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While we are quick to point out that when someone trips, falls or has an incident, the first thing that comes to mind is that they should have been watching where they were walking, it's not always that easy or simple. Whether it be inside your facility or on the exterior premises, a built condition, maintained condition or weather-related condition, there exist various, universally acknowledged and accepted standards that form the fundamental basis for determining the liability of the property manager and/or owner. Not all these standards are expressed in various codes and statutes but they, nonetheless, are applicable and their absence as a codified, adopted regulation does not diminish their effectiveness or applicability. Safety is always paramount and no one wants to see anyone get hurt, but it is also advantageous to avoid the litigation that follows an incident should someone get injured. After all, most would prefer not to leave it to a jury of their peers to determine whether they were properly performing their job or not.
In this presentation we will investigate some of the most important standards that regularly come into play in these instances and discuss experiences and examples, accordingly.
Presenter
John A. Nawn, P.E., PTOE, CFM, FNSPE is a Forensic Engineer/Expert Witness with Fleisher Forensics in Ambler, Pennsylvania. Fleisher Forensics provides forensic engineering services to the legal community in litigation matters including premises liability, construction liability, product liability, professional standard of care, accident reconstruction and highway liability. A licensed Professional Engineer in 9 states, John holds a BS and MS in Civil Engineering from Drexel University. John has over 35 years’ experience as a civil/highway/ traffic/municipal engineer, including the last 9 years full time as a forensic engineer/expert witness. John has testified as an expert witness in trial and deposition over 36 times in local, state and federal court. John is a Certified Professional Traffic Operations Engineer, and a Certified Floodplain Manager. John is an adjunct professor at both Temple University and Widener University, teaching graduate and undergraduate courses in Highway Engineering and Transportation Systems. In his community, John has served on the Planning Commission and as an elected Supervisor for 10 years, presently serving as the Chairman of the Board of Supervisors for his community of 12, 600 residents for the past 6 years. A Fellow of the National Society of Professional Engineers, John is a Past President of Pennsylvania Society of Professional Engineers and has served on the PSPE Executive Committee for the past 15 years, including serving as Treasurer, Vice President, President Elect and President. John also chaired the PSPE Legislative and Government Affairs Committee. John currently serves as the PSPE representative to the NSPE House of Delegates. IMPORTANT NOTICE - PLEASE READ: