When a construction worker fell while using appropriate fall-protection equipment, questions arose about equipment design, appropriate anchorage points, worker training, and the responsibilities of those involved in the project. Baker & O’Brien conducted an independent technical evaluation of the evidence and the opposing expert’s opinions to help counsel prepare for trial. Our analysis supported counsel’s assessment of the technical issues and preparation for cross-examination.

Construction workers routinely perform tasks at elevation, making properly selected and used fall-protection systems essential to safe work practices. Concrete wall construction may involve reinforcing steel installation alongside modular formwork systems with engineered features designed to support construction activities. Safe use of this equipment depends on understanding its design, identifying suitable attachment points, and communicating relevant safety information to the personnel performing the work.

During construction of a concrete wall, an ironworker fell while working on formwork. The worker was wearing a personal fall-arrest harness but had attached his lanyard to a component not designated as an anchorage point. The incident raised questions about the formwork’s design, the availability of information identifying appropriate attachment points, the worker’s training and experience, and the safety responsibilities of the contractors and project owner.

Baker & O’Brien was retained by counsel to conduct an independent technical analysis and assist in evaluating the opposing expert’s opinions in preparation for trial. Our review included depositions, witness statements, job safety analyses, safety plans, contracts, equipment documentation, and investigation reports prepared by the involved organizations. We examined the formwork configuration, fall-protection requirements, the information available to the work crew, and the respective contractual and operational responsibilities of the project participants. We also evaluated the opposing expert’s qualifications and the technical basis for his opinions.

Baker & O’Brien’s analysis helped counsel prepare to cross-examine the opposing expert at trial. The engagement illustrates how independent engineering and safety analysis can help attorneys assess expert opinions, examine the evidence underlying those opinions, and prepare to address complex technical issues in litigation.