Accident caused by forklift forks left up - GIF

Accident caused by forklift forks left up.

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Previously:

https://www.homemadetools.net/forum/...133#post141405
https://www.homemadetools.net/forum/...598#post132598
https://www.homemadetools.net/forum/...367#post127013
https://www.homemadetools.net/forum/...226#post126499
https://www.homemadetools.net/forum/...289#post121698
https://www.homemadetools.net/forum/...981#post125131

When people in motion collide with stationary objects in plain sight I tend to blame the people and not the inanimate object.

I think this is wrongly titled, accident caused by stupid woman not looking where she is going would be more accurate. to be fair the operator was working at the time and not left it parked, at least she saved her handbag from a nasty fall.

Situational awareness when operating heavy equipment is mandatory. If I operate my equipment such that it could lead to someone being injured then I'm at fault because part of my responsibility is to protect others who aren't as aware. Yes the woman wasn't paying enough attention but operators are required to anticipate that lack of awareness and take protective measures. A common forklift safety practice is to keep the forks as close to the ground as possible and a jury would find that the operator was at fault in that incident because equipment operators are held to a higher standard of safety than the general public.

So many things wrong here. Forklift operator not paying attention is the most distressing part. The forks would have caused trouble even if they were on the ground. The person on the scooter missed the forks that were right near eye level. Rider was hit in the chin but fell back and hit their head. A helmet might have helped but I suspect that person was seriously hurt.

I had been a forklift operator for 15 years, forks ranging from two feet to eighteen feet and never had an injury...

I see a operator playing with his cell phone,and that dear Watson is the start of it all

If you are not lifting or lowering a load your forks must be 4" - 6" off the ground, loaded or not. I don't see a load anywhere in the picture that he might have moved and he certainly isn't about to engage a load. That being said, it's obviously not in the US and there may be not be much of a safety environment in the country where this person works. I guess the thing that strikes me is that he looked up and saw what was about to happen and didn't move a muscle or yell to warn the girl. Just as Crusty said, responsibility falls on the operator, often time even more than people in the area. Also mentioned that there might have been an incident even if he had lowered his forks but likely MUCH less sever outcome. A few bumps as she passed over the forks, maybe wiped out but with time to react to the fall. Being horizontal the forks were probably lined up with something beyond the forklift and therefore invisible to the scooter rider. She would likely also have seen them if they were on the ground.

Primarily, IF HE HAS BEEN TRAINED PROPERLY, the forklift operator is at fault. However, not every company or country has the same standards for equipment training. Where I work, the standard is that forks are never off the ground more than 4" unless absolutely necessary. It makes me cringe to see someone driving through a facility and around corners with their forks at knee level or higher. It is also careless to leave a forklift parked without the forks all the way on the ground.

Beyond, that, the unfortunate girl on the bicycle is as much responsible for the accident as the forklift operator. To begin with, she never should have been riding that close to a manned piece of equipment and she should have been fully aware of where she was going.

The only argument I could make on her case is that often forklift forks are dull and discolored from heavy use and they do often tend to blend in with the background when in a raised position. This girl is not the first person I have seen bump into or trip over forks that were not in the correct position.

Attachment 31943This sign would have helped...

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.