Fall Protection Safety Gear and the Kossuth County Grain Elevator Fall

Two people, can’t be sure if they were workers, fell 35 feet from a ladder at a site where grain elevators were apparently being constructed. The news blurb is pretty brief and doesn’t contain a lot of facts but here it is - Link.

Right after you trip and fall think about what made you trip

There are times when as a personal injury lawyer who does a lot of car, truck, motorcycle accidents along with workers’ compensation claims I am completely baffled. This week I got a call from an out-of-state resident who visited Iowa and was injured at a hotel.

Wind farm workers are higher risk for injury and death from fatigue

Iowa workers' compensation lawyers take on wind farm worker claims such as falls, knee injuries and other claims resulting in injury of death. Steve Lombardi

A toddler drowns and a teen falls from a free-fall ride.

A settlement is reported by the AP from a lawsuit for the wrongful death of a 13-year-old girl who fell about 100 feet to the ground from what appears to be the cage of a free-fall ride that took place in Lake Delton, Wisconsin on July 30, 2010. MIDWEST: Settlement Reached In Wisconsin Amusement Park Mishap A toddler is reported to have drowned in an ornamental pond in Fonda, Iowa.

How did they rescue the boy that fell 80’ over a rock ledge?

How do you climb smart? Take a look at the Expert Village series on rock climbing. These videos will give you ideas that might teach you how to enjoy the view without falling and becoming injured. We hope this little guy is hanging in there with recovery. Who knows maybe he’s reading this blog and is getting the idea about something he could learn while sitting in a hospital bed. If you are I pass on my hopes you’re mending well.

13-year-old boy falls from bluff overlooking Mississippi River

Good things can come about because of bad things happening to a person. Just have to find them. This lad must have gotten too close to an 80-foot ledge at the Eagle Point Park in Clinton. There is a bluff overlooking the Mississippi River and he fell. The accident happened on Monday and the youngster was airlifted to the University of Iowa Hospitals in Iowa City. He was transported by MedForce helicopter.

Ames, Iowa Elevator Accident Once Again in the News

Ames Elevators Involved in Death Is Back in the News The Register reported the apartment building where an Illinois man died earlier this year had 13 calls to the Ames Fire Department in the past 5 years. The article points out the calls were to free people trapped inside one of the building’s two elevators. Interesting enough Ames has 138 elevators that required 40 calls to the fire department to rescue people trapped inside.

Can a 4-year-old boy move a 14 pound concrete septic tank lid?

Could a four year old really move a 14 lb. lid by himself? That is just one of the questions surrounding the death of Wyatt Smitsky who was last seen playing with his two young sisters before his disappearance sparked an 18 hour search. His body was eventually found September 5^th after searchers drained a septic tank on a property near his home in Greene Township. The district attorney is saying that it is possible that somehow 4 year old Wyatt moved the tanks lid by himself, what do you think?

The law has always fascinated me; trial work especially. One fact can change your entire perception of why or how something happened. In this case we don't know what happened but as a trial lawyer with 30 years of interviews and investigations my mind can't help but play with the possible scenarios. In this case what if the lid were just a little off center, (open just a little) the child fell in and then the owner seeing the lid, simply pushed it back into place? If that is the case then we have a whole different outcome.

Here is a second explanation that is from the bottom video tape. What if the lid wasn't secured, the boy stepped onto it, the lid flipped, the boy falls in and the lid then flips back into place? Possible? Absolutely, watch the video below.

If you have such a tank, test the lid and then secure it.

So the question remains, how did the young lad get into the bottom of the septic tank?

Here a 70+ year-old fell into a septic tank.

 

Here is another 4-year-old who was pulled from a septic tank.

Septic Tank Hazards are well known - Here the lid flipped open as the boy stepped onto it.

Updated News on the Ames, Iowa Elevator Fall

I've previously commented on the elevator accident in Ames, Iowa that took the life of a young Illinois man. These are my posts.

Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator, June 8, 2009

Just the Facts: Elevator door collapse investigation in Ames, Iowa still open. Why?, June 15, 2009

Elevator Inspections and Maintenance – Were they performed? What is going on in Ames, Iowa?, June 16, 2009

The Iowa Workforce Development elevator inspectors have concluded a safety retainer bracket that is supposed to hold the elevator door in place had been damaged in a previous incident. The doors had been out of their tracks about two months previous to the young Illinois gentleman falling to his death when the doors collapsed into the shaft. He was pushed by a friend when they were horsing around. But that doesn’t seem all that significant, nor unexpected. When you consider elevator doors are not supposed to cave in, the horsing around doesn’t seem to be the main cause of the doors caving in. What it appears likely is that had the door been properly maintained or fixed that it would have held in place the night of June 6, 2009 when Robert Pawlak, 19 of Downers Grove, Illinois got pushed by his friend. Of course experts will need to evaluate the situation.

Apparently the state elevator inspectors using subpoenas obtained copies of the inspection reports from December 2008 to the present date; those records provided evidence of the previous problem. The news reports indicate the doors had been repositioned by prying them back into place. The question remains whether it was the prying or the doors coming out of the tracks that caused any damage to the tracks. Also the question remains whether the prying caused different or additional damage to the track lip. 

So the question is whether this maintenance was proper and legal under the law and standards for fixing elevators. It seems difficult to imagine it is. Experts in any wrongful death case on behalf of the decedent will include elevator inspectors and maintenance people fully evaluating the records, photographs and the actual pieces of the elevator track. Whether anyone has saved the elevator pieces that were replaced or repaired is not known.

The statute of limitations in a case such as this would appear to be two years. The longer this goes on the less likely it is the pieces will be preserved.

The Iowa Workforce Development site shows during the latter part of 2008 there were 10,735 elevators in Iowa. Of those 10,735 existing elevators 1,413 were inspected from July 1, 2008 to September 30, 2008 and from October through December 31, 2008 another 1,615 were inspected. Source, Labor Service Report, Iowa Workforce. Online reports do not show which elevators were inspected.

For additional reading see the following articles in the Des Moines Register and the Ames Tribune. The KCCI article was not available.

Elevator doors in accident in Ames had been off track

By GUNNAR OLSON • golson@dmreg.com • July 16, 2009

Elevator in Ames where man died found faulty

The Des Moines Register • July 3, 2009

Device damaged on elevator where man fell to death

GUNNAR OLSON • golson@dmreg.com • July 2, 2009

Archives > Ames Tribune > News

State report identifies broken elevator part

Broken part may have caused door to collapse in fatal accident

INSTALLATION AND DESIGN CHECKLIST FOR ELEVATORS IN THE STATE OF IOWA

Petition for Reconsideration of an Elevator Inspection Report

Elevator Safety Board

Iowa Division of Labor, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209

Division of Labor Services

Elevators, Escalators, and Wheelchair Lifts Inspection Program

Iowa Code - Chapter 89A as amended by SF318

Administrative Rules

Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority

Chapter 66 - Waivers or Variances From Administrative Rules by the Elevator Safety Board

Chapter 67 - Elevator Safety Board

Petitions for Rule Making

Chapter 68 - Declaratory Orders by the Elevator Safety Board

Chapter 69 - Contested Cases Before the Elevator Safety Board

Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board

 

Iowa Workforce Development Newsletter from 3rd quarter 2007 has this interesting note:

Our condolences to the families of……

• Rick Glenney, 52, was crushed when frozen product fell on him in Ft. Dodge.

• Melanie Selken, 54, fell while riding a belt man lift up and went over the top, falling eight stories in Ansgar.

• Bradley Mills, 38, became caught under equipment after crawling up the side of a bin which fell and he was buried

in the sand in Milford.

• Dennis Lammers, 52, caught on fire during an explosion while loading gasoline into a tanker in Sioux Center.

• Elizabeth Myers, 44, inhaled toxic levels of ammonia when new refrigerant piping was installed and the stop valve was opened in Evansdale.

           

Update on Ames Elevator Accident Case at Legacy Apartments

I previously made several posts about this incident. Here are the titles and links.

Elevator Inspections and Maintenance – Were they performed? What ...

I reported about an elevator incident in Ames, Iowa and today ... Elevator Inspections and Maintenance – Were they performed? What is going on in Ames, Iowa? ... 101k

Just the Facts: Elevator door collapse investigation in Ames, Iowa ...

Why aren't the investigative reports from the Ames, Iowa elevator death case not being released? We reported earlier on this matter. ... 101k

Ames, Iowa: 19-year-old falls seven stories down elevator shaft of ...

... Ames, Iowa: 19-year-old falls seven stories down elevator shaft of working elevator. ... 101k

Property Owner's Liability (Slip & Fall) | InjuryBoard Iowa

... Why aren't the investigative reports from the Ames, Iowa elevator death case not being released? We reported earlier on this matter. ... 101k

After returning from vacation I see there is a critical updated on the investigative findings by the Iowa Workforce elevator inspectors.  Let’s see where this new evidence points us in terms of liability.

The Iowa Workforce Development elevator inspectors have concluded a safety retainer bracket that is supposed to hold the elevator door in place had been damaged in a previous incident. The doors had previously been found out of their tracks about two months previous to the young Illinois gentleman who fell to his death when the doors collapsed into the shaft. He was pushed by a friend when they were horsing around. But that doesn’t seem all that significant; the horsing around doesn’t seem to be the cause of the door caving in. What it appears likely is that had the door been properly maintained or fixed that it would have held in place that night of June 6, 2009 when Robert Pawlak, 19 of Downers Grove, Illinois got pushed by his friend.

Apparently the state elevator inspectors using subpoenas obtained copies of the inspection reports from December 2008 to the present which provided evidence of the previous problem and prying of the doors to sort of fix them.

So the question is whether this maintenance was proper and legal under the law and standards for fixing elevators. It seems difficult to imagine it is, but I could be wrong; I just don’t know until I’ve read the state reports and the maintenance records. Experts in a wrongful death case on behalf of the decedent will include elevator inspectors and the maintenance person. The statute of limitations in a case such as this would appear to be two years.

It’s interesting to note the Iowa Workforce Development site shows during the latter part of 2008 there were 10,735 elevators in Iowa. Of those 10,735 existing elevators 1,413 were inspected from July 1, 2008 to September 30, 2008 and from October through December 31, 2008 another 1,615 were inspected. Source, Labor Service Report, Iowa Workforce.

For additional reading see the following articles in the Des Moines Register and the Ames Tribune. The KCCI article was not available.

Elevator doors in accident in Ames had been off track

By GUNNAR OLSON • golson@dmreg.com • July 16, 2009

Elevator in Ames where man died found faulty

The Des Moines Register • July 3, 2009

Device damaged on elevator where man fell to death

GUNNAR OLSON • golson@dmreg.com • July 2, 2009

Archives > Ames Tribune > News

State report identifies broken elevator part

Broken part may have caused door to collapse in fatal accident

FOR ADDITIONAL INFORMATION FROM WORKFORCE DEVELOPMENT SEE:

INSTALLATION AND DESIGN CHECKLIST FOR ELEVATORS IN THE STATE OF IOWA

Petition for Reconsideration of an Elevator Inspection Report

Elevator Safety Board

Iowa Division of Labor, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209

Division of Labor Services

Elevators, Escalators, and Wheelchair Lifts Inspection Program

Iowa Code - Chapter 89A as amended by SF318

Administrative Rules

Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority

Chapter 66 - Waivers or Variances From Administrative Rules by the Elevator Safety Board

Chapter 67 - Elevator Safety Board

Petitions for Rule Making

Chapter 68 - Declaratory Orders by the Elevator Safety Board

Chapter 69 - Contested Cases Before the Elevator Safety Board

Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board

Iowa Workforce Development Newsletter from 3^rd quarter 2007 has this interesting note:

Our condolences to the families of……

• Rick Glenney, 52, was crushed when frozen product fell on him in Ft. Dodge.

• Melanie Selken, 54, fell while riding a belt man lift up and went over the top, falling eight stories in Ansgar.

• Bradley Mills, 38, became caught under equipment after crawling up the side of a bin which fell and he was buried

in the sand in Milford.

• Dennis Lammers, 52, caught on fire during an explosion while loading gasoline into a tanker in Sioux Center.

• Elizabeth Myers, 44, inhaled toxic levels of ammonia when new refrigerant piping was installed and the stop valve was opened in Evansdale.

 

Ames, Iowa Elevator Accident Resulting in Death of Illinois Man - Update

The Iowa Workforce Development elevator inspectors have concluded a safety retainer bracket that is supposed to hold the elevator door in place had been damaged in a previous incident. The doors had previously been found out of their tracks about two months previous to the young Illinois gentleman who fell to his death when the doors collapsed into the shaft. He was pushed by a friend when they were horsing around. But that doesn’t seem all that significant; the horsing around doesn’t seem to be the cause of the door caving in. What it appears likely is that had the door been properly maintained or fixed that it would have held in place that night of June 6, 2009 when Robert Pawlak, 19 of Downers Grove, Illinois got pushed by his friend.

Apparently the state elevator inspectors using subpoenas obtained copies of the inspection reports from December 2008 to the present which provided evidence of the previous problem and prying of the doors to sort of fix them.

So the question is whether this maintenance was proper and legal under the law and standards for fixing elevators. It seems difficult to imagine it is. Experts in any wrongful death case on behalf of the decedent will include elevator inspectors and maintenance people.  The statute of limitations in a case such as this would appear to be two years.  The Iowa Workforce Development site shows during the latter part of 2008 there were 10,735 elevators in Iowa. Of those 10,735 existing elevators 1,413 were inspected from July 1, 2008 to September 30, 2008 and from October through December 31, 2008 1,615 were inspected.  Source, Labor Service Report, Iowa Workforce.

Ontario, Canada - Elevators Preventive Maintenance

Latest in ONPHA's series of preventive maintenance videos. This episode includes legislative requirements, daily maintenece checklist, and things that your mechanic should perform during regular inspections.

For additional reading see the following articles in the Des Moines Register and the Ames Tribune. The KCCI article was not available.

Elevator doors in accident in Ames had been off track

By GUNNAR OLSON • golson@dmreg.com • July 16, 2009

Elevator in Ames where man died found faulty

The Des Moines Register • July 3, 2009

Device damaged on elevator where man fell to death

GUNNAR OLSON • golson@dmreg.com • July 2, 2009

 

Archives > Ames Tribune > News

State report identifies broken elevator part

Broken part may have caused door to collapse in fatal accident

INSTALLATION AND DESIGN CHECKLIST FOR ELEVATORS IN THE STATE OF IOWA

Petition for Reconsideration of an Elevator Inspection Report

Elevator Safety Board

Iowa Division of Labor, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209

Division of Labor Services

Elevators, Escalators, and Wheelchair Lifts Inspection Program

Iowa Code -  Chapter 89A as amended by SF318

Administrative Rules.

Chapter 65 - Elevator Safety Board Administrative and Regulatory Authority

Chapter 66 - Waivers or Variances From Administrative Rules by the Elevator Safety Board

Chapter 67 - Elevator Safety Board

Petitions for Rule Making

Chapter 68 - Declaratory Orders by the Elevator Safety Board

Chapter 69 - Contested Cases Before the Elevator Safety Board

Chapter 70 - Public Records and Fair Information Practices of the Elevator Safety Board

Iowa Workforce Development Newsletter from 3^rd quarter 2007 has this interesting note:

Our condolences to the families of……

• Rick Glenney, 52, was crushed when frozen product fell on him in Ft. Dodge.

• Melanie Selken, 54, fell while riding a belt man lift up and went over the top, falling eight stories in Ansgar.

• Bradley Mills, 38, became caught under equipment after crawling up the side of a bin which fell and he was buried

in the sand in Milford.

• Dennis Lammers, 52, caught on fire during an explosion while loading gasoline into a tanker in Sioux Center.

• Elizabeth Myers, 44, inhaled toxic levels of ammonia when new refrigerant piping was installed and the stop valve was opened in Evansdale.

I fell on someone else’s property; what to do?

Practicing personal injury law in the Midwest provides the opportunity for many potential clients who have been injured on someone else’s property. The winter ice storms, snow storms along with melting and refreezing creates hazardous conditions for pedestrians. Most people won’t call a lawyer for minor bumps and bruises but those with broken ankles, wrists, arms or ruptured discs will call the lawyer’s office. The problems I see with these cases are varied although there are a few main categories that deserve discussion.

Broken Wrist Injury

A broken wrist is common following a fall on an outstretched hand. A Colles fracture is a fracture of the Radius bone of the forearm, just above the wrist (a Scaphoid fracture is the other common type of wrist fracture). Symptoms include a great deal of wrist pain, a "dinner fork" deformity, wrist swelling and an inability to use the wrist and hand. If a wrist fracture is suspected the patient should be taken to an accident and emergency department without delay.

First understand that you have to prove there was an unreasonably dangerous condition (UDC) that existed on the property. Depending on the use of the property that UDC can take several forms. For instance, if it’s a store where customers are invited to visit, expected to visit and is purposefully distracted with advertisements, then the proprietor is required to anticipate customers will not necessarily recognize and protect themselves from icy conditions. Because the store owner can anticipate this it requires some action on the store owner’s part; sand and salt along with keeping sidewalks clear of ice and snow. If the icy condition is especially difficult to clear then a warning sign, such as the yellow bi-fold sign you see janitor’s use, may be required. The way the law works is the person with the duty must first attempt to make the condition less dangerous and if that’s not possible then to warn those expected to come into contact with it.  

While we are discussing conditions let’s talk about artificial conditions. Have you ever seen a downspout that empties right onto a sidewalk? Yeah, me too. The problem occurs with roof ice melting then draining down the spout and refreezing on the sidewalk. That’s known as an artificial condition or man-made condition, which creates a risk. But for the man-made condition the risk would not exist. But for the condition being obvious this is one of the easier ways in which to establish landowner liability.

So what do I normally hear from clients concerning the accident location? About ninety-percent say the same thing. Most everyone says it was slippery or slick. Well folks most of the Midwest is slippery after a storm. Just saying it was slick or icy isn’t enough to prove liability. Slippery conditions existing outside, in the Midwest states during the winter months, isn’t in and of itself, a property defect. And yes, you still have to prove there was a legal defect in the property; or some condition that is unreasonably dangerous. Just testifying you fell and were hurt won’t be enough.

So how do you prove a property defect? More specifically, how do you months later prove a defect long after the snow and ice have melted? To understand the problem let’s go back to the instance after you’ve fallen. Most people are embarrassed, quickly get up, dust themselves off and try to escape the situation. Okay, after falling you’re embarrassed. First you need to get over it and see how you feel. If there is a broken bone or it feels like there is broken bone you need medical attention. But realize that the minute after you leave to get medical attention the attendant employee will run outside and alter the situation with ice melt or sand. So if you’re with someone, a potential witness, ask them to survey the situation along with you. What do you see? Note specifically the size of the icy spot where you fell, the source of the ice, whether it’s from an artificial condition, whether anyone has put sand or ice melt down and the extent of the conditions. By that I mean how large is the icy patch and did the proprietor take any precautions to protect the store patrons from slipping on ice? Is there a warning sign drawing the customers’ attention to the fact that icy conditions may exist and be hidden?

At the accident scene in general people are not likely to be thinking about suing anyone. It’s human nature to be first forgiving. I understand human nature; after 28 years I also appreciate the nature of the insurance business. Deny, deny and deny some more. You see it’s up to the injured person to be able to prove liability. That means if you have a cell phone camera or any camera for that matter, take it out and take some pictures. Don’t be embarrassed or ashamed. Just do it. If anyone says anything to you ask for their name and contact information because sooner or later you’ll need independent witnesses and this is as good a time as any to preserve who those witnesses might be.

Remember, it’s YOUR responsibility to prove liability. Just falling and getting hurt on someone’s property won’t be enough to trigger coverage under the liability portion of the policy.  Contacting a lawyer in June about something that occurred in February makes proving your case next to impossible.

Teenagers Slip and Fall on Ice – Shows generally how icy conditions may not be clearly visible.

Worker Slips and Falls While Closing Doors – Security Camera

Parking Lot Slip and Fall – Security Camera (start at 50 sec.)

Sometime in the future I’ll discuss interior conditions that may be considered to be unreasonbly dangerous. Until then here is a video clip that might help you.

Can Polished Concrete Be Slippery? #40C ConcreteNetwork.com