A nursing home resident died when she fell through a balcony railing at the nursing home. Suit was filed by her family. According to the lawsuit, the railing was not properly designed and allowed the woman to fall to her death.
The International Residential Code sets standards that regulate aspects of construction. (Local building authorities often add additional regulations and restrictions for their specific communities.) There are several IRC regulations that apply to balconies to keep people (especially children) from falling through:
· Railings must be between 34 inches and 38 inches high.
· The space between balusters (the vertical guards that support a handrail) must be no greater than four inches.
· Some balusters connect to the decking, while others connect to a bottom rail. If balusters connect to a bottom rail, the bottom rail must sit no more than four inches above the deck surface.
The International Residential Code and local building authorities set minimum standards by which builders must conform. Violation of these standards can be strong evidence of negligence but since the codes set minimum standards there can still be negligence even if codes are met.
We live in a high-stress society. People feel like they have a license to act like idiots when they’re on the road. Old women feel no compunction about giving other drivers the finger Johnny Cash style.
So it’s not surprising that there are a lot of road-rage collisions. There’s a general rule that insurance doesn’t cover intentional conduct. That was confirmed by the Washington Court of Appeals in a 2014 decision where it ruled that that an insurance company didn’t have to cover a man under either his homeowners or auto insurance policies for claims arising out of an assault at a traffic light.
Enter UIM (uninsured or under insured motorist) coverage. Several years ago the Washington legislature passed the Ethel Adams UIM law. It says that a UIM policy covers road rage collisions (even though there’s intentional conduct).
A lot of motorcyclists explain to me that Washington law doesn’t require insurance to ride a motorcycle. That’s right. You’re not legally required to carry liability insurance. But without liability insurance you can’t purchase UIM coverage. And then what happens if you’re hit by guy who just got fired from his job or found out his wife was stepping out on him? Better safe than sorry.
If you have motorcycle insurance do you have UIM coverage? If you’re not sure, we’re happy to take a look at your policy.
Some slip and fall accidents can’t be prevented. But most can.
A lot of people think about slip and fall accidents in terms of snow and ice on the ground. Snow and ice are slippery. But in most cases pedestrians are “on guard” and can see the hazard.
I think that wet concrete (particularly wet concrete with exposed aggregate) is more dangerous than snow and ice when it comes to outdoor slip and fall accidents.
Cement mixed with just sand has a high coefficient of friction. When it’s mixed with aggregate—and the hosed off to expose the aggregate—it starts to get slippery when it’s wet.
But the real problem comes when moss and algae are allowed to grow on it. I was at our girls’ school yesterday. There were clogged gutters and moss two inches high on the edges of the sidewalks. The grounds were a mess. But the real hazard wasn’t the moss that was two inches high at the edge of the sidewalk. The real hazard was the microlayer of moss and algae in the middle of the sidewalks and on the stairs. It was the most serious hazard because it was hard to see and couldn’t be avoided.
I was clued-in and careful walking them to their classrooms. We just finished a case involving the same kinds of hazards:
We represented a client who fell outside a condominium complex in Bellevue. She had on sensible boots with lugged traction soles. But as she walked down the exterior stairs she slipped and fell. At first the insurance company for the complex pushed back. But when we showed a close-up of the moss and algae on the nose of the stair where she fell it paid a settlement just south of $100,000.
Every big box hardware store sells moss and algae killer. It’s easy to apply.
If you don’t have any, diluted bleach kills moss and algae too.
Under Washington law property owners are responsible for maintaining reasonably safe walking surfaces. Outdoor stairs and walkways need to be slip resistant. If you have a slip and fall outside—even if it’s not snowy or icy—consider having an attorney look into it and determining whether someone else might be responsible for your damages.