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Crush Injuries in Forklift Accidents: Who Can Be Sued?

by | Oct 1, 2023 | Firm News

Forklift accidents frequently result in crush injuries, which occur when a person is trapped between a forklift and another object, pinned under a fallen load, or run over by the machine itself. These injuries can be life-altering, often leading to amputations, internal organ damage, or even death. While some crush injuries occur due to operator error, many happen because of faulty equipment, unsafe working conditions, or negligence by third parties.

When a forklift crush injury is caused by defective machinery, poor maintenance, or hazardous conditions, liability may extend beyond the employer. Manufacturers, rental companies, property owners, or contractors may be legally responsible. Identifying these third parties is crucial for victims seeking full compensation for medical bills, lost wages, and long-term care.

How Do Forklift Crush Injuries Happen?

A forklift’s weight and power make it a serious hazard if something goes wrong. Some of the most common ways crush injuries occur include:

  • A forklift tips over, pinning the operator or another worker under the machine.
  • A worker is caught between a forklift and a fixed structure, such as a wall or shelving unit.
  • A pedestrian is run over due to poor visibility or a lack of designated walkways.
  • A falling load crushes a worker, often due to improper stacking, unstable pallets, or hydraulic malfunctions.

While some of these accidents result from human error, others are caused by defective forklift design, mechanical failures, or unsafe worksite conditions.

Who May Be Liable in a Forklift Crush Injury Case?

Crush injuries often involve more than just the employer. The following third parties may share responsibility:

  • Forklift manufacturers if the accident was caused by design flaws, defective brakes, or stability issues.
  • Forklift rental companies if the equipment was not properly maintained or inspected before being leased.
  • Maintenance contractors if they failed to repair known issues or used faulty replacement parts.
  • Property owners or site managers if they failed to maintain safe flooring, clear traffic paths, or proper lighting.
  • Third-party contractors if unsafe practices, such as improperly loaded materials or blocked forklift pathways, contributed to the accident.

Each case requires an investigation into what went wrong and who had a duty to prevent the accident.

Seeking Compensation for a Forklift Crush Injury

Crush injuries often result in permanent disabilities, extensive medical costs, and lost earning potential. While workers’ compensation covers some expenses, third-party claims allow victims to recover full damages, including pain and suffering.

If a forklift crush injury was caused by a third party’s negligence, the victim may be entitled to compensation for:

  • Emergency medical treatment, surgeries, and rehabilitation
  • Lost wages and future earning potential
  • Pain, suffering, and emotional distress
  • Permanent disability or amputation-related costs
  • Wrongful death damages for families who lost a loved one

Legal Help for Forklift Crush Injury Victims

When a forklift crush injury occurs, determining liability and pursuing compensation can be complex. If a third party was responsible, victims have the right to hold them accountable.

Spagnoletti Law Firm is here to provide guidance if you have any questions following an accident involving a forklift. Contact us at 713-804-9306 for a free consultation to discuss your legal options.