Federal wrongful death and product liability case

A lawsuit in Maine brings the question of product liability versus operator error to the forefront. In 2003, a warehouse worker in Maine was killed when the forklift he was operating backed up into a shelving unit. Although only traveling at an estimated 3 mph, the impact was enough to knock the worker’s feet from the pedals, which in turn engaged the automatic braking system. Trapped between the shelf and the dashboard of the forklift, the man suffocated within four minutes.

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The forklift’s manufacturer, Crown Equipment Corporation, denied wrongful death and stated that this was entirely a case of operator error and not a product liability case. “He was careless in the operation of that lift truck,” said a lawyer for Crown. “That lift truck had nothing whatsoever wrong with it . . . [the operator] tragically drove that truck into that rack because of his carelessness.”

However the case became clearer as evidence was presented. Jurors heard that a simple design flaw, if fixed, could have prevented the accident. A rigid backrest extension, which would have protected the forklift’s cab, could have saved the man’s life. The company had been aware of the problem and potential injury, and had changed the design of their newer models to offer this protection. They had also offered a modification to older models to prevent this type of accident, though apparently not to the man’s employer.

In fact, according to the plaintiff’s lawyer, Crown had been well aware of the problem The company knew of at least 10 other deaths and 90 serious injuries related to their forklifts – all similar to this accident. The fact that the company did not alert the owner gives firmer grounds for this wrongful death suit.

The worker’s wife submitted a claim for $400,000 for wrongful death , $1.2 million for lost wages, and $75,000 in punitive damages.

In their defense, the Crown legal team showed the court a training manual that underlined the risk of backing into objects. A warning diagram illustrated exactly what had happened to the forklift operator with the caption “Look where you are driving” – implying that it was the operator’s fault, not the company’s.

Although the defense team seem to admit that operator error played a part, the company had an obligation to make their products as safe a possible, especially since this design flaw had been discovered a quarter of a century before. “That's why coffee grinders don't work when you take the lid off and why a garage door opener won't crush a dog," said the plaintiff’s lawyer.

If one of your family members has died or been seriously injured while on the job , contact a Jim S. Adler & Associates personal injury attorney to help your product liability case. You may be offered a settlement package from the company, but don’t sign anything until you have had a chance to speak with us first. We have over 30 years of litigation experience – and as shown above, experience is what helps win complicated product liability cases involving the actions of several parties.