January 26, 2012
Natural and Unnatural Accumulation of Snow and Ice
Chain of Custody Standards
Meet the Experts: Civil/Structural Engineers
Natural and Unnatural Accumulation of Snow and Ice
 When an individual slips and falls on snow or ice, many courts rely on a jury to determine if the accumulation of snow or ice is unnatural or created by natural causes. Each municipality has its own ordinances or codes dealing with snow and ice removal. States and counties may have statutory and/or case laws that establish or influence the level of care or specific activities associated with proper removal or treatment of snow and ice. Some duty of care is typically owed to pedestrians on property and juries are often asked to decide if snow and ice removal efforts were reasonable. To make it even more confusing, a few states make no distinction between natural vs. unnatural accumulation of snow and ice and indicate defendants owe a duty to keep the walkway safe regardless of the source of the snow and ice.
For those locales distinguishing between different types of accumulation, an understanding of natural and unnatural accumulations of snow and ice is necessary to explain your case. You need to know it may be a natural accumulation when, during a storm, snow and ice collects on sidewalks and roads and blows under bridges or on coverings by the wind. In other words, there is no human interference.
It may become an unnatural accumulation when there is human interference such as (1) the snow is moved by plows, snow shovels or snow blowers; (2) the snow piles melt and cause icy patches; (3) an awning protects a patch of ice from the sun; or (4) a downspout or roof edge allows water to drain on walkways which changes to ice in freezing temperatures.
You may ask: “Do I have to shovel the snow or can I just leave it on the sidewalk and parking lot?” The catch is that most state and local municipal ordinances require owners to clear public walkways, accessible parking areas and parking lots. Per these codes, owners shall prevent sidewalks from being dangerous for pedestrian travel through the use of sand, salt, or other abrasives. Also at shopping facilities the ADA codes indicate that building owners must keep accessible spaces free of snow during the winter.
However, sometimes plows load the aisles with snow and the wheelchair user does not have sufficient room to get out of the car causing a hazard from what may be the unnatural accumulation of snow. Black ice can occur in spite of these efforts, making driving or walking on the affected surface exceedingly dangerous. (Black ice is a thin coating of ice that is transparent on black asphalt.)
CED engineers understand that frost or black ice naturally forms when the pavement surface cools to a temperature colder than the dew point of the air above it. When this occurs, water vapor condenses on the pavement surface and forms ice. If the engineer looks at weather conditions that occurred on the date of the incident, they can determine if those conditions were present at the time of the incident. The engineer also evaluates the businesses’ snow removal and deicing policies and routines during that same period to help determine if the snow and ice removal efforts were reasonable.
So what happens when someone falls outside a building? CED engineers evaluate the following: Was the pavement uneven, slippery or covered in snow and ice? Were the weather conditions right for black ice formation? Was there a natural accumulation of snow & ice or was the hazard created by human interference? Also, in these types of accidents, conditions change quickly, Spring arrives, and snow melts. What can be done days, months or even years after an outside slip and fall to determine causation? To answer these questions, the engineer looks at all the evidence. They perform a site inspection, if possible, and review the following items to help make their determination:
1. Photographs of the scene
2. Documentation of the accident
3. Witness statements
4. Accident victim’s statement
5. Medical records
6. Snow removal activities
7. Climatological data
All of these items put together reveal a picture of what really happened and with the knowledge of natural and unnatural accumulation of ice, the engineer can determine whether there were reasonable removal efforts and did the slip or trip happen as described.
In conclusion, to help avoid these types of accidents, when walking on snow or ice, individuals should wear boots with high traction soles and avoid walking or driving in areas not cleared of snow, shoveled or salted. Also they should try to avoid shaded areas and walking on steel or metallic plates such as sewer covers or tree grates. However, if someone still falls and you need help to determine causation of the incident, call CED Investigative Technologies. Many of our engineers have years of experience working on slip, trips and falls in not only outside conditions, but in indoor situations plus falls on stairways, ladders, and changes in elevation. Call 800.780.4221 today to speak with an engineer about your case or claim.
Chain of Custody Standards
 Cases are often built and/or defended on physical evidence. Parties wager their reputations, livelihoods, assets and freedom on the premise that the outcome of their judicial proceedings will be one that is reached fairly, according to the evidence. Court-rendered judgments and jury verdicts that are based on compromised evidence would undermine the integrity of our entire legal system. One way in which the law tries to insure the integrity of evidence is by requiring proof of the chain of custody by a party who is looking to introduce evidence.
Physical evidence is handled by a number of people, including claims adjusters, investigators, technicians, expert witnesses and storage clerks. How these parties maintain evidence and how well they keep a record of its movements will determine whether it will be accepted in court. Even if the chain of custody is unbroken, the evidence must still be proven relevant and material to be admitted.
The American Society for Testing and Materials (ASTM) has several standards that CED Investigative Technologies follows when receiving or transferring evidence. These standards include E 860-07 (Standard Practice for Examining And Preparing Items That Are Or May Become Involved in Criminal or Civil Litigation), E 1188-05 (Standard Practice for Collection and Preservation of Information and Physical Items by a Technical Investigator) and E 1459-92 (Standard Guide for Physical Evidence Labeling and Related Documentation).
CED is very meticulous in the handling, documentation, storage, cataloging and transfer of evidence. Our trained experts take the chain of custody very seriously to keep evidence safe and admissible. If you have a question regarding evidence handling or chain of custody, please call us today at 800.780.4221 or visit us online at www.cedtechnologies.com.
Meet the Experts: Civil/Structural Engineers
 Thomas Destafney, P.E. is CED’s Senior Civil Engineer. Mr. Destafney has a vast degree of training and experience in the civil engineering field due to his management and oversight of more than $250 million worth of construction in locations all over the world, making him one of CED’s most valued experts. Mr. Destafney holds a Bachelor’s of Science degree and a Master’s degree in Civil Engineering from the University of Florida and is a registered professional engineer in several states. During more than 20 years experience with the U.S. Navy, Mr. Destafney oversaw hundreds of construction projects where he was responsible for schedules, quality assurance and safety, including the $50 million construction of an airport in the Palau Islands.
Other projects built under Mr. Destafney’s oversight at locations such as the U.S. Naval Academy in Annapolis Maryland, include water/wastewater systems, roads, highways, waterfront bulkheads, multi-story buildings, power plants, major utility projects and whole house repairs. These multi-faceted projects all gave Mr. Destafney significant experience with reinforced and pre-stressed concrete, concrete batch plants, rock quarry and dredge site operations, timber construction, piles and drilled piers, asphalt batch plant and paving, buried utility systems, environmental restoration and building utility systems. On all of these projects, one of Mr. Destafney’s primary duties was Safety Director. In this role, Mr. Destafney was required to ensure that contractors working under his direction complied with OSHA regulations as they pertain to construction work. Because of this, Mr. Destafney is quite adept with OSHA’s safety standards for construction and general industry. He is OSHA authorized to teach OSHA-10 and OSHA-30 construction safety courses.
As the Director of Engineering at the U.S. Navy Public Works Center on the Island of Guam, Mr. Destafney managed a team of 100 engineers and architects who worked on design for projects built in the Guam region, giving Mr. Destafney an insight into the role and potential liabilities that designers may have with respect to design deficiencies and construction accidents. Mr. Destafney also served for two years as the Operations Officer for one of the Navy’s eight SEABEE battalions. During this time, Mr. Destafney oversaw large construction projects under austere conditions at locations ranging from Adak, Alaska to Saudi Arabia.
Mr. Destafney came to CED in 1998 and since that time has worked on hundreds of cases ranging from construction falls to building code violations. Mr. Destafney has considerable deposition and court room experience. This, coupled with his significant construction and safety experience, makes Mr. Destafney one of our premier experts.
 Michael Tracey, P.E. is one of CED’s Structural/Civil Engineers. Mr. Tracey holds a Bachelors Degree in Civil Engineering and Materials Science from the University of Connecticut and a Masters Degree in Civil Engineering concentrating in Structural Engineering from the Illinois Institute of Technology. Along with his formal education, Mr. Tracey also has been a guest lecturer at the University of Connecticut - School of Engineering.
Prior to joining CED Investigative Technology, Inc’s Civil Engineering group, Mr. Tracey has worked in several different capacities with varying tasks and areas of expertise. In 1981, Mr. Tracey joined Cynga Energy Services in the capacity as a Structural Engineer. While at Cygna, Mr. Tracey was responsible for power plant structural modifications, seismic analysis and resolving construction issues. In 1986, Mr. Tracey joined Sikorsky Aircraft, a subsidiary of United Technologies, in the role of Senior Engineer. Mr. Tracey’s duties included design work on Airframe Structures, performing fatigue and accident analysis on structures while maintaining a top secret clearance with the United States Government.
After leaving United Technologies in 1990, Mr. Tracey joined Connecticut Resources Recovery Authority (CRRA), a quasi-public agency responsible for managing the solid waste and recycling needs for the State of Connecticut and recovering waste and turning it into energy. Mr. Tracey’s role as the Director of Operations was to plan, develop and manage all of the large engineering and construction projects of the agency including construction of regional recycling centers and landfills, power plant improvements and environmental remediation projects. Mr. Tracey’s expertise and management capacity was instrumental in the growth of the agency. His ability to handle complex issues from program management, facilities operations, dispute resolution, OSHA issues and engineering design reviews made him an excellent fit in his duties at CRRA.
Mr. Tracey has also held the role of Senior Consultant with Dvirka & Bartilucci where he helped provide condition assessment and financial planning for major projects until joining CED. Mr. Tracey’s experience and formal education make him one of CED’s most valued engineers.
 Jason Boyd is one of CED Investigative Technologies Inc. Civil Engineers with a background in construction services, development design, storm water management, LEED (Leadership in Energy and Environmental Design) and many other areas. Mr. Boyd has a Bachelors Degree in Civil Engineering from Lafayette College in Easton, PA and is a registered Professional Engineer in several states, as well as a certification as a LEED accredited professional.
Prior to joining CED, Mr. Boyd was the Chief Operating Officer for Weaver, Boyd, Mummert & Associates. He was responsible for project planning, site design, storm water management, permitting and more for hotels, shopping centers and other construction projects. Prior to Weaver Boyd, Mr. Boyd was project manager for Keith Zayac & Associates Inc. in Safety Harbor, Florida. Mr. Boyd’s duties included land permitting, project scheduling, landscaping and utility design. While at Zayac and Associates, Mr. Boyd was instrumental in several projects that implemented LEED accreditation -- from the site design to construction materials.
Prior to Keith Zayac, Mr. Boyd was a project engineer for First Capital Engineering Inc. where his duties included site layout designs, erosion and sediments and Phase I environmental site assessments and zoning requirements. Mr. Boyd additionally has experience with the building codes and standards from several different states. He is a member of the American Society of Civil Engineers and the United States Green Building Council.
For more information on CED experts, please call 800.780.4221 or contact one of our regional offices to speak with a case specialist. |
