Construction Workers Injured by Defective Cherry Picker

Case Overview

This case is a construction safety case involving a cherry picker manufactured by a well known brand, which had been rented to the plaintiffs from a well-known equipment rental company. At the time of the accident, the workers were in the basket of the cherry picker while it was being extended at a 45 degree angle from its base. At some point, the cherry picker tipped over while the basket was some 30 feet in the air. It is alleged that one or more of the cherry picker’s safety mechanisms were either disabled or inoperative at the time of the accident, and that the rental company should have been aware of the danger before providing the equipment to the construction company. An expert with specialization in equipment appraisal was retained for the case.

Questions to the Civil Engineering expert and their responses

What is your familiarity with this model of cherry picker?

I am familiar with this model of cherry picker as well as the safety mechanisms involved through my safety inspections.

Do you know all of the safety features for this lift?

I can be free to inspect the cherry picker and can determine whether there were any problems with the safety mechanisms.

Is there some sort of safety mechanism that prevents the lift from acceding into a dangerous position?

There are levelers under the equipment which are required to work if the equipment reaches a certain height.

About the expert

This expert graduated from Cornell University with a Bachelor of Science degree in Civil Engineering with a minor in Operations Research. He is a licensed Professional Engineer, a New York State Certified Code enforcement Official, and a New York State ICC/BCAP energy code ambassador. He is also a registered professional industrial hygienist and certified environmental safety inspector who has participated in various programs and seminars conducted by groups such as the American Society of Civil Engineers.