Torts Keyed to Epstein
Prentis v. Yale Mfg. Co
Facts
Plaintiff was operating a forklift manufactured by the Defendant. The forklift was a stand-up type, rather than a traditional sit down model. The forklift was equipped with a “dead-man” switch, intended to prevent it from moving if the operator let go of the controls. Plaintiff testified that he was aware that the battery was running low on the forklift when the accident occurred. Plaintiff attempted to start the machine on an incline and when the machine experienced a power surge it caused Defendant to fall to the ground. The fall fractured Plaintiff’s hip. Plaintiff brought suit, alleging a defect in design of the forklift because it did not provide a seat or platform for the operator.
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