Forklift Accident Worsened by Lack of Rear Compartment Guards

This case involves product liability in the design of a forklift truck, which the plaintiff was operating when he was seriously injured. The plaintiff was driving a forklift truck when he made impact with a piece of fixed machinery. The plaintiff’s legs were crushed and required extensive surgery. The issue is over the design compartment system. The plaintiff alleges that his injuries could have been avoided if the forklift truck had been equipped with rear compartment guards to brace for potential impacts.

Question(s) For Expert Witness

  • 1. Is it standard practice to have rear compartment guards on forklift trucks?

Expert Witness Response E-000806

Expert-ID: E-000806

There is a benefit to rear compartment guards, and many sites require their use as a safety precaution. By going over the type of work that the forklift was performing and the overall worksite, I would be able to more fully comment on the particular regulations that may have been violated. I am a certified safety professional (CSP), certified instructor, and have over thirty years of experience in safety, health, and environmental concerns. In addition to being a safety professional and PA/OSHA consultant, I have experience in operating forklifts, training/certifying forklift operators, and I am familiar with the OSHA forklift standards.

Expert Witness Response E-000476

The conditions of the accident would help to analyze the effect that rear compartment guards may have had on the forklift truck in question. I am experienced in accident reconstruction of all types, including the type of accident in this case. There was clearly a failure here and I believe further data would help reveal it. I have a Ph.D. in biomedical engineering, and I am an expert in the analysis and evaluation of personal injuries of all types, with a view towards establishing the causal relationship between events and actual injuries sustained.


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