Verdict summary – Shane Brown v Pencon Australia Pty Ltd – S CI 2015 05568
I was involved in a case recently about a ride-on stand-up reach fork truck or more often called in Australia a forklift. This type of truck is typically used in warehousing.
“On 6 June 2017, a civil jury of six found that an employer was not liable for an injury … he sustained while operating a stand-up forklift. The plaintiff alleged that his foot slipped from the forklift pedal and became crushed between the forklift and the wall of the employer’s premises….
It was alleged that the employer was liable in both negligence and for breach of statutory duty (the Occupational Health & Safety Regulations 2007) in relation to, among other things, its failure to provide a safe system of work and allowing the plaintiff to operate the forklift in wet conditions.
The jury found that there was no negligence on the part of the defendant which caused injury to the plaintiff. The jury also found that there was no breach of statutory duty on the part of the defendant.”
A jury does not give its reasons. The summary is here.
Among the issues relevant to ride on fork trucks are:
- ride on fork trucks are generally “one wheel drive”
- this wheel also provides the braking
- deceleration is by reversing the motor
- braking is by a conventional brake operated in reverse (normally applied but deactivated by standing on the pedal)
- speed and braking standards of forklifts (e.g. US standard B56.1)
- the trucks generally do not have a door