Hayes & Associates

“[Erik Power] did an outstanding job [at a jury trial in 2007]. He was extremely well prepared [and] his testimony and presentations were excellent…[S]everal of the jurors approached me after returning a nearly immediate unanimous defense verdict. [A] juror explained that Mr. Power was the best [of our excellent experts]. He was surprised to hear that this was the first time Mr. Power had ever testified in a trial. ”

— Defense Attorney

More Commendations

What We Do: Case Examples

Slips, Trips and Falls

Personal Injury: Water Truck

A man was found lying supine and paralyzed behind the rear of his water truck. *Would a fall from the top of the truck ,due to the water hose coming loose, have caused the man’s pattern of injuries and final resting position, or is there a more likely explanation for how the incident occurred?

Premises Liability: Transfer Station Fall

A 36-year-old woman fell backwards and down approximately nine feet into a transfer station garbage pit while unloading debris from her vehicle, resulting in an L1/2 fracture and spinal cord injury and related pariparesis. *How did the plaintiff fall? *Did she go under the non-compliant, lower guardrail? *Had an OSHA-compliant guardrail been in place, would she have fallen into the pit?

Premises Liability: Slip on Wet Floor

A 36-year old female claims that she slipped and fell on wet tile in a department store, suffering fractures of the left radius and ulna. Eyewitnesses claimed that she was running after her child and tripped. *What were the mechanisms of the fall? *Were her injuries consistent with a slip or a trip and fall or was she running at the time of her fall?

Wrongful Death: Fall into a Construction Pit

A 47 year old male was found drowned in less than six inches of water at the bottom of an approximately four foot deep plumbing excavation partially covered by a wooden pallet. *Given the foot and knee prints at the scene, could the subject have fainted and fallen into the pit? *Was the subject instead placed there by two or more unknown assailants?

Products Liability: Child-Safe Toy

A 5 year old child fell on a sharp plastic asparagus spear toy that he was holding in his mouth. The sharp point of the spear went through his posterior throat, lacerated his carotid artery and caused a stroke. *Did the sharpness of the asparagus spear contribute to the child’s injury and stroke? Was running a contributory factor to this injury? How does the sharpness of the toy asparagus compare to other toys?

Premises Liability: Slip on Wet Floor

A 15-year-old girl slipped in a fast food restaurant, hitting her knee on a condiment counter then falling to the floor, landing on her back. She was diagnosed as having experienced lateral subluxation/dislocation of her right knee. Further, two-years later she was diagnosed as having an annular disc bulge and disc space narrowing at L4/5. *Could the fall in the restaurant have caused the described knee and lumbar spine injuries?

Wrongful Death: Construction Site Fall

A 63 year-old man fell approximately 19 ft out of a window to the ground at a construction site. There was a 2×4 guardrail located 33 inches above the floor across the window. As a result of the fall, the man fractured his skull, facial bones, hyoid bone, ribs, and right femur, resulting in his death. *Was the low height of the guardrail a cause of the fall? *Did the injuries comport with eyewitness descriptions that the man fell while he was leaning against the guardrail? *Do the injuries comport with a hypothetical scenario that the man might have fallen while he was sitting on the guardrail?

Personal Injury: Icy Harbor Ramp

A 23 year-old man was descending a harbor ramp to the dock where the commercial fishing vessel he worked on was moored. When he was approximately one-third of the way down the ramp, he lost his footing on the ramp surface and began to fall. He reached out for the handrail to catch himself, but was unable to grip the railing due to a congenital condition involving permanent flexion contractures at the elbows, reduced number of digits on each hand and smaller hands and arms than normal. Because he could not establish a good grip on the handrail, he lost his balance and fell down the ramp, severely and permanently injuring his left leg. *Was the diameter of the handrail a cause of the man’s inability to prevent his fall? *Was the slope of the ramp a cause of the fall? *Did the fall as described by the man produce forces sufficient in magnitude and direction to result in the devastating ankle fracture/dislocation that he suffered? *Given the man’s obvious disabilities, was he provided a reasonably safe method of ingress and egress to the moored vessel?