Forklift Accident Injuries

Common Causes of Forklift Accidents

Estimates indicate that thousands of people sustain injuries from forklift accidents every year. Forklifts, or powered industrial trucks (PIT), can be dangerous when the operator is unaware of how to use them or when they are defective. Commonly, accidents occur as a result of the forklift tipping over, unsafe driving, and falls from a forklift. Many tipping accidents occur when unloading and loading a forklift. According to the Occupational Safety & Health Administration (OSHA), 25 percent of all forklift deaths occur because a forklift tipped over and crushed a person beneath it.

OSHA attributes forklift accidents to the failure to follow safety procedures, insufficient training of operators, and the failure to enforce safety rules. Consequently, OSHA has implemented safety standards that require all forklift operators to receive training and to become certified prior to operating a forklift.

Receiving Workers' Compensation for a Forklift Accident

A forklift injury that occurs at a workplace, may entitle the injured worker to workers' compensation. Most states require employers to purchase workers' compensation insurance. Workers' compensation provides injured workers with benefits, such as medical treatment, job displacement benefits, permanent disability, and death benefits. These benefits are provided regardless of whether the employer or the employee is at fault. In exchange for the benefits provided an injured worker, an employer receives protection from a future lawsuit brought by the employee. If a worker dies because of the work-related injuries, death benefits may be available to eligible family members.

Bringing a Personal Injury Lawsuit

A worker may file a legal action against a third party that bears some responsibility in the accident. Possible third party defendants include the landowner, the general contractor of a construction site, and the forklift manufacturer. Civil courts hear personal injury claims, which must be brought within the time specified by the state.

Premises Liability of the Land Possessor

Landowners and occupiers owe a duty to make sure a property is safe. A forklift accident that occurs because of an unsafe condition on the property may create a cause of action against the landowner or the person in possession of the property. A landowner does not always possess the land. The land possessor is the person who has control over the property. The law imposes this responsibility because the person in possession of the land can easily discover dangerous conditions on the property. Consequently, a worker injured by a forklift at a construction site may have a cause of action against the general contractor, a subcontractor, or the person in charge of the construction site.

Negligence of a Third Party

While a worker may not bring a legal action against an employer if workers' compensation benefits are available, a person injured by a forklift may initiate a negligence claim against a third party responsible for their injuries. Negligence refers to a person's failure to act as a reasonable person would in a similar circumstance. A successful claim may result in damages for pain and suffering, and past, present, and future medical care and loss of earnings.

Products Liability for a Defective Forklift

Sometimes a forklift accident is the result of a defective part or forklift design. When this occurs, a person may have a legal claim for products liability against the manufacturer of the forklift. The theory of products liability imposes tort liability on the manufacturer or seller of a product that causes injury to a buyer, user, or bystander.

Most products liability actions rely on strict liability as the basis for the claim. Unlike a negligence claim, it is unnecessary to establish a defendant's fault. It is instead necessary to show that the forklift had an "unreasonably dangerous" manufacturing or design defect, the defect caused the plaintiff's injuries, and the product did not undergo any substantial changes from its original condition. A manufacturing defect is a defect that occurs during the manufacturing process, while a design defect refers to a poorly designed product.

Wrongful Death

If a forklift causes a person's death, the decedent's personal representative may bring a wrongful death action to recover compensation. The intent of a wrongful death action is to provide monetary compensation to a decedent's relatives. Most states allow a personal representative to file a claim on behalf of the decedent's spouse or children. Some states allow the parents of an unmarried decedent to recover damages.

State law governs wrongful death actions. Most require proof of three elements: the defendant's conduct caused the decedent's death, the defendant's actions amounted to negligence or intentional wrongful conduct, and the eligible family members and / or the DCE have incurred monetary damages because of the decedent's wrongful death. A plaintiff may recover non economic damages, such as compensation for loss of support, loss of anticipated earnings, and loss of consortium.

For information on wrongful death lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.

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