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October 22nd, 2015

New Jersey Forklift Accidents at Work, A Look at Liability for Forklift Injuries

New Jersey Worker Injured in Forklift Accident in Vineland, NJ

According to a Vineland, NJ Police Department press release, a forklift accident resulted in major injuries to a young man from Somerdale. The accident occurred at a residential construction site in Vineland on Almond Street on October 19, 2015.

According to the press release, a worker was operating a forklift when his view became obstructed. The worker then backed over another worker who was taken to Cooper Trauma Center via helicopter and is listed in critical condition.

New Jersey Forklift Injuries – Who Can Be Held Liable for Forklift Accidents?

construction workerForklift accidents often occur at residental and commercial construction sites in New Jersey. In addition, they tend to occur in other industries, such as the industrial industry, manufacturing industry and warehousing/shipping industry.

Because the injuries resulting from forklift accidents are often incredibly severe, liability must be evaluated carefully to help ensure maximum compensation for the injured worker and their family.

More: Common Causes of Forklift Accidents in Pennsylvania & New Jersey

Under New Jersey accident laws, employers are usually immune from lawsuits for forklift accidents. In other words, a NJ worker injured in a forklift accident is usually barred from bringing a lawsuit against the employer for negligence leading to the accident.

However, other parties may be held liable for negligent conduct which leads to a forklift accident, including:

  • forklift operating companies,
  • forklift manufacturing companies, and
  • forklift maintenance companies.

For example, the general contractor of a construction site hires a forklift operating company to come in and perform work moving pallets of materials. The forklift operator strikes a worker who is employed by a subcontractor. Evidence shows that the forklift operator did not obtain the OSHA required forklift training certification. The injured worker may have a valid claim against the forklift operating company for negligently training the forklift operator.

In some forklift accident cases, a defective condition may have caused the accident, and therefore, a forklift manufacturer or distributor may be liable. This type of case is known as a products liability case. Under New Jersey law, product manufacturers are required to make reasonably safe products and can be held liable for a mechanical/manufacturing defect or design defect.

The key in these types of cases is a thorough investigation at the outset. It’s critical to identify the mechanism of injury—what caused the accident to occur. This usually requires help from a lawyer with experience handling forklift injury cases.

New Jersey Forklift Accident Lawyers. FREE Consultations

Get your case reviewed by our forklift injury lawyers. We are licensed in Pennsylvania and New Jersey, and can also obtain special court admission in other states. New Jersey offices are located in Cherry Hill, Atlantic City and Iselin. Click To Call

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.