Construction Worker is Hurt by Forklift on Jobsite

Case Overview

This case takes place in Missouri and involves a woman who was injured while employed as a construction consultant on a commercial construction project. On the day of the accident, the defendant was operating a forklift in order to offload pallets of construction materials. She was traveling along the periphery of the construction site when she struck the plaintiff while carrying a full load of materials. As a result of the incident, plaintiff sustained severe injuries including several broken vertebras, and will be unable to return to her former job. It is alleged that the defendant was not properly operating the forklift and failed to take the proper precautions to avoid this incident.

Questions to the Construction Safety expert and their responses

Do you have knowledge of the proper steps and protocols to follow when operating a forklift?

I have operated forklifts in industry as well as being in charge of safety in several operations utilizing forklifts. I was the Director of Product Safety for a manufacturer of forklifts and other industrial equipment. My duties required a detailed knowledge of forklift safety practices as well as applicable OSHA and ANSI standards and industry practices.

Have you ever served as an expert on a similar forklift case? If so, please explain.

As a consultant, I have consulted and testified on accidents involving injuries caused by pedestrian collisions with fork trucks as well as other machinery. The industry standards and procedures are replete with warnings and instructions to avoid machine collision with personnel. It is the duty of the employer or facility operator to provide a safe workplace and safe procedures. There are plenty of warnings and instructions for the fork truck operators to look out for pedestrians, but depending on circumstances, the pedestrian may have some responsibility for his/her own safety.

About the expert

This highly qualified Construction Equipment Engineering and safety expert received certification in Industrial management from Aurora University. He is a certified Safety Professional, a well versed OSHA professional, and a member of numerous professional organizations including the American Society of Safety Engineers and the System Safety Society. This expert is an authority in his field with several publications and multiple invitations to lecture as a guest speaker. He is currently Chairman of the American National Standards Institute and a Safety Consultant at a private consulting company.

E-009380

Specialties:

Construction Safety