In the US, the phrase "reasonable and prudent" will be the pivotal one in the trial decision in favor of the plaintiff. The operator didn't take "reasonable and prudent" precautions to ensure that even a person passing through the area on roller skates blindfolded, while juggling a butcher knife, a bowling ball and a chainsaw wasn't injured (lowest common denominator). Home Depot understands this so they barricade entire aisles when moving materials because it may prevent injury to brain dead customers and it gives their attorneys something to work with in court.

The operator may be able to shift the liability onto his employer if he wasn't given proper training in the operation of their equipment. The employer in that instance didn't take "reasonable and prudent" precautions to ensure that their equipment was operated safely, leading directly to the accident.