Expert Witness Explains How Lack of Warning Labels Can Lead to Crane Accidents
Crane accidents generally occur when an operator is unaware of certain issues based on a lack of warning labels or when the instructions do not include various problems or defects that could exist. An expert witness may need to explain these matters in the courtroom to clarify the claim and how it affects the injured party.
The Need for Warning LabelsWhen a person is operating heavy equipment, there usually exist various warning labels to increase safety and reduce possible injury or damage. The expert witness tasked to explain these matters is able to discuss and detail how a lack of these labels may increase damage or injury with heavy machinery and equipment. Even if the operator performs job duties with the crane often, the lack of warning labels could still increase the possibility of injury destroying property. The operator may suffer from illness or lack the necessary memory of what not to do. Then, the manufacturer of the equipment may face liability.
The Expert’s ExplanationWhen the expert witness is in the courtroom or involved in the process, he or she will need to explain various matters about the lack of warning labels, the use of heavy equipment and the operating of a crane. For those that are not familiar with a crane, the professional may need to expose the dangers of using it improperly and how the use could injure anyone near the parts of the crane. Explanations both the potential for danger and what types of injuries could affect bystanders or employees are important to remove any confusion about the seriousness of these incidents.
Explanations may include various factors of the incident or what lead to the incident. Some warning labels are extensive and detailed
enough to reveal what happens when operating the crane with certain materials. If the metals of the device are insufficient to grab onto or cut into metals, this could lead to further damage to the machine or falling debris for employees or bystanders. The expert witness may provide a detailed discussion about the hazards that inherently exist with larger devices. The explanation may also help the judge or jury understand the specific injuries or deaths involved in the incident with the operator’s malfunction.
Maintained EquipmentThe expert witness sometimes must explain how a warning label may explain properly maintained or poorly maintained equipment and the dangers of these situations. Larger devices could cause more devastating damage across a larger area. With a crane operated even by a knowledgeable worker, there exists the potential to harm anyone close by. This could include employees that receive safety training about falling debris or close proximity to heavy equipment. If the management of a company, the owner or the employer does not properly maintain the systems or sections of the machine, an accident could lead to a lawsuit for compensation to all damages caused.
The Lack of Warning Label ClaimWith some civil suits, the expert witness will need to reconstruct the incident from the beginning to discover all relevant details and any additional evidence. With a lack of label warnings, the professional will need to know what happened clearly and how it affected the victim. If the crane machine did not have any warning labels with someone that has little experience operating the equipment, this could have a direct consequence with the company hiring the employee. However, if the operator has experience, the lack of a warning label may still lead to a lawsuit but with a different target. The victim will need to know these details, and an expert witness is usually able to provide them through reconstructing the accident.
Testimony and the LabelWhen the expert witness must explain the matter before the courtroom, he or she will provide testimony about the lack of a warning label. Some of these provide instructions. Others have warnings of what to do in certain situations. If there are special hazards, the label will explain which actions the operator should avoid at all costs. The more important the warning, the more visible it usually is on the tag.
The expert will discuss the lack and correlation to the injuries caused by the operator. It is important to connect the situation to the appropriate party and attempt to acquire the compensation from the company that was unable to ensure proper warning labels were in the large equipment crane. The accident usually has a connection to this lack of label
Provided by HG.org
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.