The Verdict - The Lombardi Law Firm Blog
Here at the Lombardi Law Firm we add blog content that is personal to those involved in accidents. We write this way so you have an understanding of how we think and handle cases - your case. We invite you to call us if you think we can help you resolve your legal problems. We settle most of our cases, because we do the basic legal work necessary to understand the facts of your case. We offer on our website, relevant and concise information that you will be helpful to you as you get ready to settle or to try your case.
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Steve Lombardi, 515-222-1110 or firstname.lastname@example.org
I love the fall season for the cooler weather, but just before fall starts, there is the end of summer blues.
With the end of the mowing season fall cleanup can’t be far behind. Getting all the summer equipment winterized and stored for winter is a signal that winter can’t be far off.
Robert Uhler died in early September while working on a utility tractor. Whatever happened pinned him underneath it. The local Sheriff concluded Mr. Uhler tried to start the tractor while not on it, the tractor lurched forward and he was killed. We wish his family well.
Mr. Uhler’s incident should remind us all that safety never takes a vacation. With the cold weather coming on it’s easy to get in a hurry or to rush to get jobs completed. As you can surely see we have to keep our heads about us while getting the season-ending work done. Stay safe, watch out, think and avoid unnecessary risk.
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.
Archives > Ames Tribune > News
INSTALLATION AND DESIGN CHECKLIST FOR ELEVATORS IN THE STATE OF IOWA
Petition for Reconsideration of an Elevator Inspection Report
Iowa Division of Labor, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209
Division of Labor Services
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.
Fort Dodge, Iowa at the Travel Inn pool five children were playing in the pool when they experienced carbon monoxide poisoning. The Assistant Fort Dodge Fire Captain reported the levels of carbon monoxide were 14 times higher than normal. A faulty furnace is to be blame.
What one has to wonder is when the furnace had its last maintenance check up. It’s important to keep furnaces clean or carbon monoxide can come into the building.
How does carbon monoxide gas kill a person?
Carbon Monoxide – Home Inspection Tips – buying or selling your house.
What likely happened and how can management protect the customers?
You can get free advice on homeowner safety and maintenance advice for homeowners online at several different web sites.
National Furnace Heating & AC – keep the area surrounding the furnace clean and unobstructed, keep the burner area clean and maintain the furnace on a regular basis.
Sempra Energy – Carbon monoxide safety sheet.
What are the signs of CO poisoning? • Flu-like symptoms, such as headaches, dizziness, nausea, vomiting, shortness of breath and mental confusion.
Landlords and business owners, like hotel operators have a duty to maintain their building systems. If they try and cut corners it can result in faulty equipment operating in ways that cause injury or death to customers or hotel - motel guests. The proper way to run a business is to use systems for maintenance rather than maintenance by crisis. It's not always the fault of the building owner or operator. Some vendors, HVAC companies that do maintenance do a lousy job or fail to do what they were hired to do. Other times it's the fault of the manufacturer in producing and selling faulty products.
To know what went wrong the Iowa State Fire Marshall will probably investigate and issue a report concluding where the systems failed and who or what is at fault.