Adult Male Impaled With Large Piece of Metal Near Construction Site

Case Overview

This case involves an injury that resulted from the unsafe use of a feller buncher. The plaintiff, an adult male, had just exited his car in a supermarket parking lot. As he began walking towards the store, a large piece of metal was launched at him and impaled his chest. The piece of metal was launched by a feller buncher being operated in the adjacent lot, which was being cleared by a contractor to create additional parking space. The feller buncher was less than 150 feet away at the time of the incident. The man sustained significant injuries and will require a lifetime of special care, and dozens of surgeries.

Questions to the Engineering expert and their responses

Is it unsafe to operate a feller buncher within 150 feet of an active parking lot, where customers of a store are unaware of the danger this machine may cause?

There are significant risks when using the feller buncher that uninformed bystanders could never foresee. We must rely on the loggers/operators to keep bystanders safe. In this particular case, it seems as though the loggers did not uphold their duty.

If the operator of this feller buncher had been advised to inspect the grounds prior to using the feller buncher, is it fair to assume that he was responsible for locating large metal debris in this area prior to operating equipment on this tract of land?

I have significant experience with feller bunchers, both from an operating standpoint as well as a management perspective. I was heavily involved in the development of a safety manual for the manufacturer of feller bunchers.

About the expert

This expert has fourty-four years of experience in the engineering and management of technically complex projects for clients operating in a diversity of industries. Typical responsibilities of this expert include coordination with administrative, accounting, legal, purchasing, engineering, scientific, and research and development personnel. He had success in projects and forensic studies in automotive, cosmetics, pharmaceuticals, aero-space, refining, fertilizers, waste disposal, aircraft and petrochemicals.

E-001117

Specialties:

Engineering

Michael Talve stands at the forefront of legal innovation as the CEO and Managing Director of Expert Institute. Under his leadership, the Expert Institute has established itself as a vital player in the legal technology arena, revolutionizing how lawyers connect with world-class experts and access advanced legal technology. Michael's role involves not only steering the company's strategic direction but also ensuring the delivery of unparalleled intelligence and cutting-edge solutions to legal professionals. His work at Expert Institute has been instrumental in enhancing the capabilities of attorneys in case preparation and execution, making a significant impact on the legal industry's approach to expert consultation and technological integration. Michael's vision and execution have positioned the Expert Institute as a key facilitator in the intersection of law and technology.