ARTICLES

8/21/2014· Accident Prevention & Safety

Forensic Clues: Lawnmower Accidents

By: John Ryan, BSME, PE

Lawnmowers cause over 50,000 emergency-room visits every year, based on NEISS data on consumer product injuries. These injuries are distributed evenly between ride-on and walk-behind style mowers. The necessary cutting action of a mower results in an inherent hazard, until technology is developed that can cut grass but not living tissue. While various safety advances over the years have reduced the amount of injuries, the extremely high number of accidents related to mowers that continue to occur show the need for further enhancement of product safety.

8/1/2014· Plants & Trees

Valuing Plants That Have No Value

By: Joe Samnik

There are no formulas to assist a plant appraiser in valuing a plant that has no value in the marketplace due to its small size (Think, tree farms and liners, seedlings, or other immature plants which have suffered a casualty). Almost without exception, an appraiser will either value the immature plant as if it were a mature plant, or rely upon the weakest of all strong arguments, ipse dixit ("because I said so") to substantiate his opinion; however, the latter approach to value is being challenged more and more in court by judges.

7/31/2014· Hotels & Hospitality

Hotel Management - The Turnaround

By: Neal Dhanani

Hotel turnaround management consists of several ingredients. First and foremost, time is of the essence. Speed and time in which the actions are taken will decide if and how the turnaround will be take effect or be completed. Along with speed, a strategic plan needs to be created by studying the market, comp-set, and property. The plan should include the basic who, what, when, where and how. Without a map, strategic plan, one cannot reach their destination.

7/28/2014· Product Liability

Should Food Carry Warning Labels?

By: Dr. Gerald M. Goldhaber

Ten years ago, Federal Judge Robert Sweet ruled in the Pe1man v. McDonald's Corp. case that the plaintiffs' complaint failed to prove that McDonald's was responsible for the two teenagers' obesity. Attorney David Wallace wrote in a recent issue of Product Liability Law and Strategy that given the statistics (1/3 of U.S. adults and 17% of U.S. children are obese), "the number of potential claimants is staggering." While the original claims in the Pe1man lawsuit may be difficult to prove on causation, specifically linking the consumption of higb-fat, high-salt fast foods directly to the effects of obesity, such as Type 2 diabetes and other cardiovascular risks, a different claim may be more successful.

7/25/2014· Legal Issues

Court Determines Failure to Disclose Deferred Down Payment is a Rees-Levering Violation

By: Darryl Horowitt

Many consumer lawyers have argued that the failure to disclose a deferred down payment constitutes a Rees-Levering violation even if the amount of the down payment is accurately stated. An issue did, however, exist as to whether or not the inadvertent exclusion of a deferred down payment on the line for a down payment constitutes a Rees-Levering violation. This question has been answered by the court in Rojas v. Platinum Auto Group, Inc. (January 15, 2013) 212 Cal.App.4th 997.

7/23/2014· Transportation

The Creep of Common Carrier Status

By: Ned Einstein

As it affects liability, an operating agency's status as a "common carrier" has an enormous impact not only on determining liability itself, but depending on legal constructs in various states, can also affect considerations like immunity and/or the assessment of punitive damages - often barriers to the assessment of damages afforded to public agencies. So except for motorcoaches deployed in commuter/express service under contract to public transit agencies, these latter considerations rarely affect motorcoach operations in the courtroom.

7/22/2014· Engineering

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 9. Washing and Drying of Hands To Reduce Microbial Contamination

By: Dr. Ewen Todd

During various daily activities at home and work, hands quickly become contaminated. Some activities increase the risk of finger contamination by pathogens more than others, such as the use of toilet paper to clean up following a diarrheal episode, changing the diaper of a sick infant, blowing a nose, or touching raw food materials. Many foodborne outbreak investigation reports have identified the hands of food workers as the source of pathogens in the implicated food. The most convenient and efficient way of removing pathogens from hands is through hand washing. Important components of hand washing are potable water for rinsing and soaps to loosen microbes from the skin. Hand washing should occur after any activity that soils hands and certainly before preparing, serving, or eating food.

7/18/2014· Elevators - Escalator - Automatic Doors

Concealed Door Closers

By: Michael Panish

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.

7/17/2014· Accident Investigation & Reconstruction

Forensic Clues: Machine Guarding Accidents - Who is Responsible?

By: John Ryan, BSME, PE

Machine guarding accidents cause many accidents and fatalities every year, despite the availability of modern safety technology. In the years from 1992-1996, one study from the Bureau of Labor Statistics (BLS) reported annual injuries due to workers being caught in machinery of 34,350. In 2012 contact with an object or equipment had the second highest workplace fatality rate at 712 deaths.

7/15/2014· Metallurgy

Damage to Pumps from Poor Upstream Pipe Welding: A Metallurgical Failure Analysis

By: Gerald Davis

Four, tri-lobe pumps were damaged and required extensive repair during the latter stages of construction for a modification in a pharmaceutical manufacturing plant. The economic loss was significant and the general contractor for the work paid the plant's owner for the loss. The renovated units were installed and are in use. However, the general contractor then sued one of its subcontractors - a welding contractor that fabricated and completed weld joints between piping sections on the inlet side of the pumps. The general contractor claimed poor quality welds in the piping permitted loosened weld fragments to enter the pumps during the required water flow verification of the system and this caused the damage.