Structural Failures
When a structural failure becomes the basis of a premises liability claim, both plaintiff and defense legal professionals need forensic expertise that can establish what happened, why it happened, and who may have been responsible. We provide experienced forensic investigation and engineering services designed to address those questions with a methodical, evidence-based approach. We understand that structural failures can involve complex interactions among design, construction, maintenance, materials, environmental conditions, alterations, and property management. Our role is to investigate those factors objectively and translate our findings into clear technical conclusions that attorneys, judges, and juries can understand.
We know that attorneys need more than an expert who can identify visible damage. They need a professional who can preserve and analyze evidence, determine the probable sequence of events, distinguish contributing conditions from the primary cause, and evaluate whether applicable standards, codes, specifications, or accepted practices were followed. We draw upon our forensic experience to examine the failed structure, relevant documentation, photographs, maintenance records, repair histories, construction information, and other available evidence. Where appropriate, we use field observations, measurements, material evaluations, calculations, and engineering analysis to develop a defensible understanding of the failure.
For plaintiff professionals, our expertise can help establish whether a property owner, manager, contractor, or other responsible party failed to identify, address, or prevent a dangerous structural condition. For defense professionals, we provide an independent technical assessment that can test the underlying allegations, identify alternative causes or contributing factors, and determine whether the available evidence supports the claimed mechanism of failure. In either setting, we focus on the technical evidence rather than advocacy, giving counsel an expert perspective that can withstand scrutiny and clearly distinguish established facts, engineering opinions, and areas where the evidence remains uncertain.
We also understand the importance of communication in litigation. Our forensic professionals work closely with counsel from the initial investigation through discovery, depositions, mediation, and trial. We strive to make complex structural issues understandable without oversimplifying the engineering. Our reports are organized to clearly explain the evidence reviewed, investigative methodology, technical analysis, conclusions, and limitations, while our testimony is grounded in the work we actually performed and the evidence available to us.
Ultimately, our value in a structural failure premises liability case comes from combining credible forensic experience with disciplined investigation and clear communication. We recognize that attorneys need an expert whose opinions are technically sound, thoroughly supported, and capable of being explained under examination. We bring that perspective to every assignment, helping legal professionals understand the physical evidence and the engineering issues that can be central to determining how a structural failure occurred and how the associated premises liability questions should be evaluated.
Premises liability is the area of law that holds property owners and occupiers responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions. This could include slip, trip, and fall accidents, injuries from falling objects, or accidents caused by poor maintenance or inadequate security on the premises.
Typically, the property owner or the person who occupies or controls the property (such as a landlord, business owner, or tenant) is responsible for maintaining the premises in a reasonably safe condition. However, responsibility can also extend to contractors or maintenance workers if their actions contribute to hazardous conditions.
Common accidents that fall under premises liability include:
- Slip-and-fall accidents (due to wet floors, uneven surfaces, or poor lighting)
- Trip-and-fall accidents (e.g., tripping over obstacles or poor flooring)
- Injuries from falling objects (e.g., merchandise falling in stores)
- Dog bites (if the property owner is negligent in controlling dangerous animals)
- Swimming pool accidents (due to poor maintenance or lack of safety measures)
- Security-related injuries (e.g., assaults due to inadequate lighting or security measures)
Property owners owe different duties to different types of visitors:
- Invitees (those invited for business purposes, like customers): Must keep the premises reasonably safe, warn of known dangers, and repair hazardous conditions
- Licensees (social guests): Must warn of known dangers but are not required to inspect the property regularly for hazards
- Trespassers (those on the property without permission): Owners generally owe no duty to trespassers except to avoid intentional harm, although there are exceptions for children and certain situations
Several factors determine liability in premises liability cases, including:
- Whether the property owner was aware of the hazardous condition
- Whether the owner had a reasonable amount of time to fix the problem
- Whether the property owner failed to fix or warn about a known hazard
- Whether the injured person was lawfully on the property
- Whether the injured person contributed to the accident through negligence
The time limit for filing a premises liability claim depends on the jurisdiction and is governed by the statute of limitations. Typically, you have between 1 to 6 years to file a lawsuit from the date of the injury, but the timeframe varies based on local laws and the type of claim. It’s important to file as soon as possible to avoid losing your right to pursue legal action.
If you were injured at a business or commercial property, the owner may be more likely to be held liable due to their higher duty of care to invitees (customers). Businesses are expected to maintain their premises and provide warnings about any hazards. They also may be required to regularly inspect the property for potential dangers.
If you are injured on someone else’s property, you should:
- Seek medical attention immediately, even if your injuries seem minor
- Document the accident scene with photos, noting any hazards or unsafe conditions
- Report the incident to the property owner or manager and get a copy of the report
- Collect witness information if there are any bystanders
- Consult with a premises liability attorney to assess your case and determine if you have grounds for a claim
If a property owner is uninsured or has limited insurance coverage, you may still pursue personal assets or file a claim against a third party (such as a contractor, maintenance company, or security firm) if their negligence contributed to the injury. If the property owner has liability insurance, it typically covers most premises liability claims.
P.E. — President, Civil Engineer
Ronald J. Cohen, P.E., is a Civil Engineer with a Bachelor of Science degree and over forty years of engineering experience. Mr. Cohen joined the firm in 1994 and has served as its Vice President since 2003. Prior to joining Consulting Engineers & Scientists, Inc., Mr. Cohen was…
Ph.D. — Vice President, Biomechanical & Biomedical Engineer
Andrés J. Calderón, Ph.D., has a Bachelor of Science degree in Mechanical Engineering and a Master of Science and a Doctor of Philosophy degree in Biomedical Engineering. He has worked in the fields of biomechanical and biomedical engineering for over 16 years.
Civil Engineer
Harry J. Dales is a Civil Engineer with a Bachelor of Science degree in Civil Engineering and over 25 years of engineering experience. Mr. Dales has extensive experience in engineering and construction, including roadways, highways, parking lots, traffic controls…
CIH, CSP — Vice President, Industrial Hygiene & Safety Specialist
Michael E. Goldberg, CIH, CSP is a Board Certified Industrial Hygienist with a Bachelors of Science Degree in Occupational Environmental Health and Safety and a Masters of Science Degree in Environmental Health and Industrial Hygiene, with over 19 years…
AIA, NCARB — Vice President, Registered Architect
David M. Kenney, A.I.A., is a Registered Architect with a Bachelor of Architecture degree and over twenty-five years of architectural experience. Prior to joining the firm, Mr. Kenney was founder and President of DM Kenney Architects with architectural and construction management…
AFAA — Certified Personal Fitness Trainer
Debra L. Hufnagel, AFAA, is a Certified Personal Fitness Trainer with over 15 years experience in physical fitness training and equipment. Prior to and concurrently with joining the firm, Ms. Hufnagel is the owner of Fit For Life, a personal fitness training company where she…
Safety & Security Consultant
Joseph T. Potterton has been the Operations Manager responsible for the training and education of 140 Security Officers and thousands of health care professionals employed at a large inner-city hospital in Philadelphia since 1992. He has over 25 years of experience…
