When Leaves are Falling, Autumn is Calling

It’s that perfect time of year – crisp cool nights and warm sunny days.? When autumn calls, it heralds an ideal time to build both horizontal and vertical projects.? For horizontal, the temperature is more forgiving to the dedicated construction workers while the threat of heavy weather is diminished.? For vertical, it allows for the interior fit outs to be accomplished during the winter, a highest and best use of time with the promise of a fine new building come the spring.? For us, construction lawyers and professionals, it also is a fine time to help our clients prepare for their subsequent projects or aid them in the resolution of challenges faced in current projects.

A few ways to avoid the fall include: ?a well-defined program, equitable construction contracts, reasonable risk management practices, clear safety and security programs, well-developed baseline schedule with updates from all stakeholders, detailed cost analyses with periodic assessments, simplified requests for information and effective change order processes, along with engaged and open communication among team members.? All falling into that colorful season and a clarion call – clear instruction about what action is needed for a successful project process.

Have a Happy Fall, Happy Autumn and a very Happy Thanksgiving! Amy Phillips

Don’t Take the Fall

We all know accidents happen. They can be work related accidents, car accidents, construction accidents and premise liability accidents.? And when they do happen the blame game begins.? This article will focus on Premise Liability. Premise liability is a property owner’s legal responsibility for an injury caused by a dangerous condition on their property. But was the injury a result of a dangerous condition? Sometimes, the seemingly simplest cause is not always the real cause. Whether it’s a trip on a sidewalk, or a slip down a set of stairs or a construction site negligence accident, National Forensic Consultants (NFC) can help. We analyze the accident from all perspectives. So, what does this mean?

Typically, there are the mechanical factors involved. They can be the physical attributes of the accident scene such as broken or damaged materials, improper construction, noncompliance with standards and codes, lack of warnings, no safety standards in place, lack of training and so on. A Forensic Engineer can analyze the accident and opine on whether certain codes and standards were in compliance, the materials used were proper, warnings were used, employees were properly trained, maintenance was performed in accordance with accepted standards and so forth. These are just a few of the items that can contribute to the cause of an accident. But they are not the only ones.

There could also be bio mechanical factors related to the accident such as was the impact from the fall great enough to cause the alleged injury or were there certain motions or exertions that caused the accident. There could be environmental factors where thermal or vibrational energy was transmitted to the body which caused it to react in a particular way. A Bio Mechanical Expert can analyze the accident and determine if these types of factors played a part in the cause of the accident.

Sometimes a human factors expert is needed to study the effects of the person’s perceptual abilities, mental state, physical conditions or limitations which may have contributed to the cause of an accident. Simply put, were there certain actions that may or may not have contributed to the cause of the accident? Was the incident avoidable?

At National Forensic Consultants we use a team approach to determine the best way to proceed on each premise liability case. We look at more than just the claim itself. Our experts are chosen based on the type of case. Sometimes there are other facts uncovered during the investigation that contributed to the cause of the accident which require the expertise of an additional expert such as a flooring expert. Our experts provide a direct and unbiased opinion based on the facts they uncovered during their investigation which helps you to know where you stand in the case.

Written by:? John Giardiello, PE, CFM, CPESC, CPSWQ, CPCA

Expert Profile

John Giardiello has been providing expert technical consulting services based on more than thirty-five years of civil engineering experience. Mr. Giardiello's ability to combine his experience and knowledge in codes, public safety and engineering has made him an expert in premise/property liability claims. He has been retained by Defendants and Plaintiffs providing litigation support to Attorneys and Insurance Companies throughout New York state.

Mr. Giardiello’s work in accident cases has included examination of handrails, stairways, doors, windows, flooring, sidewalks, streets, drainage appurtenances, swimming pools, catwalks, ladders, fire escapes, rooftops and building facades. His work product has earned him an impeccable reputation for thorough, unbiased, impartial and accurate analysis. Now residing in Florida as a license engineer, Mr. Giardiello brings this respected expertise to the Florida market.?

Education

Graduate Certification of Business Administration, Long Island University, 1987

Bachelor of Engineering (BE), Civil Engineering, Manhattan College School of Engineering, 1984

About National Forensic Consultants

National Forensic Consultants, Inc.? (NFC Experts), is a multidisciplinary forensic investigation firm. We provide expert investigative services to the legal and insurance industries.

Since 1995, clients rely on us as their primary source for specialized expertise needed to address litigation, claims, fraud, and technical problems. NFC Experts deliver definitive and independent analyses.? Our philosophy is simple, we believe in hard work and are dedicated to our clients and the industries we serve.? As experts, we recommend, evaluate and determine causation, prepare options to remediate, report and testify.

Our dedicated Insurance and Advisory Services teams includes forensic experts experienced in architecture, engineering, construction, materials science, safety and more – highly credentialed fact and testifying experts including PE, PhD, RA, CPA, PSP, CCP, CCM, PMP along with other advanced degrees and licenses – experts delivering vital analyses and advice specific to your needs.?

Upon assignment, you become our immediate priority.?Each case is supported by a full client relations team, skilled field experts and experienced litigation support staff.?

Our Regional Managers select the right expert for each case and assist in guiding projects from acceptance to resolution.? They organize our team of forensic experts with experience in engineering, science, architecture, materials safety, and construction. We inform you throughout the engagement as we investigate, analyze, validate, prove, and report on matters of critical importance.?

Our full-service team knows their way around claims and legal proceedings, from case preparation and strategy, to evidence management, to media presentations, deposition, video conferencing and more.? In many instances, these services enable our clients to understand their cases and ensure the right decision is made.

For additional information:?

(800) 738-7620

[email protected]

Submit a New Assignment

www.nfcexperts.com

National Forensic Consultants John Giardiello, PE, CFM, CPESC, CPSWQ, CPCA Dean Gentner Jerry Lamina, P.E., MBA Joseph Manning Alyssa Marroccoli James Marroccoli Mark Petrucelli Mark D. Tyrol, P.E. Joe Brower Robert Domenick, AIC, SCLA Patrick Hackman Andrew Hunsberger Kelli Pines Dave Manley

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