes and locks the way it is supposed to, excessive discipline, playground aides talking among themselves but failing to pay attention to the children, not providing a sufficient number of nighttime supervisors in a dormitory, and a school police officer not trained on how to interact with children with behavioral disorders - any of these circumstances can lead to student injury at school or death of a child and high litigation costs. The overriding professional standard of care is to protect children's health, safety, and well-being. Under this umbrella fall the development and implementation of policies, adequate staff training, and a level of supervision reasonably calculated to keep children safe.

    7/7/2015 · Child Welfare
    In settings where children are supervised by adults, we often think about traditional settings, such as schools and summer camps. But these are not the only places where children participate in activities that require adult supervision and which can result in child injury cases. Some nontraditional settings include resort and vacation day care programs, community recreation centers, church-sponsored events, and Boy and Girl Scout activities, among others.

    For schools, summer camps, and day care centers, one of the key functions of student supervision is to identify dangerous conditions and then either stop the activity or warn of the danger. The supervisor must take appropriate action for the protection of the children. Duty to warn contemplates both having knowledge of danger (actual or constructive notice) and having time to communicate it. Field trip injuries are very common and there is an equal duty to protect when children are off campus but still under school supervision, such as when children are on a school-sponsored trip. Excursions off school property present special challenges. Careful planning ahead of the trip, knowing about potential safety hazards, and creating a plan to avoid or mitigate them can help to protect a child from field trip injuries and a school from liability lawsuits.

    Keeping children safe in schools, preschool and daycare programs, summer camps, on playgrounds, and other locations is a primary responsibility of those who administer such programs. When a child becomes injured and the claim is negligent supervision, a school or other agency will have a greater chance of prevailing when it has clear policies and enforces them. In school premises liability lawsuits plaintiffs are more likely to prevail when a facility fails to maintain its campus and equipment, does not have a regular inspection plan, and does not instruct and supervise students in the safe and appropriate use of equipment.

    Employment decisions in public and private schools should be based on qualifications, performance, merit, and seniority, rather than race, national origin, gender, religion, age, or disability. Teachers and other school personnel can sue for employment discrimination if they are wrongfully dismissed or demoted, if they were prevented from initially obtaining a job, or not appropriately accommodated for a disability or medical condition. Most employment discrimination violates either state or federal law, and legal protections are found in the 14th Amendment to the Constitution and Title VII of the Civil Rights Act of 1964. Additionally, two primary federal statutes prohibit disability discrimination in employment: the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990.

    2/6/2015 · Child Welfare
    When child abuse is alleged to have taken place in a school, daycare facility, preschool program, summer camp, or other entity responsible for the supervision and safety of children, there is always the possibility that the entity may be liable if negligence can be established. Schools and other entities with a duty to protect children often become embroiled in lawsuits alleging that breach of this duty was a proximate cause of a child's injuries. Though laws vary, states adopt a broad definition of child abuse, including physical and emotional abuse, neglect and abandonment, incest, sexual molestation, and sexual exploitation. Typically, a child abuse report must be made to a designated state agency responsible for child protective services when a person, in his or her official capacity, suspects or has reason to believe that a child has been abused or neglected, or knows that a child has been subjected to conditions that could reasonably be expected to result in harm.

    School coaches have a duty to protect athletes from harm, including emotional or physical harm that may result from locker room hazing. High school hazing in athletics has many beginnings - the most prominent being an attitude of superiority among senior athletes and the belief that a weaker or younger athlete must be subjected to harassment to "make the grade" or to be "good enough" to be on the team. This mentality, if left unchecked and if students are allowed to participate in hazing behaviors, eventually can result in even more serious misconduct, such as sexual harassment and serious personal injury.

    When a student personal injury in a public school triggers litigation, plaintiff and defendant attorneys must address the concept of governmental immunity. In general, governmental immunity shields public schools from tort litigation and liability. Governmental immunity is not universally applicable, however, depending on how the facts of a specific case accord with state or provincial laws. This article is about how governmental immunity in public school cases might be pierced and how schools can determine whether governmental immunity applies in school liability cases.

    Millions of children participate in programs operated by daycare centers, nursery schools, and camps across the United States and Canada. The most important aspect of childcare is the safety and supervision of children. When a teacher, recreation leader, camp counselor, or other supervisor is engaged in activities involving young children, there is a duty to protect the child from physical harm, sexual abuse, and other forms of personal injury. A breach of duty to protect the health, safety, and welfare of a child that leads to injury may result in daycare negligence lawsuits.

    In 2011, the U.S. Department of Education Office for Civil Rights (OCR) issued a "Dear Colleague" letter to college and university administrators about implementation of Title IX of the Education Amendments of 1972 in regards to campus sexual assault cases. Title IX prohibits discrimination on the basis of sex in education programs or activities in schools that receive federal funding. The letter explains that schools are required to develop and distribute policies regarding sexual harassment, designate a Title IX coordinator to oversee the school's duties, train staff and students in sexual harassment and violence issues, and establish an investigation procedure and an adjudication process. The letter did not articulate specific procedural safeguards, rules for the examination of evidence, or guidelines for the conduct of adjudication or hearing processes for cases of campus sexual violence.

    Harassment in schools can occur when a student is discriminated against on the basis of national origin, race, religion, disability, sexual orientation, gender, or other identifiable class. A school district may be found liable for harassment if there is no strong, widely disseminated, and consistently enforced policy prohibiting it and no effective complaint procedure is in place. Schools can also be held responsible for the consequences stemming from a failure to take immediate, appropriate steps to respond to a complaint about harassment or bullying, terminate it, and discipline the offending party, be it an employee or another student. When a school has knowledge that a hostile environment exists but does not act on this knowledge, it can be viewed as giving tacit approval to this activity. In such cases, school districts have been found liable for enabling hostile school environment that prevents students from learning.

    The relationship between private schools and their students is very different than the one that exists when a student is in a public school. In private schools, the relationship is contractual in nature. The contract is expressed or implied in written documents, such as promotional literature, student applications, and student and staff handbooks. By contrast, the relationship between public schools and students is governed by federal and state statues, such as the Individuals with Disabilities Education Act and Title IX. In public schools, students are afforded constitutional, substantive, and procedural protections that are generally not applicable in a private school. In private schools, academic and conduct issues involving students raise contractual, as opposed to constitutional, issues.

    Injuries are a part of intramural and extramural sports and recreation programs. According to the National Federation of State High School Associations, high school athletes account for 2 million injuries, 500,000 doctor visits, and 30,000 hospitalizations each year. There's a certain level of risk assumed by a child who participates in any physical activity, but the school or agency has a general duty to protect children from harm to avoid school sports injury lawsuits. Dereliction of that duty may result in any number of situations that a jury may consider negligent, such as failure to develop and implement appropriate policies and procedures for supervision, poor maintenance of equipment, or inadequate instruction of children about the dangers inherent in their activity.

    Student injury or death often brings negative attention to a school. In fact, the first thing often reported publicly is an injured party's claim that an incident stemmed from the negligence or misconduct of a staff member responsible for a child's safety - a teacher, coach, or bus driver, for instance. But a student injury or death can result from any number of situations. These might range from school-related action or inaction, such as a breach of school security or failure to follow a student's medical orders, to a student's own actions and choices triggering a contributory negligence defense.

    For schools, daycare centers, after-school programs, and camps, children with disabilities often present significant supervisory challenges. If these children's needs are not adequately addressed and a child is seriously injured or killed, negligent supervision may be viewed as a proximate cause. But what constitutes reasonable supervision of children with behavioral or physical disabilities? It depends on the unique needs of the student and a school's standards for protecting that student from harm.

    This article reviews recent legislation and how that legislation effects compliance with student IEPs in regards to the equipment that can improve a student's ability to learn and interact with teachers, family, and friends. The article details the recommendation of devices and the school's responsibility in regards to their procurement, usage, and maintenance.

    Recently, a Seattle student with cerebral palsy was awarded $300,000 in damages from her school after years of harassment by another student was allowed to take place. Her harasser regularly called her names, blocked her wheelchair's path with furniture and manipulated her chair's electronic controls so it rammed into walls. It was not until the harasser caused his target serious physical injury and property damage that school officials responded formatively to his hostility by suspending him for three days.

    Abstract: This special paper introduces the Individuals with Disabilities Education Act, describes the school district's obligation to advocate for students with disabilities, reviews student rights created by the law, defines key terms, and takes the reader, step by step, through the procedural protections provided by the regulations.

    Abstract: Examples of consultations serve as an illustration of how a consulting education expert can assist lawyers who are working on school and education related cases. One example deals with a special education dispute involving inclusion and the other deals with liability for student injury and a settlement of $850,000.

    The tragic realities of the school killings in Littleton, Colorado, and similar instances of violence involving today's youth, have educators, policymakers and communities searching for causes as well as methods of prevention. Hit lists, posted on Internet sites and plans made by high school students to "get even" when they are teased are symptoms of what we already know: Bullying, teasing and discrimination are big problems for American children.

    Our nation's schools pay millions of dollars annually in damages to school children injured in class, sexually assaulted by teachers, and harassed by fellow students. Unnecessary risks in schools can be controlled to protect the safety of students, faculty and support staffs and to eliminate costly litigation and settlements.

    Even the most amicable custody arrangements can sour over school choice. As more people move about, the issue of where their children will attend school, and what that school offers compared to their current situation, is becoming more significant in family law. This article examines ways an education expert can assist with objective evaluations of school programs.

    The educator as a consulting and testifying expert has become one of the most important tools that an lawyer can use in the dispute resolution process involving schools. When the consultant becomes an expert witness the relationship changes. This article explains how the expert educator assesses merits of a case, and provides consultation to lawyers who are working on education and school related cases.

    6/19/2013 · Expert Witnessing
    According to a new national survey, there has been a sharp drop in the percentage of America's children being physically bullied or beaten up by their peers.

    5/13/2013 · Expert Witnessing
    Assigning fault and responsibility in a lawsuit involving a school is rarely clear cut.

    3/25/2013 · Expert Witnessing
    Eyewitnesses to the event may only tell what they saw, heard, felt or smelled; they are not allowed to tell what others have said (hearsay) or say what they think of the case.

    The first wave of inclusion has crashed upon the shores of our schools. Now, educators and parents are looking toward the horizon awaiting the next wave to see what it brings.

    Now that the administrative law judge ordered Heather into the regular fourth-grade classroom, none of the teachers want to have her, Maybe we shouldn't have filed for a due process hearing against the school. I think it backfired on us.

    Schools seem to have little control over the financial and human resources that are dedicated to special education. How can accountability be achieved?

    This article explores common situations regarding sexual harassment in the school setting. It also discusses exploitation of sexual power either by teachers or by students in an inappropriate relationship. Schools and its employees have a duty to train their students on their sexual harassment policies and to report any inappropriate behavior.

    5/14/2012 · Social Issues
    Cyberbullying is one of the fastest-growing problems facing families and the people responsible for protecting our children: school administrators, lawmakers and law enforcement officials. Cyberbullying is such a new frontier, the laws that define and police it are, in many places, weak to nonexistent. Its "sudden" pervasiveness and severity is now shocking people into action as evidenced by the rash of suicides making national news and the resulting public outcry.

    The safety of children is of the utmost concern to school board members, administrators, and teachers. Accidents do happen, of course, but you must do everything you can to make sure that the students in your care are not hurt.

    People who are passionate about school safety have a vision--a vision we share with concerned parents, educators, and especially with the kids we're obliged to protect.

    All 15-year-old Phoebe Prince wanted was to be liked. But after moving from Ireland to Massachusetts, it wasn't long before Phoebe endured bullying from the "mean girls" at school.

    It is commonly accepted that school liability has increased over the past several years, especially in the area of tort liability.

    Edward F. Dragan EdD
    Bullying used to be thought of as an unpleasant rite of passage, but now psychologists are realizing that it inflicts real harm. As many as 40 percent of children report that they’ve experienced episodes of bullying at school or online through their school community. School safety expert Edward Dragan argues that parents need to be proactive in looking out for their children’s social well being at school. From his many decades as a Board of Education insider, he argues that schools are self-protective entities and reluctant to address bullying themselves.
    Check for SynapsUs
    Dr. Elliott E. Dudnik, PhD
    FAIA, NCARB, LEED AP, CSI, ICC
    913 Wesley Avenue
    Evanston IL 60602
    USA
    phone: 847- 866-7760
    fax: 847-866-7897
    Elliott-Dudnik-photo.jpg
    Dr. Elliott E. Dudnik, PhD, FAIA, NCARB, LEED AP, CSI, ICC, is Principal of Elliott Dudnik + Associates, Fellow of the American Institute of Architects and Professor Emeritus of Architecture at the University of Illinois-Chicago, with more than 50 years of professional experience as an Architect, Structural Engineer and Planner encompassing numerous commercial, residential, industrial and public building projects. As a noted educator-researcher, award and grant recipient, and author of more than 30 publications, Prof. Dudnik has lectured and taught at major universities in the US, Asia, Australia and Europe and consulted on Building Code Development, Building Facade and Porch Failures, Inspector Training, and Accessibility.

    Dr. Dudnik's litigation support activities on behalf of both plaintiffs and defendants include investigations, analyses, expert witness reports, depositions, and testimonies that draw upon his extensive professional experiences as well as many years of teaching and lecturing to convey and explain complex concepts to judges and juries. Dr. Dudnik has now been engaged in more than 70 cases involving Architectural and Structural Engineering, Building Design and Construction, Defects, Collapses and Failures, and Building-Related Injuries.

    Forensic Architectural Services Include:
    • Expert Witness and Litigation Support
    • Code Violation, Compliance and Interpretation
    • Building Failures and Remedial Design
    • Building Envelope and Water Intrusion
    • Design and Construction Defects
    • Slip, Trip and Fall and Other Personal Injuries
    • Handicapped Accessibility and ADA Compliance
    • Errors and Omission, Professional Liability and Standards of Care
    View Dr. Dudnik's Consulting Profile.
    Check for SynapsUs
    Jerry Birnbach
    Retail Expert Witness
    372 Heritage Hills
    Unit B
    Somers NY 10589
    USA
    phone: 917-691-4853
    Jerry-Birnbach-Retail-Design-Expert-Photo.jpg
    Highly Qualified Retail Accident Expert. Involved with many High Profile Retail Injury Cases

    Top 40 Retail Industry Leader ( DDI Magazine ) and Top 50 Retail Design Firm ( VMSD Magazine )

    2016 Slip, Trip, Fall & Safety Expert Witness of the Year - Corporate America Journal

    Expert for Retail accidents, slip and fall, display defects, construction issues, ADA and local codes.

    A 35 year veteran in the Retail Industry for all venues of Retail and Product Vendors, Product Showrooms, Display Design and manufacturing able to determine the cause and effect leading to accidents occurring inside and outside of stores.

    Other areas of expertise include Arena design, Furniture design, Office design, Product showroom design, licensing and branding agreements and product, display design, merchandising and product presentation.

    Review CV on website including two degrees in Architecture, Industry awards in Store and Display design, contributing editor of trade magazines, featured company at industry trade show "Store of the Future" area, high profile projects and clients.

    Extremely capable to cut to the chase, find relevant facts about the accident often not thought of by the attorney representing the Plaintiff or the Defendant. Over 30 cases handled in the last three years while maintaining the highly successful Retail Design Business.
    6/24/2015 · Design
    I have been retained by a law firm as an expert witness in the field of Retail Design and Display. I was asked to review a furniture retail Store located in the above referenced address. It does need to be noted that I was not able to review the actual piece of furniture in question nor the camel statue that fell off of the chest and onto the plaintiff.

    Check for SynapsUs
    Gary Hanstedt
    Principal Architect & General Contractor
    5933 Coronado Lane Suite 201
    Pleasanton, CA 94588
    Other Location: Honolulu, HI
    CA, HI USA
    phone: 925-485-9800
    fax: 925-485-9805
    gary-hanstedt-logo.jpg
    Gary Hanstedt is a Building Construction Management and Fixturing Expert with over 25 years of experience. He is a licensed General Contractor and Architect specializing in commercial and retail projects. Mr. Hanstedt currently Oversees commercial construction of retail stores, shopping centers, offices, development and design / build projects. He understands the professional and management ends of construction, and integrates finishes, detailing and other technical aspects of the construction business.

    Mr. Hanstedt's litigation experience includes depositions and trial testimony in all area of construction including defects, personal injury, and cost disputes. His clients include contractors, government agencies, architects, engineers, financial institutions, attorneys and insurance companies. He represents both plaintiff and defense.

    Areas of Expertise include:
    • Building Contract Disputes
    • Construction Disputes, Defects, Reports and Claims
    • Construciton Administration and Inspection
    • Material Defect Claims
    • Design Defects
    • Cost and Quality of Building Works Disputes
    • Shopping Centers & Retail Stores
    • Restaurants & Cafes
    • Office Warehouses
    • Commercial & Medical Office Condominiums
    • Commercial Renovations
    • Codes and Ordinances
    • Building and Roofing Failure
    • Building Envelope and Water Intrusion
    • Slip, Trip and Fall
    • Construction Litigation Support
    View Consulting Profile.
    Check for SynapsUs
    Christopher A. Lowery, DHSc, CLCP
    13831 Northwest Freeway, Suite 171
    Houston TX 77040
    USA
    phone: 713-996-9200
    healthyways-Services-Logo.gif
    Christopher Lowery Vocational Rehabilitation Expert Photo

    Christopher A. Lowery is a qualified health and human service professional who serves as a Health and Rehabilitation Consultant. Having worked in the medical, vocational, and rehabilitation industry since 2002, he is committed to providing quality representation and assistance to meet the needs of every client.

    Background Experience - Dr. Lowery served as the Managing Director and Senior Healthcare Recruiter for Outsource Personnel in Houston, TX. Prior to that, he served as a personal injury legal assistant, document review paralegal, and medical claims analyst. This experience, coupled with his education in Human and Health Services Administration and Health Sciences make him particularly qualified to provide expert testimony.

    Litigation Support - Christopher Lowery provides expert witness services to Attorneys, litigants and the courts for Plaintiff and Defense cases. He is available to evaluate clients to assist with Employment Capability, Earnings Capacity, Rehabilitation, Consulting, Evaluations, Life Care Planning, Disability Claims, Assistive Technology, and Health Education as a result of a health impairment. Please see below or website for more expertise areas.

    Areas of Expertise:
    • Vocational Rehabilitation
    • Life Care Planning
    • Social Security Disability Insurance (SSDI)
    • Social Security Income (SSI)
    • Personal Injury
    • Medical Malpractice / Medical Negligence
    • Counseling
  • Family Law / Domestic Relations
  • Worker’s Compensation
  • Veteran’s Benefits
  • Labor and Employment Discrimination
  • Jones Act / Longshoreman Cases
  • Matrimonial / Divorce Matters
  • Health Education
  • View Christopher Lowery's Consulting Profile.
    Check for SynapsUs
    Dawn M. Adams, PHR
    W307 N6380 Shore Acres Rd.
    Hartland WI 53029
    USA
    phone: 414-659-4553
    Dawn-Adams-Human-Resources-Expert-Photo.jpg
    Dawn M. Adams, PHR, is a certified Professional in Human Resources, with 25+ years of experience in Human Resources, employment law, and Organization Development. She built her expertise in the professional services, manufacturing, health care, financial services, government, and construction industries. Dawn has held various leadership positions within organizations, including Vice President of Human Resources for a statewide, nonprofit healthcare organization and national HR manager for an international law firm.

    Ms. Adams built additional coaching and development expertise through the Center for Creative Leadership and Team Trek. In addition to her PHR certification, she earned several certifications through Lominger International. Ms. Adams was a member of SHRM and its national Employee Relations Expertise Panel. She is a former member and chair of MMSHRM’s Employment Practices Committee.

    Litigation Support - Dawn Adams provides expert witness services to counsel representing Plaintiff and Defendant in cases involving human resources, employment law compliance, management practices, employee termination, and recruitment. Ms. Adams is experienced with sexual harassment and discrimination cases, FMLA, employment laws, leave laws, policies and procedures, and the American With Disabilities Act (ADA).

    Areas of Expertise:
    • Human Resources
    • FMLA / Leave Laws
    • ADA
    • Employer Responsibility
    • Employment Discrimination
    • Employment Investigations
  • Employment Termination
  • Background Investigations
  • Due Diligence
  • Employee Relations
  • Sexual Harassment
  • Wrongful Termination
  • View Dawn Adams' Consulting Profile.
    Check for SynapsUs
    Himad Beg, PE
    708 3rd Ave.
    6th Floor
    New York NY 10017
    USA
    phone: 212-796-4364
    Himad-Beg-Forensic-Engineering-Expert-Photo.jpg
    Himad Beg, BE, PE, has many years of experience in the dual fields of Forensic Engineering and Construction Management. In the realm of Forensic Engineering, Mr. Beg has performed accident site investigations and inspections and authored Engineering Reports on over 350 accident cases. As a Construction Manager, he has managed over $500 million dollars of critical infrastructure construction and rehabilitation for government agencies in New York and New Jersey. Key responsibilities have been to ensure Contractor Code Compliance, Quality Control and Site Safety.

    Litigation Support - Mr. Beg provides Forensic Engineering consulting and Expert Witness services to attorneys for plaintiff and defense, insurance companies, and the construction and safety industries. His services include accident site inspection, measurements, and engineering reports documenting investigation findings. Mr. Beg is available for Expert Witness testimony at depositions and trials.

    Areas of Expertise:
    • Premises Liability
    • Slips, Trips and Falls
    • Elevators & Escalators
    • Scaffolds
    • Construction Accidents / Defects
    • Product Liability
  • Industrial Accidents
  • Traffic Crashes
  • OSHA Violations
  • Construction Management
  • Construction Claims & Dispute Resolution
  • MPT Plans & MUTCD Compliance
  • View Himad Beg's Consulting Profile.
    Check for SynapsUs
    Dr. Steve C. Imber
    Ph.D.
    One Davol Square,Suite 111
    Providence RI 02903
    USA
    phone: 401-421-4004
    fax: 401-233-0946
    steve_imber_photo.jpg
    Dr. Steve C. Imber is a Psychoeducational Consultant who serves as an evaluator and expert witness to attorneys in the areas of child custody, DUI, lead poisoning, educational competence, Miranda warning issues and special education.

    Dr. Imber also addresses the needs of Children, Adolescents and Adults concerning Attention Deficit Disorder, Learning and Behavioral Disabilities for Children and Adolescents, Learning Disabilities for Adults and Forensic Evaluation.

    A noted author and speaker, Dr. Imber has been a Presenter and/or Session Leader at several National Council for Exceptional Children's Conferences as well as several State and Regional Conferences, LRP Annual National Conference on Legal Issues of Educating Individuals with Disabilities.
    7/6/2011 · Psychology
    Prior to 1966, the Supreme Court sought to define the Constitution's protection against self-incrimination with regard to juveniles, to the mentally impaired, and to psychological coercion by police (see Gallegos v. Colorado, 1962; Blackburn v. Alabama, 1960; Fikes v. Alabama, 1957; Chambers v. Florida, 1940).

    5/18/2011 · Psychology
    A parent has the right to an independent educational evaluation at the public expense if the parent disagrees with an evaluation obtained by the public agency.

    4/11/2011 · Psychology
    An independent educational evaluation (IEE) provides parents with an opportunity to obtain alternative sources of information concerning the present levels of performance of their children.

    Check for SynapsUs
    Lonnie Haughton, MCP
    Master Code Professional
    318 Harrison Street, Suite 103
    Oakland CA 94607
    USA
    phone: 510-893-5501
    Lonnie-Haughton-Construction-Defect-Expert-Photo.jpg
    Lonnie Haughton, MCP is the Principal Codes / Construction Consultant at Richard Avelar & Associates, a forensic architectural consulting firm in Oakland, California. He is a CA-licensed General Contractor.

    Mr. Haughton is Certified by the International Code Council as a Master Code Professional. He is also a Building Inspector, Plans Examiner, and Building Code Official with strong expertise in the California Building Code and, its predecessor, the Uniform Building Code.

    Mr. Haughton has spent the past fifteen years compiling a hard-copy library of historic codes and a digital library of more than 30,000 reference documents including building envelope standards, evaluation reports, and related research materials, which he relies upon in his current managerial position – specially created to reflect his MCP certification and codes expertise.

    Litigation Support Lonnie Haughton provides expert services to counsel representing both Plaintiff and Defense throughout the western United States. He has multiple peer-reviewed articles and papers published nationwide.

    Areas of Expertise:
    • Building Codes - Historic and present
    • ADA and Accessibility - California Certified Access Specialist
    • Personal Injury - Code Evaluations (including: ‘negligence per se’)
    • Contractor’s Duty of Care - Compliance with plans, specifications and industry standards
    • Water Damage & Interior Humidity - Identifying actual causes and mechanisms
    • Dataloggers - Measurements of ambient moisture content
    • Sampling - Qualitative v. quantitative sampling of the building envelope
    View Lonnie Haughton's Consulting Profile.
    4/3/2015 · Construction
    Who likely should be blamed for the blackish mold growth found at this new three-bedroom, two-bath apartment in San Jose, California? Unfortunately, landlords often rush to accuse their tenants of generating too much "lifestyle moisture". In many cases, such assessments are both inaccurate and unfair.

    < 1 2 >