Our Brand Is Excellence

Can a Property Owner Be Held Liable for a Forklift Accident?

by | Dec 3, 2024 | Firm News

Forklift accidents don’t just happen in warehouses and industrial settings. Many incidents occur on commercial properties, retail spaces, construction sites, and other locations where forklifts are in use. When an accident happens, the property owner may be held liable if unsafe conditions, negligence, or failure to maintain a safe environment contributed to the incident.

How Property Owners May Contribute to Forklift Accidents

Property owners have a legal duty to keep their premises safe for workers, contractors, and visitors. When they fail to address hazards, accidents involving forklifts can occur. Some of the most common ways property owners may be responsible include:

  • Unsafe flooring or surfaces – Uneven pavement, potholes, wet or slippery floors, or loose debris can make forklift operation dangerous, leading to forklift tip-over accidents and collisions.
  • Poor lighting and visibility issues – If a property owner fails to provide adequate lighting or mark forklift zones properly, operators may not see obstacles, pedestrians, or other hazards.
  • Improper traffic control – In areas where forklifts and pedestrians share space, the absence of designated walkways, barriers, or traffic signs can increase the risk of accidents.
  • Failure to maintain loading docks and ramps – A property owner is responsible for ensuring that docks, ramps, and other key areas are structurally sound and safe for forklift use.

Legal Liability for Property Owners in Forklift Accidents

A property owner may be liable under premises liability law, which holds property owners responsible for injuries caused by hazardous conditions they knew about or should have addressed. If an accident occurs because the property owner failed to fix a known hazard, failed to conduct regular inspections, or neglected to provide necessary warnings, they may be required to compensate the victim for injuries and damages.

Pursuing a Premises Liability Claim for a Forklift Accident

Victims injured in forklift accidents caused by unsafe property conditions may have the right to file a claim against the property owner. Compensation may include medical expenses, lost wages, pain and suffering, and long-term disability costs. These claims often require strong evidence, including witness statements, surveillance footage, and maintenance records, to prove that the property owner’s negligence directly contributed to the accident.

If you or a loved one was injured in a forklift accident due to unsafe property conditions, Spagnoletti Law Firm can help you understand your legal options. Contact us at 713-804-9306 for a free consultation.