Accident reconstruction expert witness advises on trip and fall at concert

Accident reconstruction expert witness advises on a case involving a concert attendee who tripped on cables. The plaintiff was attending an empowerment conference at an arena with a group of friends when she tripped over one or more electrical cables that ran from the stage to the sound booth. She fell and suffered a serious injury. She filed suit against the production company, arena owner and conference presenter under contract and tort law.

The plaintiff asserts that she did not see the cables because of poor lighting. Further, the cables were not covered nor marked with warning tape. She alleges that the defendants breached the duty of reasonable care owed to her by either negligently placing the cables or mat in the aisle or by failing to provide adequate warning of the dangerous condition.

The defendants contend that the cables were covered with a rubber mat that had been taped down with yellow tape to warn attendees of the potential hazard.

Question(s) For Expert Witness

1. Did the cables present a hazard?

2. Did the cables and warnings meet code requirements?

Expert Witness Response

It is my opinion that the electrical cables and coverings where the plaintiff fell were a tripping hazard due to the physical properties and dimensions of the rubber matting employed. Further, the use of such a temporary cable covering is in violation of the National Electrical Code requirement regarding the physical protection of wiring components. Appropriate hardware was readily available for such applications and should have been used in this case. The geometry and physical properties, including color, of the coverings which should have been used are important as they relate to warnings and tripping hazards; a visual reconstruction of the scene, perhaps with Jvt image manipulation, might be helpful to understand the scenario further.

The expert relied on facts provided by the plaintiff and her attorney, the facts contained in the pleadings, discovery materials and the National Electrical Code.

The expert is a mechanical engineer with more than 50 years of experience.