Chris,

I am an attorney actively engaged in the defense of forklift manufacturers, distributors and dealers. I routinely deal with the issues presented and I have defended a number of industry leaders in numerous serious personal injury matters where product defect is alleged as a proximate cause of the accident and injury. As you undoubtedly know, forklift operator training is mandatory in the USA (OSHA Sec. 1910.178). Notwithstandng this, many employees actively disregard their training and, candidly, some employers are lax in enforcement of OSHA requirements and safe workplace practices. Most recently, I obtained a unanimous defense verdict on behalf of TCM and its distributor and dealer where a man suffered a near traumatic amputation of his leg because he did not, I proved, engage the park brake. There was nothing wrong with the lift truck; simply, he did not follow his training and good and accepted practice.