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Building Codes 311: Casualty Case Studies

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This course teaches insurance professionals about building codes and standards
relevant to personal injury causes of action. Building codes are important to
insurance professionals where pleadings include causes of action based on breach of
duty for failure to comply with a statute or breach of duty where the standard of
care may be based on codes and standards. Codes and standards are also relevant
because compliance with codes by defendants can serve as support for summary
judgment. Using case studies involving bleacher trips and falls, parking lot trips
and falls, and storefront vehicle crashes, the PLRB instructor walks the students
through relevant codes and standards including the International Building Code, the
International Property Maintenance Code, the International Zoning Code, the ADA
Accessibility Guidelines and Standards, ICC A117.1 Accessibility Standard, as well
as certain ASTM standards.

What CE Credit is available?

Note: To qualify for credit, you must submit completion (including a passed final exam if required) within five days of completing the last quiz. No partial credits will be awarded.

State:
Adjuster General
CE Hours:
Adjuster Ethics
CE Hours:
Attorney General
CLE Hours:
State's Course ID:
NH 2.0 481877
TX (classroom equivalent) 2.0 142640
NC 2.0 206945
FL * ( Provider Number: 364169 ) 2.0 - Optional 1215345
IL 2.0 635052
WY 2.0 37394
OK 2.0 1028139

* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.

Course Content

Bleacher Case Study ADA Implications
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Lesson Content
  1. Introduction
  2. Bleacher Trips and Falls
    1. Anne Hathaway slip example
    2. Using seats as treads example
  3. Case Study Setting
    1. Gymnasium with Bleachers with Wheelchair Cutouts
    2. Trip and Fall Scenarios
  4. ADA
    1. Civil Rights Statute enforced by Department of Justice
    2. Portions of ADA cut and pasted into codes
    3. Appear in Egress type provisions
  5. ADA Assembly Areas
    1. Includes arenas, stadiums, grandstands
    2. Scope includes new and altered existing buildings
  6. Wheelchair seating
    1. Spaces plus companion seating required
    2. Must encircle field of play
    3. Such spaces may be convertible
    4. Bleacher exception for vertical dispersion
    5. Dimensional Requirements listed
  7. No Guard Requirements for Wheelchair Spaces in ADA
  8. Compliance as a Defense
  9. Recap
Bleacher Case Study IBC Implications
Expand
Lesson Content
  1. Facts
  2. Accident Descriptions
    1. Pedestrian Spectator Falls
    2. Descending Spectator Falls
    3. Guard v. No Guard
  3. 2015 IBC Sec. 1029 Assembly
    1. Bleachers comply with ICC 300
    2. Guards required above 30 inch walking surface
    3. Illustration of code requirement
  4. Referenced Standards
  5. ICC Public Access
  6. 3 editions of ICC 300
  7. ICC 300 and Required Guards
    1. Scope – applies to new and existing stands
    2. Section 408 Guards
    3. Guards required above 30 inch walking surface in all editions
    4. ICC 300 incorporated in IBC since 2006 edition
  8. Application of Standard to Facts
  9. ICC interpretation of Walking Surface
  10. Openings in Required Guards
  11. Key dimensions in codes
  12. Illustrations of Compliant/Non-compliant Guards
  13. Openings below Seats
    1. Anne Hathaway Example
    2. ICC 300 Sec. 504 protection required
    3. Basketball example
  14. Questions about Duty extending from Code Requirements
  15. Unexpected Conduct on Bleachers
  16. Recap
Wheel Stop Case Study
Expand
Lesson Content
  1. Introduction
  2. Trip and Fall Scene 1
    1. Wheel Stop Identified
    2. Scene Layout 1
    3. Markings and Contrast 1
    4. Purpose of Preventing Encroachment
    5. Scene Layout 2
    6. Markings and Contrast 2
    7. Lighting
    8. Gaze-Attention
  3. Trip and Fall Scene 2
    1. Scene Layout
    2. Lighting
    3. Markings-Contrast
    4. Gaze, Attention, Trip-and-Fall
  4. Wheel Stop Case Study Facts
  5. Why Code Might be Relevant to Liability
    1. Case Law has found that Wheel Stops are Open and Obvious, Not Inherently Dangerous
    2. Violation of Code and Standards May Impact Legal Duty
  6. Wheel Stops Names for Legal Research
  7. Wheel Stops Preserve Minimum Legal Widths of Accessible Paths
  8. Model Building Code Examined for Wheel Stops
    1. Overview
    2. IBC – Focus on Accessible Parking
    3. IPMC – General Maintain Safe
    4. IZC – Dimensions and Numbers
    5. Model Code Summary
  9. ADA and Wheel Stops
    1. ADA Standards Guide Illustration
    2. ADA Accessibility Guidelines Illustrations
    3. Identifying Source of Illustrations
  10. ADA & Codes Explained
    1. Identity of U.S. Access Board
    2. U.S. Access Board drafts Guidelines and Guides to Standards
    3. DOJ and DOT
    4. Not Building Codes
    5. ADAAG Enters Codes via ICC
  11. Recap
Wheel Stop Case Study Continued
Expand
Lesson Content
  1. Intro
  2. United States Access Board
    1. Membership Expertise
    2. Drafters of Non-Mandatory ADA Accessibility Guidelines
  3. 2010 ADA Standards
    1. Drafted by DOJ
    2. Content = CFR + ADAAG
    3. Not Building Codes
  4. ICC A117.1
    1. ICC Publishes Standards
    2. Incorporated into Building Codes by Reference
    3. Code vs. Commentary
    4. Incorporation via Chapter 11
  5. Comparison of ICC A117.1 and ADAAG
    1. Comparison of Table of Contents
    2. Incorporation Empowers Building Officials to Enforce ADAAG Concepts
  6. Advisory Language
    1. ADAAG 502.7
    2. ADAAG Comment
    3. ICC A117.1-2009 Section 502.8
    4. ICC Comment
  7. Accident Site
    1. Traveled and alternate paths
    2. Egress issues
    3. Encroachment issues
  8. Recap
Wheel Stop Case Study Conclusion
Expand
Lesson Content
  1. Review of Prior Section
  2. ASTM F1637
    1. Is this standard Plaintiff “Gold”?
    2. Plaintiff’s Attorney presentation
  3. F1637 Standard Practice for Safe Walking Surface
    1. American Society for Testing and Materials
    2. Use a committee system to produce the “standards”
  4. Scope
    1. Guidelines for minimum maintenance on new and existing structures
    2. Broad wording
  5. Wheel Stops
    1. “Avoid” use in lots
    2. “Shall not be placed in pedestrian paths”
    3. Terminology found in F1646
  6. ASTM F1646 Standard Terminology Relating to Walkway Safety
    1. Foreseeable pedestrian path
    2. Walkway (05:15 – 05:33)
    3. Broad, almost any paved surface
  7. Is it a “Standard Practice” behind the name?
    1. Generally recognized?
    2. Originated in 1995; Would a real world survey show it being followed?
    3. Not incorporated into model codes
  8. Girdler v. U.S.
    1. Trip and Fall
    2. ASTM F1637 relied on by plaintiff
    3. Defense showed not adopted
    4. If not adopted, no duty
    5. Should use caution when using in suit
    6. Looked at code commentary
    7. F1637 was “too blunt of a tool” under the circumstances
  9. F1637 Covered Locations
  10. Price v. Roadhouse Grill
    1. Wheel stop trip and fall
    2. Expert explained encroachment use, ADA, common practice, DOJ recommendation
    3. Held “utility of the car stop outweighed any risk”
  11. Recap
Bollard / Storefront Crash Protection Case Study
Expand
Lesson Content
  1. Example Facts
  2. Storefront Danger Statistics
    1. Deaths and Injuries
    2. Bollard costs
  3. New Building 2016 Comparison
    1. ADA Compliant Layout
    2. Absence of bollards or barriers
    3. Glass wall, clear vehicle path with ramp
  4. Head-in Parking v. Parallel
  5. Protective Barriers
    1. Bollards
    2. Planters
  6. Crash and Grab Prevention
  7. Errant Motor Vehicles Legal Issues
    1. Impact of Codes on Duty
    2. Caselaw collection
    3. Duty to erect barriers, foreseeability
    4. Mixed Results/possible new trend
  8. Factors Potentially Relevant
    1. Drunk driver
    2. Height of curb
    3. Sidewalk
    4. High traffic area
    5. Prior notice
    6. Compliance with building
  9. Graham v. Langley
    1. Facts
    2. Building code compliance
    3. Dissent didn’t like that code was silent
  10. Cheeks v. AutoZone
    1. No duty to erect barriers
    2. Duty to use care when installing bollards
    3. Plaintiff sought refuge
    4. Duty despite purpose of bollards
  11. ASTM F3016 Testing of Barriers for Low Speeds
    1. Standard to test bollards
    2. Applies in low-speed storefront scenarios
  12. ASTM F1637
    1. Bollards preferred to wheel stops
    2. Wheel stop height
    3. Impact on storefront issue
  13. “StorefrontCrashExpert.com”
  14. Sample Storefront Legislation
  15. Dangers of Bollards & Competing Design Interests
  16. Wrap up
  17. Recap
Get CE Credit or Certificate of Completion. Must be completed within 5 days of course completion to receive credit.

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