Plaintiff was working on rooftop equipment at a beverage facility when he fell through a skylight. The roof had recently been remodeled and hundreds of skylights were added. He sued the property manager, the general contractor, the project manager and the roofing subcontractor for negligence.
Question(s) For Expert Witness
What regulations applied to the skylight standards? Were they violated?
Expert Witness Response
Based on my education, background and training, extensive experience analyzing similar cases, and my review of documents, I am of the opinion that all skylights installed on a roof that will be subject to the presence of workers, such as the plaintiff, must be of equal strength as the overall structure of the roof, including a minimum 300 lb. live load requirement by OSHA and building codes. To the extent that a skylight system (frame, lens, etc.) does not meet the necessary strength requirements, that skylight poses the same potential risks and hazards as an open hole, and therefore must be protected through the use of proper guardrails, screens, or cages. Where the subject skylight was unable to support the necessary minimum load requirements, and in failing to provide either a load-bearing screen or guardrails for each of the subject skylights, the subject roof and skylights were an unreasonably dangerous condition, which was the direct cause of plaintiff’s fall and resulting injuries.
The expert is a mechanical engineer with more than 14 years of experience working in safety engineering and forensic engineering. He has investigated more than 1,000 cases.
About the author
Kristin Casler
Kristin Casler is a seasoned legal writer and journalist with an extensive background in litigation news coverage. For 17 years, she served as the editor for LexisNexis Mealey’s litigation news monitor, a role that positioned her at the forefront of reporting on pivotal legal developments. Her expertise includes covering cases related to the Supreme Court's expert admissibility ruling in Daubert v. Merrell Dow Pharmaceuticals Inc., a critical area in both civil and criminal litigation concerning the challenges of 'junk science' testimony.
Kristin's work primarily involves reporting on a diverse range of legal subjects, with particular emphasis on cases in asbestos litigation, insurance, personal injury, antitrust, mortgage lending, and testimony issues in conviction cases. Her contributions as a journalist have been instrumental in providing in-depth, informed analysis on the evolving landscape of these complex legal areas. Her ability to dissect and communicate intricate legal proceedings and rulings makes her a valuable resource in the legal journalism field.
