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"Hijabs Burqas, Khimars and Beards: Avoiding Religious Discrimination Suits" Reproduced with permission from the U.S. Law Week, 78 U.S.L.W. 1801 (June 8, 2010). Copyright 2010 by The Bureau of National Affairs, Inc. (800-372-1033)

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January 2007 DOL Opinion Letter on Overtime Entitlement to On-Property Timeshare Sales Employees: Outside Sales Exemption Does Not Apply

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Kidd v. Walmart 11.12.09 Memorandum Opinion Excluding Defense Experts

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Complex Commercial Litigation

8/26/2009
Charles L. Williams
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Light Pole Failures At Athletic Fields Create Potential Legal Problems

Large light poles line the athletic fields of many American parks and schools. Without light poles the term "night game" would not exist.  However, within the last few years many light poles manufactured by one company in particular seem to have shown signs of compromise and in some cases have failed altogether.  The danger posed is evident.  A light pole is huge and heavy structure.  They can be as high as 100 feet or more and are constructed from heavy steel weighing tons.  When one of these behemoths crashes to the earth below, it is easy to envision the potential for extensive damage to property and person. 

The risk of a light pole failing should be minimal.  Reasonable steps should be taken throughout the design, fabrication, and installation process to ensure that light poles remain safe and usable for the duration of their expected service life.  However, according to an April 26th article in the Austin American Statesmen, at least with respect one former light pole manufacturer, it appears there may have been a breakdown in the design process.  Per the article, light poles manufactured early this decade by a single, now bankrupt, company have been falling or at least cracking at an alarming rate.  The root cause of the problem appears to have been a flawed calculation used to design the poles. 

The article does not speak to any current lawsuits and instead points out that because the company is bankrupt, property owners have been forced to shoulder replacement and remediation costs.  Nevertheless, the liability which could result from a catastrophic failure of a light pole is not difficult to see. Depending on how and when a light pole fails designers, manufacturers, suppliers, installer, owners, and insurers could all potentially find themselves defending a lawsuit.

 

 

 

 



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