Premises Liability: Hidden Drop-Down Hazards
January 23rd 2024
Disclaimer: The information provided in this blog post is intended for the sole purpose of reconstructing accidents and injuries and not for serving as a risk management resource.
Accidents stemming from drop-down hazards can transpire in diverse settings, involving a spectrum of built structures ranging from stairs and speed bumps to uneven sidewalks. Concealed drop-down hazards, like retaining walls or unannounced changes in walking surface height, constitute an additional area where falls may transpire without warning.
Our experienced Human Factors and Premise Liability teams specialize in investigating incidents related to drop-down hazards. Whether the accident unfolds indoors or outdoors, numerous factors necessitate careful consideration. The following is not an exhaustive list, but it underscores critical aspects to be examined. Lighting, especially in scenarios of accidents occurring during low-light conditions, such as dusk, dawn, or night, or within inadequately illuminated indoor spaces, merits thorough evaluation. Utilizing a light meter becomes imperative for accurate measurements. Outdoors, investigators must pinpoint the nearest light source and assess its effectiveness in illuminating the potential hazard. It is also crucial to inquire whether lighting modifications occurred post-accident.
Furthermore, when accidents transpire outdoors in low-light conditions, efforts should be made to conduct a site examination under similar meteorological circumstances, accounting for factors like moon and twilight phases. Insufficient lighting adversely impacts an individual's ability to detect, perceive, and react to drop-down hazards.
Examining the presence of appropriate warnings, signs, and markings accompanying the drop-down hazard is essential. The contrast conspicuity of the hazard holds great significance; a hazard with insufficient contrast may blend with the background, making it difficult for pedestrians to discern. For substantial drop-down hazards, like outdoor retaining walls in pedestrian-heavy locations, the consideration of guardrails or barriers becomes paramount.
While it is ideal to design out hazards from the outset, this is not always feasible. In such instances, measures should be taken to eliminate, control, or adequately warn about drop-down hazards. It's important to note that warning alone is the least effective means of control.
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