Early this week, a Kentucky forklift operator was involved in a fatal workplace accident. A local newspaper reported that the woman was only employed with her employer for approximately two weeks when the accident occurred. An investigation has yielded information indicating that some part of the machinery malfunctioned, which resulted in the accident. Employees who witnessed the accident explained that the woman was operating the forklift in the driver's position when it continued to move upwards, eventually decapitating her. Sadly, the woman was only in her 20s, and she was the mother of a young child. The company explained that it is still investigating the accident.
In many personal injury cases, individuals are not only injured by the negligence of an individual person but by a defect in a product or part of a product. In the above case, the victim may pursue her company for negligence, but she may be able to bring a suit against the manufacturer of the forklift that malfunctioned as well, or her company may choose to do so.
In Kentucky, product liability follows the rules and regulations put forth by the Kentucky Product Liability Act. Individuals or their representatives may bring a suit for product liability if they are injured, or if it results in their death or damage to their property. The suit can be based on things such as the design, manufacture, and assembly of the product.