Building Codes Expert Evaluates Fall Caused by Unstable Railing

Case Overview

This case involves an elderly man in Oklahoma who suffered a serious injury after falling due to an unstable railing. At the time of the incident in question, the man was at a restaurant eating breakfast when he got up to use the restroom. On the way to the restroom, which is accessible only via an exterior set of shallow steps, the plaintiff held onto the handrail which was noted to be loose and wobbly. Due to the instability of the railing, the plaintiff lost his balance and fell, causing him to sustain a compound fracture of his right arm. It was claimed that the railing was not up to building code standards at the time of the incident.

Questions to the Civil Engineering expert and their responses

Can you determine if this railing was up to code at the time of this incident?

The applicable building code is the one in effect during the last major renovations. It sounds like we are talking 65 BOCA or so. ADA requires all facilities to meet their standards with minor exceptions (unduly burdensome, extreme cost, etc). The property maintenance code for this jurisdiction will also come into play, specifically with maintenance of the stairs and handrail.

About the expert

This certified professional engineer earned a BS in Civil Engineering from Lafayette College and an MS in Environmental Planning and Management from Johns Hopkins University. He is a member of the American Society of Civil Engineers and the United States Green Building Council , and specializes in site design, construction management, and building/maintenance codes. He formerly served as a project engineer and project manager of two private engineering firms, before becoming the engineering manager and COO of a top engineering form in Florida. Currently, this expert is a civil engineer at a private engineering and consulting firm.