Products Liability Law Reporter

A New York appellate court held that a forklift manufacturer was not liable to an injured worker for the alleged failure to equip a forklift with a backup alarm and rearview mirrors.

Mark Strassburger, who worked for a cargo handling company, was injured after being struck by a forklift traveling in reverse inside a warehouse. He sued forklift manufacturer Unicarriers Americas Corp., among others, alleging claims for products liability and negligence. The trial court denied the defendants’ separate motions for summary judgment.

Reversing, the appellate court noted that a defectively designed product is one that leaves the seller’s hands in a condition that is not reasonably contemplated by the ultimate consumer and is unreasonably dangerous for its intended use. The manufacturer established that the forklift had an operational backup alarm when it left its control, the court found, concluding that the manufacturer may not be held liable for failing to install the alarm when this safety feature had been included on its forklift. Regarding the rearview mirrors, the court noted that these were not a standard safety feature. Nevertheless, the manufacturer established that the plaintiff’s employer was thoroughly knowledgeable about forklifts and knew that the mirrors were available. The manufacturer established that the forklift was not unreasonably dangerous without the mirrors, the court said.

Consequently, the trial court should have granted the manufacturer’s summary judgment motion.

Citation: Strassburger v. Unicarriers Americas Corp., 225 A.D.3d 921 (N.Y. App. Div. 2024).