Backhoe Tips Over, Severely Injures Worker

Case Overview

This case takes place in Pennsylvania and involves an individual who was injured when the backhoe he was operating tipped over on an incline at a work site. Allegedly, the general contractor was using the machine in a reckless manner, and had not taken sufficient precautions to secure the machine on the incline before use. The operator of the backhoe sustained brain trauma and injuries to his back, leg, and neck. It is alleged that the foreman of the construction site failed to abide by regulations that mandated the safe use of this particular piece of equipment.

Questions to the Construction Safety expert and their responses

Please describe your experience operating heavy machinery.

As a civil engineer my expertise is in directing, managing and supervising the use of heavy machinery.

Please describe your experience as a foreman/supervisor for a work site, similar to the one in question.

While working for Elliott Building Group as the vice-president of land development, my responsibilities included the contracting, managing and supervising of site contractors.

Are you familiar with safety procedures for backhoes?

I am familiar with the safety procedures for loading dump trucks and backhoe use. This knowledge is required of civil engineers involved with calculating earthwork and transportation of site materials.

Can you speak to the contractual agreements between general contractors and subcontractors?

I am able to speak to the contractual agreements between general contractors and subcontractors. While this is often discussed in the terms of the contract, OSHA also speaks to multi-employer work sites.

About the expert

This highly qualified expert has 20 years of civil engineering experience. He is a certified engineer in a number of states and belongs to a number of prestigious engineering societies, including the American Road & Transportation Builders Association, the Institute of Transportation Engineers, and the American Society of Civil Engineers. He has worked at a number of very reputable engineering firms on various specialty projects, including highway & street design, traffic engineering, utilities construction, storm drainage, pedestrian safety, walkway surface evaluation, ADA compliance, and construction management. He is currently the CEO of a private civil engineering firm.