Published: Jan 1990
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The cost of accidents has escalated to a point which prompted voter initiatives appearing on ballots during 1988 and 1989. To date, court rulings appear to look favorably upon voter choice. This paper describes the effect of the new litigation on the defense of slip, stumble, and fall (SSAF) accidents. It sets forth high-technology and engineering procedures which provide for a more equitable cost distribution for those cases wherein joint liability exists. High-technology investigative procedures are described which provide a technically valid foundation for the claims evaluator and attorney during settlement negotiations. Innovative graphics are produced with proper foundation as a by-product of the high-technology investigative procedures. Set forth in outline form is the necessary additional background knowledge required by both claims evaluator and trial attorney for suggested implementation of the proposed system. A sample case is presented.
strict liability, noneconomic damages, risk taker, coefficient of friction, biomechanical traction, tortfeasor
Senior partner, Momaerts & Rutledge, Los Angeles, CA