Faced with inquiries about city agency standards after the deadly collapse of a building through the roof of a Center City Salvation Army store this summer, Philadelphia Mayor Michael Nutter has appointed a new commission to investigate L&I, the City’s Department of Licenses and Inspections. The Center City building fell due to dangerous practices by the contractors demolishing it, which left it looming without adequate structural support or bracing over the one-story Salvation Army Thrift Store next door. It didn’t take a rocket scientist (or engineer) to foresee that the unsupported 4-story structure might collapse and cause serious injury and death.
The building collapse injury attorneys at Denena Points, PC note with approval that a stated goal of the mayor’s commission is to learn how similar building collapse tragedies could be prevented in the future, an especially relevant consideration in a nation where cities are filled with aging and deteriorating infrastructure. One commission member opined that many of these structures would need to be demolished and replaced in the near term.
Demolition generally isn’t given as much attention or oversight as construction, so the commission report could help by providing independent guidelines to change this and raise safety standards. Building collapses can be deadly to first responders, workers, and passers-by alike.
The 12-member commission includes a professor from John Jay College in New York who helped investigate the World Trade Center disaster, as well as two faculty members from Philadelphia’s Drexel University. One of them is a construction engineer, and one is an historian specializing in the history of disaster responses. Other members include representatives from the construction industry, labor groups, and the City Council.
Having the perspective of a commission member that specifically has researched what makes disaster responses and investigations successful could help the commission achieve its goals. The Drexel professors expressed their hopes that the commission might come up with a useful set of guidelines to prevent building collapses and save lives, perhaps even a model set of safety measures that could be applied in cities nationwide.
The commission has some hard work ahead of it. L&I has been under fire since the deadly Salvation Army accident for lax practices and standards. And our building collapse injury attorneys point out that the ensuing months have continued to see a number of structural collapses in Philadelphia, including a deadly balcony collapse in Center City, that might indicate a long-term problem with the city’s inspection and building standards.
Learn about some of the important safety and inspection standards that help make for a safe balcony. Download your free report by clicking the book icon on this page.
It’s not even been a week since the tragic collapse of the International Nutrition feed plant, and rescue crews in Omaha, Nebraska have again been called to the site of a serious construction site stairway collapse accident. Reports have indicated that 2 to 4 workers were injured on Monday afternoon when a temporary stairway collapsed. The temporary stairway had been built of cinder blocks and wood, and the wood apparently gave way.
The workers fell about 20 feet. One reportedly sustained life threatening injuries while another suffered serious injuries. The stairway collapse occurred at a construction site at 13th Street and Jones where a building is being converted into apartments. (Erin Murray, wowt.com, 1/28/14) The hearts and prayers of our stairway collapse injury attorneys are with the injured workers and their families.
The Importance of Temporary Bracing during Construction
Our stairway collapse injury attorneys have written before about the critical importance of proper temporary bracing during the construction phase of a project. Most unexpected structural collapses during construction happen because adequate temporary bracing was not installed.
An OSHA study of the causes of structural collapse construction accidents that occurred between 1990 and 2008 revealed that more than 60% involved collapsed temporary work structures like steel platforms and scaffolds. The causes of many of the platform failures were inadequate anchoring and bracing. In Monday’s Omaha case, the makeshift stairway made of blocks and wood sounds like it might have been particularly vulnerable to shifting and collapse when weight was applied.
Lack of proper bracing and resulting structural collapses are also a problem during demolition of buildings. The deadly Center City building collapse in Philadelphia over the summer that killed 6 and injured 14 has been blamed on removal of important structural support members (including joists) that would have braced the walls as the building was torn down.
Denena Points, PC’ stairway collapse injury attorneys emphasize that the critical supports had been completely removed, leaving three stories of brick wall standing vulnerable without support. Lacking proper support, the wall fell through the roof of the Salvation Army store next door, burying shoppers and workers alike in rubble.
Employers might be faulted in these cases for inadequate safety policies and insufficient worker training in proper bracing procedures. As the Omaha stairway collapse indicates, such failures could lead to needless worker injury, incapacitation, or death.
Almost all construction accidents are preventable. Click the link below to read more about proper bracing during construction projects.
The International Nutrition plant, in operation for more than 40 years, made nutritional additives for livestock and poultry feed. Industrial plant structures like the silos, tanks, and storage bins in use at the plant suffer varying amounts of corrosion and wear over time just from the materials processed through them. Our industrial accident injury lawyers note that the different materials also have differing thresholds on friction and bursting, for instance.
As discussed in another of our recent posts, ordinary materials like grain can ignite and explode when suspended in the air in sufficient quantity in dust form. The force of the explosion can collapse the plant, and the resulting fire can cause serious or fatal injury to those trapped by the concrete, timber and steel of the structure. Between 1980 and 2005, the federal Chemical Safety and Hazard Investigation Board noted more than 280 accidents involving combustible dust. Those explosions killed 119 workers, injured more than 700 others, and caused massive property damage in the industrial structures where they occurred.
As dangerous and deadly as these industrial accidents can be, your risk of being killed in a car wreck on the way to or from work is 35,000 times greater than your risk of dying in a structural collapse at work. But the industrial accident injury lawyers at Denena Points, PC understand that the relative risk is no consolation to the injured or killed workers and their families after a tragic industrial accident.
OSHA investigators and other authorities are currently trying to determine the sequence of events leading up to the collapse and explosion at the International Nutrition plant in Omaha. That tragic accident killed David Ball and Keith Everett and hospitalized at least 10 other workers. The authorities’ careful investigation will help them discover what causes contributed to the accident (there could be several in such a complex incident) and what additional safety precautions might help prevent other, similar disasters.
They have already collected photos and some unspecified pieces of evidence from the site. The investigators are also likely in the process of interviewing survivors of the collapse, and examining building plans, inspection and maintenance reports, and inventory records to determine what structural components failed and what substances inside the building might be prone to combust in dust form.
Firefighters braved seriously threatening conditions to get to the trapped and injured workers after the International Nutrition plant collapsed. The temperatures were well below freezing and they reportedly endured the spray of extremely cold water from the building’s sprinkler system. All the while, unsound, sagging masses of partially collapsed steel and concrete loomed over their heads.
Rescue workers said that they could tell right away that the two deceased workers were tragically beyond their help. And they focused on getting badly burned victims out of the wreckage and on sawing a man out of the debris that trapped his legs. They also faced the daunting task of rescuing workers trapped 70 feet above on what remained of the third floor. Their efforts were truly heroic. Our industrial accident injury lawyers have written several articles discussing the greatest danger firefighters face: structural collapses as they work inside burned buildings. Use the internal search feature on our web page to find articles on this topic.
Pictures show a balcony platform still jutting from the fourth floor exterior, and a tangled heap of metal that looks like a guardrail assemblage tangled on the ground below. The balcony collapse attorneys at Denena Points, PC note that the third floor balcony platform and guardrail appear to still be in place, though seriously dented. Perhaps by the heavy impact of the fourth floor guardrail.
Joseph R. Loferski, PhD and Frank E. Woeste. PE, PhD, recently released a report examining the dangers of deck and deck rail collapses. (Structural Safety of Wood Decks and Deck Guards) Although their report focuses most closely on the safe construction of wooden decks and rails, the primary hardware connection issues apply as well to metal and concrete decks and balconies.
The two engineers maintain that the primary reasons for guardrail failure involve:
And because the structures are outside, they suffer more weathering and corrosion than indoor structures.
In the pictures from the Rittenhouse Square Center City, Philadelphia collapse, it appears that the guardrail failed, sending one young man to his death, and two young women to severe and perhaps incapacitating injuries involving broken backs.
The reasons for these catastrophic injuries need to be examined.
In the meantime, reports state that residents apparently are not allowed to use their balconies, and in the event of emergency are limited to their front doors, a very dangerous condition. (6abc.com WPVI-TV Philadelphia) Reports say that the building’s owner, the Khorram Group, has no history of violations for the site. And that the city only inspects if there is a complaint.
Our balcony collapse attorneys note that the city of Philadelphia and its Department of Licenses and Inspections are under fire for lax practices since the Center City building collapse this past summer that killed 6 people and injured 14 in a Salvation Army store adjacent to a building undergoing demolition. Read more about the Center City building collapse controversy that involved the Salvation Army store.
On Thursday morning in Buckingham Township, PA just before 9, a building collapsed and trapped a worker in the Heritage Center development by York Road. The mixed-use development will include office buildings and residential town homes. The Buckingham Township building collapse occurred in the office building part of the site.
The worker was reportedly trapped under the building’s rubble for around an hour before rescue crews were able to extract him. He was airlifted to the hospital in unstable condition according to authorities.
There was no information available yet on the cause of the dangerous collapse. The investigation was going to be conducted by Buckingham Township’s code enforcement personnel and the Fire Marshal. (Kara Seymour, Newtown, PA Patch, 1/9/14) The thoughts and prayers of our building collapse injury attorneys at Denena Points, PC are with the injured worker and his family at this time.
This tragic accident is only one of several incidents we have written about over the past year where a building under construction suddenly collapsed, injuring and killing workers at the site. We emphasize that these accidents are entirely preventable with safe construction practices and careful safety procedures.
U.S. OSHA has promulgated an extensive body of rules designed to guide safe construction practices, procedures and worker training. Various bodies of rules focus on high-rise construction, steel construction, proper safety equipment, fall prevention, and other specific concerns regarding worker safety. Individual states and municipalities often have additional rules addressing the special considerations of their local environment and community.
But builders are under pressure to work quickly, and workers might be poorly trained before being sent onto the work site. Sometimes safety equipment and rules are lacking. And very often buildings go up without the proper temporary bracing to support the structure as construction goes forward.
Dangerous collapses of buildings still under construction are happening with alarming frequency, which indicates needs for:
Contact us to Report a Serious Building Collapse Injury and get the Help you Need
The building collapse injury attorneys at Denena Points, PC are very concerned with worker safety in the construction industry. U.S. Bureau of Labor Statistics data marks the construction industry as one of the most dangerous in the United States. Almost 1 in 5 of all fatal on-the-job injuries occurs in construction. Our goals are to ensure that all serious construction industries get reported to the proper agencies and that the injured workers and their families get the legal help they need to recover financially after a debilitating injury or on-the-job death.
Getting the help you need with medical bills and lost wages after an accident can be complicated and challenging. Among other things, you’ll need to know whether workers’ comp covers your claim, or whether you’ll be able to sue the employer directly for the harm you’ve suffered. You’ll also need to know the hard deadline governing the filing of your claim.
Call us at 713-807-9500 for a free initial legal consultation, without obligation, to discuss your case and evaluate your eligibility for the full financial recovery you deserve. Or just fill out our online contact form to schedule your free consultation. Let us help.
We were just writing about one Ohio town’s careful preparations and protections against possible building collapse injuries in case two partially collapsed structures on the town’s Main Street deteriorated further. But our apartment building collapse attorneys emphasize that you aren’t always allowed the luxury of preparation.
Today’s news was filled with accounts of a devastating apartment building explosion, fire, and collapse in Minneapolis, Minnesota. Around 8 a.m. on New Year’s Day, a blast ripped through a three-story apartment building on Cedar Avenue South. It’s not yet clear what caused the explosion: a gas leak, accidental ignition of an ill-advised New Year’s fireworks stash, a failed attempt to make drugs, terrorism, someone setting off two dozen bug bombs, or some other thing.
But at least 13 people have suffered severely for someone else’s mistake and negligence. Six of them are in critical condition from the disaster. These people have been conveyed to the hospital with serious burns and trauma injuries. Some of the injuries occurred as people jumped from the blazing building.
The first floor of the building is a grocery, with 10 apartments on the second and third floors. News accounts of the incident did not state on which floor the explosion and fire originated. The second and third floors of the building have already collapsed from the devastation, and some residents of the building have reportedly not been accounted for. (KARE News and Michael Sheridan, New York Daily News, 1/1/14)
Contact the Experienced Apartment Building Collapse Attorneys at Denena Points, PC for a Free and Confidential Consultation
We understand the suffering of victims and their families after a catastrophic accident, and we provide an entirely FREE, no obligation initial legal consultation to discuss the specifics of the accident and evaluate your eligibility for a full financial recovery for the injuries and losses you have suffered as the result of someone else’ negligence. Call us at 713-807-9500 or reach us anytime through our online contact form.
Our more than 12 years of experience have helped guide injured clients and their families nationwide to successful financial recoveries after complex collapse accidents and injuries have changed their lives forever. The dedicated apartment building collapse attorneys at Denena Points, PC could help you too. Contact us today.
It never hurts to learn from other’s mistakes. But few seem able to do it. That’s why the worst elements of history repeat themselves over and over again.
Officials in Zanesville, Ohio have apparently taken to heart many of the lessons learned from the tragic deaths and injuries stemming from the Philadelphia Center Street building collapse into a Salvation Army store. Apparently someone in Zanesville called in a report that a hawk had been seen flying into an abandoned building on Main Street. And that call led to inspections by a wildlife official and firefighters who found that parts of the buildings had collapsed. The buildings’ rear wall had fallen down through the first floor ceilings.
To me, that sequence of events and its response already seems well above average in terms of official concern. For instance, just this past New Year’s Eve at my apartment complex, multiple residents or their guests were shooting off firearms in celebration of the New Year. (I personally don’t get how wasting ammo constitutes due celebration.) It sounded like a firefight between rival gangs (which have also occurred). And as our complex is not the most sturdy and the gunfire just went on and on, I finally called it in to 911. The dispatcher asked me (seriously), “And what makes you think they don’t have good aim?”
So I was a bit shocked to read of the concern and careful preparations to try and prevent possible building collapse injuries in Zanesville. Actually, I’m wondering if I should move there. It sounds like a good place.
The officials cordoned off the buildings and brought in structural engineers and people from multiple companies to evaluate the situation. A structural engineer involved in the work refused to speculate on possible scenarios and properly referred questions to the city.
If you recall, in the Philadelphia Center Street building collapse,
In Zanesville:
So far, the determination indicates that there’s no imminent threat of further collapse in the structures. But Service Director Jim Sawyer said that, “It’s better to have a plan of action in pace than to wait for something to happen.” (Brian Gadd, Zanesville Times Recorder, 1/1/14)
Truer words were never spoken. Our building collapse injury attorneys at Denena Points, PC expect that the grieving families and friends and seriously injured people in Philadelphia no doubt wish that their local officials had thought along the same lines.
Deck collapse accidents and injuries are preventable. Yet every year and every holiday we see news accounts of sudden deck collapses during festive gatherings where those on the deck get injured, or killed. Regular inspections (at least twice per year is recommended) and maintenance of an outdoor deck can help prevent these collapses and resulting injuries and deaths.
Some of the things to look for in inspecting decks and other outdoor structures include hardware corrosion, loosening at the connection between the deck and the house, rotting, split, or cracked wood, loose or missing nails, screws, and connecting hardware, loose, damaged, or missing supports and deck planks, and/or loose or wobbling guard rails.
Water Leaks, Rot, and Deck Failure
Decks should be connected to the house by a sturdy ledger board. And flashing should protect that board, a waterproof covering that helps prevent moisture leakage into the house and consequent rot. When decks are connected to a house, the holes made for the connecting hardware always carries the potential for water seepage. The holes could be filled with a silicone caulk to help prevent moisture entry. When water gets in, the wood begins to rot, and hardware can come loose and pull out of the weakening wood so the deck’s foundation will be weakened. To prevent this, some builders suggest constructing a freestanding deck that isn’t connected to the house.
Because of problems with moisture seepage, rot, and loosening connecting hardware, most deck failures actually occur at the point where the deck connects to the house. The other primary cause of deck collapse injuries and deaths is failure of the guardrail.
The Necessity of Good Guard Rail Design and Construction
Local codes might specify different height requirements on guardrails for decks, and have more stringent requirements for public or commercial decks than for the deck on your home. A standard railing height is 36 inches, and they have to be able to support a load of 200 pounds in any direction.
But many builders “notch” guard rail posts so that the notched part rests on the deck surface while another part of the post extends down over the side. This creates a serious weak point in the guardrail post, and creates a natural starting point for cracking and splitting in the wood.
Building Permits, Detailed Construction Plans, and Inspections during Building are Keys to Ensuring Deck Safety
Frank Woeste of Virginia Tech points out that building an elevated deck is the most challenging element in constructing a home because the construction details needed to satisfy the load requirements set by the IRC are not included in the Code. (Structural Safety of Wood Decks and Deck Guards, Joseph R. Lofersky, PhD and Frank Woeste, PE, PhD, 2013) It takes experience and knowledge to understand how to actually satisfy the Code requirements and how to inspect for compliance with the Code. And because a roof doesn’t protect outdoor structures, they age and weather at a faster rate and in different ways than the rest of a home. Many inspectors qualified to inspect a home and its interior aren’t similarly qualified to inspect the home’s outdoor structures like decks, balconies, porches, and exterior stairways.
The task of inspection is complicated by the fact that the model IRC code is updated every three years, and localities may amend the code as needed to adapt to local conditions. They also might not adopt all parts of the model IRC, or they might adopt or stick with an older version rather than going with the current version. To help inspectors with the complex task of inspecting outdoor structures, a team of researchers at Virginia Tech developed the Manual for the Inspection of Residential Wood Decks and Balconies (2003).
It’s important for builders and inspectors to keep up with changes in the Code as well as with the new materials and techniques bring introduced constantly into the construction industry. For instance, the latest generations of wood treatments, which can protect the wood longer than older treatments, also tends to corrode connection hardware faster. It’s necessary to take that relationship into account when constructing your deck.
Contact the Experienced Deck Collapse Lawyers at Denena Points, PC
If you or your loved ones have been injured by a deck collapse accident, it’s important that you take steps right away to investigate the accident and determine the causes and liability in order to protect your rights. Our experienced deck collapse injury attorneys have helped with deck failure accidents all over the nation to build successful cases for seriously injured clients and their families.
We offer a free and confidential initial legal consultation to discuss the specifics of the accident and help you evaluate your potential eligibility for a full financial recovery for your injuries. Our more than 12 years of experience with complex personal injury and wrongful death cases could help guide you in making informed decisions about your future after a life-changing accident. Call us at 713-807-9500 or reach us through our online contact form to schedule your free, no obligation legal consultation.
On June 5, a building undergoing demolition collapsed through the roof of the adjoining Salvation Army Thrift Store in Center City, Philadelphia. 6 people died, and 14 more were seriously injured in the collapse. Our building collapse injury lawyers report that Mariya Plekan was the most seriously injured of the survivors. She reportedly remained conscious for 13 hours, her legs pinned under a heavy beam, calling for help as she awaited rescue.
Ms. Plekan has since undergone numerous surgeries, including having both legs amputated above the hip. She was hospitalized for nearly 6 months, and faces ongoing rehabilitation and permanent life care. Before the building collapse, she used to be a caregiver herself, and finds the prospect of living the rest of her life completely dependent on others daunting. Mariya Plekan’s story is just one example of the many human tragedies that result when greed and expediency lead to neglect for basic safety precautions.
In mid-November, OSHA fined the contractor and excavator responsible for the demolition project a combined $397,000 for their roles in the deadly disaster. While these numbers are high for OSHA fines, they can’t begin to account for the human costs of the contractor’s and the excavator’s actions in terms of lives ended, families torn apart, and survivors who must live with debilitating disabilities for the rest of their lives. The building collapse injury lawyers at Denena Points, PC realize that the real tragedy of the deadly building collapse in Center City is that it was entirely preventable had proper demolition practices and basic safety procedures been followed.
David Michaels, an Assistant Secretary at the Department of Labor said that, “If the two employers that OSHA has cited… had followed very basic and obvious safety precautions, six people who were killed on June 5, 2013, would be alive today.” He states that the general contractor, Griffin Campbell, and the excavator, Sean Benschop, showed “willful disregard for safety standards and to the lives of workers.”
You might remember that Sean Benschop was arrested in the days following the collapse, though Campbell remained free. $313,000 of the OSHA fines were levied against Campbell for using a dangerous method to demolish the building, failing to procure an engineering survey before the demolition, and a host of other violations of federal rules. $84,000 of the fines were against Benschop, who was cited for creating a situation where a 3-story wall was left standing (albeit briefly) at the demolition site without support.
Our building collapse injury lawyers note that people seem to be content to overlook the Salvation Army’s own role in the building collapse. The Salvation Army reportedly had refused to negotiate with the contractor and allow them on site to set up protections prior to the demolition. And even with alleged warnings from the contractors’ lawyers of the dangers ahead, the Salvation Army kept its store open. Trying to save souls is no excuse for ignoring the lives that house those souls.
Following the fines from OSHA, criminal charges have also been handed down. 6 counts of 3rd degree murder, 6 counts of involuntary manslaughter, and 13 counts of recklessly endangering others have been filed against Griffin Campbell. District Attorney Seth Williams said, “[T]he motive was greed.” As late as the day before the deadly building collapse in Center City, Campbell is accused of ignoring sensible safety advice. The night before the collapse, an architect allegedly cautioned Campbell that the unsupported wall could collapse at any time. Reportedly, Campbell promised to shore up the wall and knock down the three remaining stories of the building by hand. And allegedly, about an hour before the collapse, Campbell called the architect to tell him that the building had been safely demolished. An appalling lie. An hour later, the building had indeed fallen, in a horrific and clearly unsafe manner.
Griffin Campbell apparently chose the most profitable way of dismantling the building, rather than the safest way, by selling off key support components, joists, for salvage. And then he left a 3-story brick wall standing without support. Continue to Part 2 to learn about the safe way to demolish the Center City building and about punitive damages in such cases where contractors egregiously violate their legal duty regarding your safety.
Continued from Part 1. Our building collapse injury lawyers point out that demolition and construction experts testified before the Philadelphia grand jury that there was a single safe way to demolish an older building like the one at the Center City site. It had to be taken apart by hand, “brick by brick,” from the outside. Using heavy machinery like an excavator to try and demolish the building from the inside was a recipe for disaster.
Sean Benschop, who operated the excavator equipment on the day of the collapse, has been charged with 6 counts of involuntary manslaughter and 13 counts of reckless endangerment. Since the deadly Center City building collapse, a Philadelphia City Council investigative committee has issued 71 recommendations for reform. And the Philadelphia Department of Licenses and Inspections has issued new guidelines regarding demolitions.
The building collapse injury lawyers at Denena Points, PC sadly recall that the daughter of the city’s Treasurer, a young artist, was among the victims killed in the Center City building collapse. (Sources: Karen Araiza, NBC Philadelphia, 11/25/13; Sean Collins Walsh, Philadelphia Daily News, 11/15/13; and Bob Warner, Philadelphia, Inquirer, 11/25/13)
You Might be Entitled to Punitive Damages where Contractors and Excavators Display Willful Disregard for Your Safety
Everyone has a legal duty to look out for the safety of others. With contractors and workers engaged in construction or demolition work, that legal duty is largely codified in federal and local regulations regarding safe practices and procedures.
Where judges and juries find that contractors have committed egregious violations of these regulations and conducted their work with willful or wanton disregard for your safety or the safety of your loved ones, they might award you additional monetary compensation in the form of punitive damages. Our building collapse injury lawyers remark that in serious injury and wrongful death cases, that additional compensation could run into the millions of dollars.
But you must build a strong and compelling case to convince the judge or jury of the defendant’s negligence. For that purpose, you could benefit from the legal counsel, knowledge, and services of an experienced building collapse injury lawyer like Chad Points or Tony Denena.
Call us at 713-807-9500 or simply fill out our online contact form to schedule your free initial legal consultation. We could meet with you to discuss the specific facts of your case and evaluate your eligibility for a full financial recovery for your needless injuries caused by another’s negligence.
We know from experience that serious injuries might require a lifetime of costly ongoing care. Let our building collapse injury lawyers’ more than 12 years of experience successfully resolving complex wrongful death and personal injury cases guide you and your family in making sound and informed decisions after a serious injury accident. Contact us today.