Bryan J. Smith, P.E., Construction Site Safety / Slip, Trip and Fall Consultant
Case Description/Summary: A retail patron attempted to exit the establishment’s front entryway when a piece of raised duct tape on the flooring caught his toe causing him to trip and fall down the exterior steps of the facility. The plaintiff received serious and permanent injuries during this event.
Expert Analysis: A site survey was conducted approximately two years after the incident to gather evidence on behalf of the plaintiff. The building’s entryway threshold was found to have duct tape, similar to that seen in photos taken by the plaintiff at the time of the incident. (see photo below). It was apparent that the establishment’s owner/operator used the duct tape to secure loose rolled vinyl flooring at the door’s threshold position. The owner/operator would remove and reapply duct tape at that location “as-needed” when it became loose and detached. His actions established notice of the condition and the temporary nature of the duct tape “repair.”