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Elevator and Escalator Accident Reconstruction and Litigation, Third Edition - Lawyers & Judges Publishing Company, Inc.

Elevator and Escalator Accident Reconstruction and Litigation, Third Edition

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  • Authors: James Filippone, Joel D. Feldman, Ronald D. Schloss, David A. Cooper, Joseph L. Stabler 
  • ISBN-10:1936360047
  • ISBN-13: 978-1936360048
  • Copyright Date Ed: January 1, 2012
  • Pages: 448 pages
  • Binding Information: Casebound with DVD
  • Size: 6.5 ✕ 9.5 Inches (US)

You're considering the case of a maintenance worker injured while repairing an elevator, or an elderly woman hurt on a department store escalator while doing some weekend shopping with her grandchildren. An initial search of the literature has turned up almost nothing useful. Your instinct tells you the cases are good, but to evaluate them properly, you need this new addition to our litigation series.

The key questions are: what caused the accident, and what were the contributory factors? Some accidents have an element of "in the wrong place at the wrong time" about them, while others have an element of disregard for the equipment involved. Sadly, others fall into the category of sheer negligence or incompetence. This book will help you determine the difference. This new third edition revises and adds new content, with the most up-to-date information to help you succeed in these cases.

The authors have investigated numerous elevator and escalator accidents. Their expertise will guide you as you make your decision to take or reject the cases, and their experience will give you the basic understanding of the issues you need to understand to proceed with confidence.

Topics Include:

  • Codes, regulations and related subjects--for the U.S., with consideration of Canada and the U.K.
  • Accident statistics and selected incidents
  • The elements of typical escalator accidents
  • Reviewing and understanding maintenance documents
  • Presuit investigation: should a suit be instituted?
  • Legal theories and negligence
  • A glossary and a sample expert report
  • Pleadings--excerpt of a typical complaint
  • Discovery--sample interrogatories, request for production of documents and corporate designee notices
  • Expert opinion: the applicability of Daubert, Khumo and Frye

Table of Contents

Photographs and Illustrations


Chapter 1: Codes, Regulations and Related Issues

Chapter 2: Description of the Equipment and Illustrations

Chapter 3: Accident Statistics

Chapter 4: Reasons for and Causes of Accidents, Improving Safety and Limiting Liability

Chapter 5: Pre-Suit Investigation

Chapter 6: Legal Theories and the Standard of Care

Chapter 7: Pleadings

Chapter 8: Discovery

Chapter 9: Expert Opinion

Chapter 10: The U.K. Experience

Appendix A: Sample Expert Report


About the Authors


Customer Reviews

Based on 3 reviews
Elevator World, Inc.
Elevator World, Inc.

Prepare for any legal action you may face. Know what the attorneys know. Experience and expertise make this item a must for rising companies and individuals. The book's format is unique. A synopsis of each chapter is available at the beginning of that chapter. The book covers codes and regulations, equipment descriptions, statistics, possible accident causes, the legal process and expert opinion. Chapter Five in particular discusses probably the most important and first simple question: Is there sufficient grounds to continue? Too often the elevator expert is called long after legal action has begun, making the expert testimony more one of creating sense out of confusion. The expert opinion should be a preliminary action. Hopefully, you nor your company will ever have the "need" to use this book, but it would still behoove you to read it, especially if you are ever in any type of legal action regarding elevators or escalators. Learning what expert witnesses and attorneys consider essential to proper legal action in any incident is well worth reading. Elevator and Escalator Accident Reconstruction and Litigation is the product of several elevator people and attorneys, James Filippone, Joel D. Feldman, Ronald D. Schloss and David A. Cooper. All of these individuals have been involved in the investigation of a myriad of accidents and .:the subsequent legal actions that often take place. . Once it has been determined that there are reasonable grounds to continue with legal action, the investigation or "discovery" process begins. Most of the elevator industry knows the complexity of trying to cover the diversity of equipment and applications that exist. Actual site visits, whether vintage or new, almost always contain surprises. Participants usually find themselves reaching for Electric Elevators by Fred Hymans, Jallings' Elevators by John H. Jallings or the EIevator World Educational Package and Reference library (4-Volume Set) to confirm vintage code compliance. Once the discovery phase is over, depositions have been recorded and reference research accomplished, the next important step is to commit these findings to paper. This report will summarize the findings of the expert and should possibly contain a probable cause. Before any finalizing of this report, an in-depth discussion with the attorney should take place. A sample of such a report is found in REVIEWS Following Chapter Y is a glossary of legal terms used in the U.S., Canada and the U.K. Interestingly, although a reference is made to the word "expert," there is no indication of what qualifications an "expert" should have. However, the biographical sketches provide some idea of the qualifications for an expert since these men are a group of diverse and highly qualified "experts." Filippone is with the Port Authority of New York 8: New Jersey and an active participant on many ASME A17 committees. Feldman is a practicing attorney in both Pennsylvania and New Jersey for many elevator and escalator cases. Schloss, who writes the Forensic Elevatoring column for EW, has an elevator industry career spanning 40 years and serves as a professional witness for elevator and escalator litigation. Cooper is a consulting engineer specializing in vertical transportation and a veteran from the "lift" industry in the U.K. Cooper provided expertise on the aspect of "lift" litigation in the U.K. and also serves as an expert witness. While most of us would not consider a book something to reach for in an emergency, Elevator and Escalator Accident Reconstruction and Litigation is just that. It takes you through the long and tedious process of litigation in a beneficial and knowledgeable as well as understandable way.

Book News, Inc.
Book News, Inc.

For lawyers, public safety officials, and facilities managers, this comprehensive overview of accident assessment and litigation provides detailed information on incidents relating to elevators, escalators, and related equipment. Topics discussed include codes and regulations, equipment types and descriptions, accident statistics, common accident causes, limiting liability, accident investigation, litigation, and expert opinions. Numerous illustrations are provided throughout. The work is primarily based on US and Canadian codes and law and an additional chapter on UK regulations is included. The volume includes a supplemental DVD-ROM and an extensive glossary of technical terms. The collaborating authors are experts in engineering and liability law.

Reference and Research Book News
Reference and Research Book News

This resource for legal practitioners and other interested parties provides guidance for accident reconstruction and litigation related to devices such as elevators and escalators. Written by a team of engineers and attorneys, it explains the basic operation of this type of equipment and outlines some potential dangers. Also described are the processes for determining the causes of an accident and some successful litigation procedures. While aimed primarily at users in the U.S., much of the material may also be applicable in Canada and in the UK because of similarities in the code requirements. An extensive glossary of technical terms used in the industry is found at the back of the volume.

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