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Book Review Book Review: SLIP AND FALL PRACTICE, Second Edition This review appeared in the December 4, 1995, issue of Lawyer's Weekly. The Basics of 'Slip and Fall' Pedestrians, Potholes and Pratfalls "Slip and fall" accidents are the bread and butter of many personal injury practices. But the slip and fall is also the Rodney Dangerfield of torts, earning little respect--and even less serious study--from the legal establishment. A former Supreme Court Justice in my state, for example, turned into a judicial jester whenever he wrote a slip and fall opinion. To Charles E. Turnbow, slip and fall cases are not a laughing matter; they're a very serious business. Each year these accident kill 14,000 Americans and injure untold millions, writes Turnbow, a lawyer and professional engineer. Slip and falls are also big business for Turnbow. Over the past 20 years, he has been retained by plaintiffs and defendants in more than 6,000 pedestrian fall cases, and has made more than 700 court appearances. In Slip and Fall Practice, he shares his considerable legal and technical expertise with other lawyers who are dealing with the 'mysterious and often frustrating slip and fall case." His practical, well organized text guides lawyers around the technical obstacles and legal pitfalls of this most ubiquitous personal injury litigation. Busy advocates will especially appreciate the useful checklists and sample litigation materials scattered throughout the book. The first half of the book describes the legal and technical fundamentals of pedestrian fall litigation. The chapter on premises law notes the modern trend to a "reasonable person" standard in determining breach of duty, and away from the different standards of care for licensees, invitees, and trespassers. Turnbow pays special attention to the issue of notice, which is often the most critical and most contested issue in slip and fall cases. The defendant's actual notice of a hazard may be evidenced by the knowledge of employees or agents, or by incomplete or inadequate repairs. Constructive notice is more difficult to prove, as it depends on the foreseeability of the hazard, and the reasonableness of defendants safety procedures. The book provides helpful tips for both sides on developing the notice issue through defendant's inspection and maintenance records and safety practices. Turnbow also cites several useful cases on the foreseeability of spilled food, broken glass, or other "transitory hazardous conditions" in self-service retail stores. The frequency of these mishaps may alone be enough to establish constructive notice of the hazard, and the duty to take reasonable precautions. Staircase and Other Safety Standards Relatively subtle hazards may make the difference between remaining vertical and becoming horizontal, Turnbow notes. For example, a 3/8-inch sidewalk obstruction, such as a branch, creates a definite tripping pattern since the average person's stride leaves only 1/4-inch of clearance between the shoe and the ground. A slight variation in a stairway's risers is also enough to send someone flying, as pedestrians rely on "muscle memory" to gauge the height of the next step. The chapter on tests and measurements distills for lawyers decades of research about how to evaluate the hazard posed by different conditions or obstacles. We learn that the relative slipperiness of a floor surface may be measured by the "coefficient of friction," or force necessary to slide an object divided by its weight. The safety of a staircase depends on a variety of factors, including the height of its risers (4 to 7 inches is the industry standard), the depth of the treads (11 inches is the accepted minimum), width of handrails (cross-sectional dimensions no less than 1-1/4 or more than 2 inches), and , of course, amount of headroom (less than 78 inches imperils foreheads and carried objects). Turnbow also describes safe lighting levels, measured in foot-candles, for places ranging from auditoriums to residential entrances to fast food restaurants and other business establishments. How to Litigate the Slip and Fall The second part of the book focuses on the litigation of a slip and fall case, and includes a wealth of sample pleadings, interrogatories, deposition questions of experts and fact witnesses, and other trial preparation materials. The chapter on "Selection and Use of Expert Witnesses, surveys the fields of engineering, scientific, and industry expertise relevant to pedestrian accident cases. Defense attorneys can learn to bolster their case (and undermine their adversary's) by developing evidence of maintenance procedures, safety code compliance, and comparative fault. Slip and Fall Practice concludes with a "30-day Trial Preparation Checklist." This is a sensible and well paced schedule for the month before trial, starting with review of discovery material and preparation of trial exhibits; moving through preparation of testimony, jury instructions, and opening and closing statements; and culminating on the day before trial, with a recommendation that lawyers do a final review of all materials and "play a round of golf." In all but the last task, lawyers will find invaluable assistance in this
useful, well-written and informative text. William Carl Smith is a Philadelphia lawyer,
writer and walker. For more information of James Publishing Incorporated, call 800-440-4780 Return to Table of
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