Truck Operator is Killed by Dangerous Equipment

This case takes place in New York and involves the owner of a flatbed truck equipped with a material handling system. The material handling system was added after the chassis of the truck was sold to plaintiff. The manufacturer of the system provided warning labels to be attached to sun visors of the cab regarding the danger of working around the truck when the material handling system was in operation. On one occasion, the plaintiff was working with his partner to unload a large shipment of drywall. The plaintiff had gone to the side of the flatbed trailer in order to examine the straps which secured one section of the drywall shipment when he was struck by one of the forks on the material handling system, causing serious brain damage and, eventually, death. At that time, there were no warning labels anywhere on the truck to indicate that the plaintiff’s actions in this case were unsafe.

Question(s) For Expert Witness

1. Please briefly describe your experience/knowledge as it relates to warning labels.

2. Are you familiar with the issues a truck without warning labels can pose?

3. Have you ever served as an expert on a similar case?

Expert Witness Response E-000942

This is clearly a case when it is imperative to remind and warn users of the potential danger at the location where it needs to be seen. I have worked on many cases involving missing or inadequate warning labels on machinery that resulted in similar accidents. I am well versed in the warnings literature and frequently called on to opine regarding warnings (both defense and plaintiff) in a wide variety of settings. My experience includes working as a construction observer (quality control) on a major construction site. I am a Fellow of the Human Factors & Ergonomics Society and have the necessary credentials to qualify in this area as an expert as well as ample testimony experience.