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Area of Practice: Lifting and material handling equipment, cranes (overhead, terrain, special), elevating platforms, conveyors. Off-road machinery, earth moving equipment, trench walls stability, drilling equipment. Construction equipment, concrete pouring and vibrating, precast concrete, prestressed concrete production, demolition. Steel structures fabrication, transportation, assembling and erecting, scaffolding. |
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Wednesday, December 29, 2004
Manufacturers of Forklifts
Hyundai Construction Equipment
Komatsu Forklift Co
KalmarAC
Komatsu Forklift Co., Ltd. (KFL) (A division of Komatsu, Ltd.) began manufacturing forklifts in 1945. Manufacturing facility and corporate headquarters are located in Covington, Georgia.
Crown
Croun is headquartered in New Bremen, Ohio
Thursday, December 23, 2004
Manufacturers of Forklifts
Powered industrial trucks are classified by their manufacturers according to their individual characteristics. There are seven classes of powered industrial trucks:
Class 1 -- Electric Motor, Sit-down Rider, Counter-Balanced Trucks (Cushion and Pneumatic Tires).
Class 2 -- Electric Motor Narrow Aisle Trucks (Cushion Tires).
Class 3 -- Electric Motor Hand Trucks or Hand/Rider Trucks (Cushion Tires).
Class 4 -- Internal Combustion Engine Trucks (Cushion Tires).
Class 5 -- Internal Combustion Engine Trucks (Pneumatic Tires).
Class 6 -- Electric and Internal Combustion Engine Tractors (Cushion and Pneumatic Tires).
Class 7 -- Rough Terrain Forklift Trucks (Pneumatic Tires).
Yale Materials Handling
Yale is a part of the NACCO Materials Handling Group (NMHG). NMHG designs, engineers, manufactures and sells a full line of lift trucks under the Yale brand.
Hyster
Home of the biggest, baddest lift trucks on the planet. Hyster is a division of the NACCO Materials Handling Group (NMHG)
Cat Lift Trucks
Mitsubishi Forklift Trucks
Mitsubishi Caterpillar Forklift America (MCFA) manufactures and distributes forklifts, under the Mitsubishi brand, and lift trucks, under the Cat brand. Its affiliated company, Rapidparts, Inc., distributes service parts for several competitors' brands of material handling equipment under the Promatch and Mastersource brand names.
Toyota Industrial Equipment
Toyota Material Handling, USA (TMHU), a part of Japan-based Toyota, is the US distributor for forklifts bearing the Toyota and Lowry name. In addition to its electric, gasoline, and liquefied propane gas (LPG) forklifts.
Clark Material Handling
Founded in 1917 to make material-handling trucks, CLARK has produced more than 1 million forklifts. CLARK supplies forklifts includes internal combustion trucks, electric riders, narrow-aisle stackers, and powered hand trucks. YoungAn Hat (South Korea) controls the company.
Nissan Forklift
All operations of Nissan Industrial Equipment Company, Barrett Industrial Trucks, Inc. and Nissan Industrial Engines are consolidated under the name of Nissan Forklift Corporation, North America, in Marengo, Illinois.
Hangzhou Forklift Truckknown also as Zhejiang Hangcha Engineering Machinery a manufacturer of Nissan forklift.
Some North American requirements for Industrial Trucks.
OSHA Reg.29 1910.178 requires that all new powered industrial trucks shall meet the design and construction requirements for powered industrial trucks established in the American National Standard for Powered Industrial Trucks, Part II, ASME B56.1. This Standard defines the safety requirements relating to the elements of design, operation, and maintenance of low lift and high lift powered industrial trucks controlled by a riding or walking operator, and intended for use on compacted, improved surfaces.
The same part of Regulations 1910.178 (3 and 7) defines “Approved truck” in terms of fire safety and designations. There is a definitive NFPA 505 Standard for fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. Requirements for Electric-Battery-Powered Industrial Trucks and Industrial Trucks, Internal Combustion Engine-Powered for use in hazardous locations are specified by UL 583 and UL 558.
Internal Combustion Engine-Powered trucks are subject to the 40CFR Regulations Control of Emissions From Nonroad Large Spark-Ignition Engines of EPA. (In the Summary of the Reg. Industrial Trucks listed as Forklifts). You could find more about ecologically clean engines at www.eco-engine.ca.
Saturday, December 18, 2004
Yahoo! Photos - Construction Equipment on Site
Sunday, December 12, 2004
ANSI Standards
In U.S. Occupational Safety & Health Administration (OSHA) publishes its dictates in 29 CFR (Code of Federal Regulations, Part 1910) and can enforce them with fines, criminal charges, and plant shutdowns.
American National Standards Institute (ANSI) is a not-for-profit coalition of technical, trade, and professional organizations, which establishes national consensus standards in many areas, including safety. Participating member organizations include: American Society of Civil Engineers (ASCE), Society of Automotive Engineers (SAE), American Society of Mechanical Engineers (ASME), and others. These organizations develop standards for their respective industries.
Mandatory provisions of some ANSI standards are adopted under OSHA being incorporated by reference (1910.6). Although some ANSI standards do not have the force of regulations, they often cited as criteria for legal compliance. At this point, ANSI standards become law.
Tuesday, December 07, 2004
State-Of-The-Art Defense
The 3rd Restatement of Torts Section 2, subdivision (b) states the following: "A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design ... and the omission of the alternative design renders the product not reasonably safe."
When plaintiff’s expert manage to find a reasonable alternative design reducing and avoiding foreseeable harm or risk posed by alleged product, it important to prepare for state-of-the-art defense. It could be questioned if the alternative product suggested by the plaintiff was feasible, (1) could not have solved the problem, (2) would have presented other dangers and thus was not a viable alternative, (3) would have cost so much as to price the product out of its relevant market, and (4) would have been so bulky, heavy, or aesthetically unpleasing that it would no longer be readily marketable.
Monday, December 06, 2004
Crushing Hazard
A worker located aside backhoe loader is exposed to crushing hazard. The worker could be crushed by swinging boom. It’s not necessary that backhoe would be operated. If engine was on control’s malfunction or unintentional activation of control could result in inadvertent swing.
Swing lockpin (known at least since 1974) different configurations of which are patented by Jhon Deere, JICase, Ford New Holland is intended to lock swinging for storage or transportation. Caterpillar equipped 416C with pin holder to make lockpin available at any time. Nevertheless, even to interlock swing using the pin operator shall come into crushing area in the first place.
Releasable Lock Means for Boom
United States Patent 3,921,835 Nov. 25, 1975
Releasable Lock Means for Boom
J.I.Case Company (Racine, Wis.)
…shown in FIG.3. In position, opening 67 surrounds pin 60 to provide an interlock between boom 24 and support 20. This will hold boom 24 in a transport or storage position with respect to support or swing tower 20 until released by a release means that has been described above.
Backhoe boom lock
United States Patent 5,064,339 November 12, 1991
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe loader has a rearward backhole mechanism having a swing frame pivotally connected to a tractor main frame on a pair of vertical pivots. A backhoe boom is swingable on a transverse pivot carried by the swing frame by actuation of a hydraulic cylinder, and the booom being swingable between rearward operating positions and a generally upright transport position. The boom is lockable in its transport position by a mechanism that includes a T-shaped latch member that is swingably mounted on the swing frame on a horizontal pivot, the swinging movement being controlled by a control lever and cable system actuable from the vehicle operator station. The lock includes a pair of upwardly open hook-type lock elements on the boom that respectively receive lock pins formed by the cross portion of the T-shaped latch member, and the hook elements having inclined ramps at their forward ends that engage the latch member pins as the boom swings rearwardly into its transport position to shift the latch member upwardly until the pins clear the ramps and drop downwardly into the sockets of the hook-type elements. An adjustable stop is provided on the swing frame for engaging the boom and limiting the rearward movement of the boom past the upright transport position.
The upper arms 34 of the swing frame are provided with vertically aligned bores 92 that align with a vertical bore 94 in the upper frame member 26 when the swing frame is in a straight fore and aft position, as shown in FIG. 3. A pin 96 is insertable downwardly through the bores 92 and 94 to releasably lock the swing frame 30 to the tractor main frame in its centered position, thereby preventing the swing frame from shifting from side to side while the pin is in place during transport of the machine.
Backhoe boom lock
United States Patent 5,967,737 October 19, 1999
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe boom lock for locking the boom to the swing frame during transporting and craning operations. The boom is provided with two upwardly open hooks that project on either side of the swing frame when the boom is retracted into its craning or transport positions. Two bell cranks are located on each side of the swing frame and are provided with transverse catches for engaging the upwardly open hooks. The bell cranks are biased downwardly by springs. A linkage for lifting the bell cranks against the biasing force of the springs extends from the bell cranks into the interior of the operator's cab. The linkage is provided with a control lever, located inside the operator's cab for lifting the bell cranks. After the boom has been retracted into its transport or craning position, the control lever is released and the bell cranks rotated by the biasing springs so that the catches engage the upwardly open hooks on the boom.
The swing frame 18 is pivotally coupled to the vehicle frame 12 by a vertical pivot 34. Hydraulic cylinder 36 pivots the swing frame 18 relative to the vehicle frame 12 about a vertical axis defined by pivot 34. The swing frame is provided with two forwardly projecting portions 38 having vertical pin receiving apertures. A rearwardly extending portion 40 of the vehicle frame 12 is sandwiched between the two forwardly extending portions 38 and is also provided with a vertical aperture. The vertical aperture on the rearwardly extending portion 40 is aligned with vertical pin receiving apertures of the forwardly projecting portions 38 when the swing frame 18 is centered on the vehicle frame 12. When the apertures are aligned, a removable pin 46 having a handle 48 can be inserted into the apertures for locking the swing frame 18 relative to the vehicle frame 12.
Thursday, December 02, 2004
Product Liability Law - comments
Expert Witness’ Qualification Requirements.
Product Liability Law under the Third Restatement of Torts
Dr. Maxim Gots P. Eng.
These materials have been prepared for educational and information purposes only. They are not professional advice on any specific matters. Online readers should not act upon this information without seeking professional counsel.
An Expert – is defined under Federal Rule of Evidence705 as any person who by “knowledge, skills, experience, training or education” has “scientific, technical or other specialized knowledge”. At the first place an Expert should be able to use scientific principles and methods involved in analyzing the design of the product or warning and identify these principles if necessary.
Section II. Categories of product defects
An Expert should feel him/herself qualified to give an expertise in next three areas:
Design. It will require analysis of structural, mechanical (including hydraulics and pneumatics), electrical components, as well as safety related behavior of alleged machinery as a unit. This part will include analysis of controls, automation and programmable devises. It will require knowledge of technological processes that alleged machinery is involved (construction, mining, industrial production).
Manufacturing. Quality Control skills will be very useful here. Knowledge in visual inspection of critical points (e.g. welding, stress concentrators, corrosion), failure analysis, material testing (including nondestructive testing methods) could be critical. Ability to track typical rejects, epidemic failures, customers’ complain is essential.
Warning. This expertise will not be limited to hazard analysis. Psychological, ergonomical, and even philosophical aspects of human behavior will be involved.
Subparagraph (a)
An Expert that is able to find an evidence of departure from intended design – would be the right to choose, because the liability standard for manufacturing defects is strict.
Subparagraph (b)
Absolute majority of Product Liability cases is based on “defective design” theory. Subparagraph (b) of Section I of Restatement of Torts (Third) states as follows, “A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design … and the omission of the alternative design renders the product not reasonably safe.”
Experience of the Expert in design of equipment similar to alleged or in close related areas of industry could indicate Expert's ability to find alternative safer design.. Some Experts may have patented inventions that could indicate ability to find an alternative solution. Knowledge of foreign (e.g. European or Australian) regulations and standards could be useful, because a manufacturer, following overseas regulations could import product of “alternative safe design” neglecting safety of North American customers.
Subparagraph (c)
An Expert shall be able to determine foreseeable risk for foreseeable use and prove that manufacturer neglected the risk in warning and instructions.
The best way to identify risks that a product could produce or be involved in is the product testing. An expert that has an experience in product testing has additional positive potential in product liability litigation.
Section III. Inference of product defect.
Role of an Expert is vital at this point. The Expert should be able to develop “Malfunction Theory” that would make a circumstantial evidence to support inference of product defect.
Section IV. Non-compliance with relevant safety regulations.
An Expert that is not familiar with OSHA Reg.29 shall not be chosen as an Expert Witness in product liability litigation in United States (the same for OSH Act In Ontario, Canada). OSHA recognizes limited number of industrial standards, but under the “de minimis violation” policy a standard providing measures of safety equivalent or higher than OSHA Regulation shall be treated as a mandatory.
There is a lot of ANSI, ASME, SAE, ASTM, API, AWS, ASHTOO etc. and CSA/CAN standards that should be known to an Expert because violation of mandatory safety statute or regulation renders the product defective. Expert’s knowlage should not be limited to current regulations but extended to historical regulations too, because the legislation must be applicable at the time the product was distributed.
Standards’ clauses are rarely strict and clear. An Expert should bear in mind real intend and be aware about possible interpretations of Standard clauses.
Experts skills shall allow the Lawyer explore in detail the nature and extent of the expert's training, experience, and testing of the specific product or warning and similar products or warnings.
Komatsu Forklift Co
KalmarAC
Komatsu Forklift Co., Ltd. (KFL) (A division of Komatsu, Ltd.) began manufacturing forklifts in 1945. Manufacturing facility and corporate headquarters are located in Covington, Georgia.
Crown
Croun is headquartered in New Bremen, Ohio
Class 1 -- Electric Motor, Sit-down Rider, Counter-Balanced Trucks (Cushion and Pneumatic Tires).
Class 2 -- Electric Motor Narrow Aisle Trucks (Cushion Tires).
Class 3 -- Electric Motor Hand Trucks or Hand/Rider Trucks (Cushion Tires).
Class 4 -- Internal Combustion Engine Trucks (Cushion Tires).
Class 5 -- Internal Combustion Engine Trucks (Pneumatic Tires).
Class 6 -- Electric and Internal Combustion Engine Tractors (Cushion and Pneumatic Tires).
Class 7 -- Rough Terrain Forklift Trucks (Pneumatic Tires).
Yale Materials Handling
Yale is a part of the NACCO Materials Handling Group (NMHG). NMHG designs, engineers, manufactures and sells a full line of lift trucks under the Yale brand.
Hyster
Home of the biggest, baddest lift trucks on the planet. Hyster is a division of the NACCO Materials Handling Group (NMHG)
Cat Lift Trucks
Mitsubishi Forklift Trucks
Mitsubishi Caterpillar Forklift America (MCFA) manufactures and distributes forklifts, under the Mitsubishi brand, and lift trucks, under the Cat brand. Its affiliated company, Rapidparts, Inc., distributes service parts for several competitors' brands of material handling equipment under the Promatch and Mastersource brand names.
Toyota Industrial Equipment
Toyota Material Handling, USA (TMHU), a part of Japan-based Toyota, is the US distributor for forklifts bearing the Toyota and Lowry name. In addition to its electric, gasoline, and liquefied propane gas (LPG) forklifts.
Clark Material Handling
Founded in 1917 to make material-handling trucks, CLARK has produced more than 1 million forklifts. CLARK supplies forklifts includes internal combustion trucks, electric riders, narrow-aisle stackers, and powered hand trucks. YoungAn Hat (South Korea) controls the company.
Nissan Forklift
All operations of Nissan Industrial Equipment Company, Barrett Industrial Trucks, Inc. and Nissan Industrial Engines are consolidated under the name of Nissan Forklift Corporation, North America, in Marengo, Illinois.
Hangzhou Forklift Truckknown also as Zhejiang Hangcha Engineering Machinery a manufacturer of Nissan forklift.
Some North American requirements for Industrial Trucks.
OSHA Reg.29 1910.178 requires that all new powered industrial trucks shall meet the design and construction requirements for powered industrial trucks established in the American National Standard for Powered Industrial Trucks, Part II, ASME B56.1. This Standard defines the safety requirements relating to the elements of design, operation, and maintenance of low lift and high lift powered industrial trucks controlled by a riding or walking operator, and intended for use on compacted, improved surfaces.
The same part of Regulations 1910.178 (3 and 7) defines “Approved truck” in terms of fire safety and designations. There is a definitive NFPA 505 Standard for fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. Requirements for Electric-Battery-Powered Industrial Trucks and Industrial Trucks, Internal Combustion Engine-Powered for use in hazardous locations are specified by UL 583 and UL 558.
Internal Combustion Engine-Powered trucks are subject to the 40CFR Regulations Control of Emissions From Nonroad Large Spark-Ignition Engines of EPA. (In the Summary of the Reg. Industrial Trucks listed as Forklifts). You could find more about ecologically clean engines at www.eco-engine.ca.
Saturday, December 18, 2004
Yahoo! Photos - Construction Equipment on Site
Sunday, December 12, 2004
ANSI Standards
In U.S. Occupational Safety & Health Administration (OSHA) publishes its dictates in 29 CFR (Code of Federal Regulations, Part 1910) and can enforce them with fines, criminal charges, and plant shutdowns.
American National Standards Institute (ANSI) is a not-for-profit coalition of technical, trade, and professional organizations, which establishes national consensus standards in many areas, including safety. Participating member organizations include: American Society of Civil Engineers (ASCE), Society of Automotive Engineers (SAE), American Society of Mechanical Engineers (ASME), and others. These organizations develop standards for their respective industries.
Mandatory provisions of some ANSI standards are adopted under OSHA being incorporated by reference (1910.6). Although some ANSI standards do not have the force of regulations, they often cited as criteria for legal compliance. At this point, ANSI standards become law.
Tuesday, December 07, 2004
State-Of-The-Art Defense
The 3rd Restatement of Torts Section 2, subdivision (b) states the following: "A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design ... and the omission of the alternative design renders the product not reasonably safe."
When plaintiff’s expert manage to find a reasonable alternative design reducing and avoiding foreseeable harm or risk posed by alleged product, it important to prepare for state-of-the-art defense. It could be questioned if the alternative product suggested by the plaintiff was feasible, (1) could not have solved the problem, (2) would have presented other dangers and thus was not a viable alternative, (3) would have cost so much as to price the product out of its relevant market, and (4) would have been so bulky, heavy, or aesthetically unpleasing that it would no longer be readily marketable.
Monday, December 06, 2004
Crushing Hazard
A worker located aside backhoe loader is exposed to crushing hazard. The worker could be crushed by swinging boom. It’s not necessary that backhoe would be operated. If engine was on control’s malfunction or unintentional activation of control could result in inadvertent swing.
Swing lockpin (known at least since 1974) different configurations of which are patented by Jhon Deere, JICase, Ford New Holland is intended to lock swinging for storage or transportation. Caterpillar equipped 416C with pin holder to make lockpin available at any time. Nevertheless, even to interlock swing using the pin operator shall come into crushing area in the first place.
Releasable Lock Means for Boom
United States Patent 3,921,835 Nov. 25, 1975
Releasable Lock Means for Boom
J.I.Case Company (Racine, Wis.)
…shown in FIG.3. In position, opening 67 surrounds pin 60 to provide an interlock between boom 24 and support 20. This will hold boom 24 in a transport or storage position with respect to support or swing tower 20 until released by a release means that has been described above.
Backhoe boom lock
United States Patent 5,064,339 November 12, 1991
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe loader has a rearward backhole mechanism having a swing frame pivotally connected to a tractor main frame on a pair of vertical pivots. A backhoe boom is swingable on a transverse pivot carried by the swing frame by actuation of a hydraulic cylinder, and the booom being swingable between rearward operating positions and a generally upright transport position. The boom is lockable in its transport position by a mechanism that includes a T-shaped latch member that is swingably mounted on the swing frame on a horizontal pivot, the swinging movement being controlled by a control lever and cable system actuable from the vehicle operator station. The lock includes a pair of upwardly open hook-type lock elements on the boom that respectively receive lock pins formed by the cross portion of the T-shaped latch member, and the hook elements having inclined ramps at their forward ends that engage the latch member pins as the boom swings rearwardly into its transport position to shift the latch member upwardly until the pins clear the ramps and drop downwardly into the sockets of the hook-type elements. An adjustable stop is provided on the swing frame for engaging the boom and limiting the rearward movement of the boom past the upright transport position.
The upper arms 34 of the swing frame are provided with vertically aligned bores 92 that align with a vertical bore 94 in the upper frame member 26 when the swing frame is in a straight fore and aft position, as shown in FIG. 3. A pin 96 is insertable downwardly through the bores 92 and 94 to releasably lock the swing frame 30 to the tractor main frame in its centered position, thereby preventing the swing frame from shifting from side to side while the pin is in place during transport of the machine.
Backhoe boom lock
United States Patent 5,967,737 October 19, 1999
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe boom lock for locking the boom to the swing frame during transporting and craning operations. The boom is provided with two upwardly open hooks that project on either side of the swing frame when the boom is retracted into its craning or transport positions. Two bell cranks are located on each side of the swing frame and are provided with transverse catches for engaging the upwardly open hooks. The bell cranks are biased downwardly by springs. A linkage for lifting the bell cranks against the biasing force of the springs extends from the bell cranks into the interior of the operator's cab. The linkage is provided with a control lever, located inside the operator's cab for lifting the bell cranks. After the boom has been retracted into its transport or craning position, the control lever is released and the bell cranks rotated by the biasing springs so that the catches engage the upwardly open hooks on the boom.
The swing frame 18 is pivotally coupled to the vehicle frame 12 by a vertical pivot 34. Hydraulic cylinder 36 pivots the swing frame 18 relative to the vehicle frame 12 about a vertical axis defined by pivot 34. The swing frame is provided with two forwardly projecting portions 38 having vertical pin receiving apertures. A rearwardly extending portion 40 of the vehicle frame 12 is sandwiched between the two forwardly extending portions 38 and is also provided with a vertical aperture. The vertical aperture on the rearwardly extending portion 40 is aligned with vertical pin receiving apertures of the forwardly projecting portions 38 when the swing frame 18 is centered on the vehicle frame 12. When the apertures are aligned, a removable pin 46 having a handle 48 can be inserted into the apertures for locking the swing frame 18 relative to the vehicle frame 12.
Thursday, December 02, 2004
Product Liability Law - comments
Expert Witness’ Qualification Requirements.
Product Liability Law under the Third Restatement of Torts
Dr. Maxim Gots P. Eng.
These materials have been prepared for educational and information purposes only. They are not professional advice on any specific matters. Online readers should not act upon this information without seeking professional counsel.
An Expert – is defined under Federal Rule of Evidence705 as any person who by “knowledge, skills, experience, training or education” has “scientific, technical or other specialized knowledge”. At the first place an Expert should be able to use scientific principles and methods involved in analyzing the design of the product or warning and identify these principles if necessary.
Section II. Categories of product defects
An Expert should feel him/herself qualified to give an expertise in next three areas:
Design. It will require analysis of structural, mechanical (including hydraulics and pneumatics), electrical components, as well as safety related behavior of alleged machinery as a unit. This part will include analysis of controls, automation and programmable devises. It will require knowledge of technological processes that alleged machinery is involved (construction, mining, industrial production).
Manufacturing. Quality Control skills will be very useful here. Knowledge in visual inspection of critical points (e.g. welding, stress concentrators, corrosion), failure analysis, material testing (including nondestructive testing methods) could be critical. Ability to track typical rejects, epidemic failures, customers’ complain is essential.
Warning. This expertise will not be limited to hazard analysis. Psychological, ergonomical, and even philosophical aspects of human behavior will be involved.
Subparagraph (a)
An Expert that is able to find an evidence of departure from intended design – would be the right to choose, because the liability standard for manufacturing defects is strict.
Subparagraph (b)
Absolute majority of Product Liability cases is based on “defective design” theory. Subparagraph (b) of Section I of Restatement of Torts (Third) states as follows, “A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design … and the omission of the alternative design renders the product not reasonably safe.”
Experience of the Expert in design of equipment similar to alleged or in close related areas of industry could indicate Expert's ability to find alternative safer design.. Some Experts may have patented inventions that could indicate ability to find an alternative solution. Knowledge of foreign (e.g. European or Australian) regulations and standards could be useful, because a manufacturer, following overseas regulations could import product of “alternative safe design” neglecting safety of North American customers.
Subparagraph (c)
An Expert shall be able to determine foreseeable risk for foreseeable use and prove that manufacturer neglected the risk in warning and instructions.
The best way to identify risks that a product could produce or be involved in is the product testing. An expert that has an experience in product testing has additional positive potential in product liability litigation.
Section III. Inference of product defect.
Role of an Expert is vital at this point. The Expert should be able to develop “Malfunction Theory” that would make a circumstantial evidence to support inference of product defect.
Section IV. Non-compliance with relevant safety regulations.
An Expert that is not familiar with OSHA Reg.29 shall not be chosen as an Expert Witness in product liability litigation in United States (the same for OSH Act In Ontario, Canada). OSHA recognizes limited number of industrial standards, but under the “de minimis violation” policy a standard providing measures of safety equivalent or higher than OSHA Regulation shall be treated as a mandatory.
There is a lot of ANSI, ASME, SAE, ASTM, API, AWS, ASHTOO etc. and CSA/CAN standards that should be known to an Expert because violation of mandatory safety statute or regulation renders the product defective. Expert’s knowlage should not be limited to current regulations but extended to historical regulations too, because the legislation must be applicable at the time the product was distributed.
Standards’ clauses are rarely strict and clear. An Expert should bear in mind real intend and be aware about possible interpretations of Standard clauses.
Experts skills shall allow the Lawyer explore in detail the nature and extent of the expert's training, experience, and testing of the specific product or warning and similar products or warnings.
The same part of Regulations 1910.178 (3 and 7) defines “Approved truck” in terms of fire safety and designations. There is a definitive NFPA 505 Standard for fork trucks, tractors, platform lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. Requirements for Electric-Battery-Powered Industrial Trucks and Industrial Trucks, Internal Combustion Engine-Powered for use in hazardous locations are specified by UL 583 and UL 558.
Internal Combustion Engine-Powered trucks are subject to the 40CFR Regulations Control of Emissions From Nonroad Large Spark-Ignition Engines of EPA. (In the Summary of the Reg. Industrial Trucks listed as Forklifts). You could find more about ecologically clean engines at www.eco-engine.ca.
Sunday, December 12, 2004
ANSI Standards
In U.S. Occupational Safety & Health Administration (OSHA) publishes its dictates in 29 CFR (Code of Federal Regulations, Part 1910) and can enforce them with fines, criminal charges, and plant shutdowns.
American National Standards Institute (ANSI) is a not-for-profit coalition of technical, trade, and professional organizations, which establishes national consensus standards in many areas, including safety. Participating member organizations include: American Society of Civil Engineers (ASCE), Society of Automotive Engineers (SAE), American Society of Mechanical Engineers (ASME), and others. These organizations develop standards for their respective industries.
Mandatory provisions of some ANSI standards are adopted under OSHA being incorporated by reference (1910.6). Although some ANSI standards do not have the force of regulations, they often cited as criteria for legal compliance. At this point, ANSI standards become law.
Tuesday, December 07, 2004
State-Of-The-Art Defense
The 3rd Restatement of Torts Section 2, subdivision (b) states the following: "A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design ... and the omission of the alternative design renders the product not reasonably safe."
When plaintiff’s expert manage to find a reasonable alternative design reducing and avoiding foreseeable harm or risk posed by alleged product, it important to prepare for state-of-the-art defense. It could be questioned if the alternative product suggested by the plaintiff was feasible, (1) could not have solved the problem, (2) would have presented other dangers and thus was not a viable alternative, (3) would have cost so much as to price the product out of its relevant market, and (4) would have been so bulky, heavy, or aesthetically unpleasing that it would no longer be readily marketable.
Monday, December 06, 2004
Crushing Hazard
A worker located aside backhoe loader is exposed to crushing hazard. The worker could be crushed by swinging boom. It’s not necessary that backhoe would be operated. If engine was on control’s malfunction or unintentional activation of control could result in inadvertent swing.
Swing lockpin (known at least since 1974) different configurations of which are patented by Jhon Deere, JICase, Ford New Holland is intended to lock swinging for storage or transportation. Caterpillar equipped 416C with pin holder to make lockpin available at any time. Nevertheless, even to interlock swing using the pin operator shall come into crushing area in the first place.
Releasable Lock Means for Boom
United States Patent 3,921,835 Nov. 25, 1975
Releasable Lock Means for Boom
J.I.Case Company (Racine, Wis.)
…shown in FIG.3. In position, opening 67 surrounds pin 60 to provide an interlock between boom 24 and support 20. This will hold boom 24 in a transport or storage position with respect to support or swing tower 20 until released by a release means that has been described above.
Backhoe boom lock
United States Patent 5,064,339 November 12, 1991
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe loader has a rearward backhole mechanism having a swing frame pivotally connected to a tractor main frame on a pair of vertical pivots. A backhoe boom is swingable on a transverse pivot carried by the swing frame by actuation of a hydraulic cylinder, and the booom being swingable between rearward operating positions and a generally upright transport position. The boom is lockable in its transport position by a mechanism that includes a T-shaped latch member that is swingably mounted on the swing frame on a horizontal pivot, the swinging movement being controlled by a control lever and cable system actuable from the vehicle operator station. The lock includes a pair of upwardly open hook-type lock elements on the boom that respectively receive lock pins formed by the cross portion of the T-shaped latch member, and the hook elements having inclined ramps at their forward ends that engage the latch member pins as the boom swings rearwardly into its transport position to shift the latch member upwardly until the pins clear the ramps and drop downwardly into the sockets of the hook-type elements. An adjustable stop is provided on the swing frame for engaging the boom and limiting the rearward movement of the boom past the upright transport position.
The upper arms 34 of the swing frame are provided with vertically aligned bores 92 that align with a vertical bore 94 in the upper frame member 26 when the swing frame is in a straight fore and aft position, as shown in FIG. 3. A pin 96 is insertable downwardly through the bores 92 and 94 to releasably lock the swing frame 30 to the tractor main frame in its centered position, thereby preventing the swing frame from shifting from side to side while the pin is in place during transport of the machine.
Backhoe boom lock
United States Patent 5,967,737 October 19, 1999
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe boom lock for locking the boom to the swing frame during transporting and craning operations. The boom is provided with two upwardly open hooks that project on either side of the swing frame when the boom is retracted into its craning or transport positions. Two bell cranks are located on each side of the swing frame and are provided with transverse catches for engaging the upwardly open hooks. The bell cranks are biased downwardly by springs. A linkage for lifting the bell cranks against the biasing force of the springs extends from the bell cranks into the interior of the operator's cab. The linkage is provided with a control lever, located inside the operator's cab for lifting the bell cranks. After the boom has been retracted into its transport or craning position, the control lever is released and the bell cranks rotated by the biasing springs so that the catches engage the upwardly open hooks on the boom.
The swing frame 18 is pivotally coupled to the vehicle frame 12 by a vertical pivot 34. Hydraulic cylinder 36 pivots the swing frame 18 relative to the vehicle frame 12 about a vertical axis defined by pivot 34. The swing frame is provided with two forwardly projecting portions 38 having vertical pin receiving apertures. A rearwardly extending portion 40 of the vehicle frame 12 is sandwiched between the two forwardly extending portions 38 and is also provided with a vertical aperture. The vertical aperture on the rearwardly extending portion 40 is aligned with vertical pin receiving apertures of the forwardly projecting portions 38 when the swing frame 18 is centered on the vehicle frame 12. When the apertures are aligned, a removable pin 46 having a handle 48 can be inserted into the apertures for locking the swing frame 18 relative to the vehicle frame 12.
Thursday, December 02, 2004
Product Liability Law - comments
Expert Witness’ Qualification Requirements.
Product Liability Law under the Third Restatement of Torts
Dr. Maxim Gots P. Eng.
These materials have been prepared for educational and information purposes only. They are not professional advice on any specific matters. Online readers should not act upon this information without seeking professional counsel.
An Expert – is defined under Federal Rule of Evidence705 as any person who by “knowledge, skills, experience, training or education” has “scientific, technical or other specialized knowledge”. At the first place an Expert should be able to use scientific principles and methods involved in analyzing the design of the product or warning and identify these principles if necessary.
Section II. Categories of product defects
An Expert should feel him/herself qualified to give an expertise in next three areas:
Design. It will require analysis of structural, mechanical (including hydraulics and pneumatics), electrical components, as well as safety related behavior of alleged machinery as a unit. This part will include analysis of controls, automation and programmable devises. It will require knowledge of technological processes that alleged machinery is involved (construction, mining, industrial production).
Manufacturing. Quality Control skills will be very useful here. Knowledge in visual inspection of critical points (e.g. welding, stress concentrators, corrosion), failure analysis, material testing (including nondestructive testing methods) could be critical. Ability to track typical rejects, epidemic failures, customers’ complain is essential.
Warning. This expertise will not be limited to hazard analysis. Psychological, ergonomical, and even philosophical aspects of human behavior will be involved.
Subparagraph (a)
An Expert that is able to find an evidence of departure from intended design – would be the right to choose, because the liability standard for manufacturing defects is strict.
Subparagraph (b)
Absolute majority of Product Liability cases is based on “defective design” theory. Subparagraph (b) of Section I of Restatement of Torts (Third) states as follows, “A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design … and the omission of the alternative design renders the product not reasonably safe.”
Experience of the Expert in design of equipment similar to alleged or in close related areas of industry could indicate Expert's ability to find alternative safer design.. Some Experts may have patented inventions that could indicate ability to find an alternative solution. Knowledge of foreign (e.g. European or Australian) regulations and standards could be useful, because a manufacturer, following overseas regulations could import product of “alternative safe design” neglecting safety of North American customers.
Subparagraph (c)
An Expert shall be able to determine foreseeable risk for foreseeable use and prove that manufacturer neglected the risk in warning and instructions.
The best way to identify risks that a product could produce or be involved in is the product testing. An expert that has an experience in product testing has additional positive potential in product liability litigation.
Section III. Inference of product defect.
Role of an Expert is vital at this point. The Expert should be able to develop “Malfunction Theory” that would make a circumstantial evidence to support inference of product defect.
Section IV. Non-compliance with relevant safety regulations.
An Expert that is not familiar with OSHA Reg.29 shall not be chosen as an Expert Witness in product liability litigation in United States (the same for OSH Act In Ontario, Canada). OSHA recognizes limited number of industrial standards, but under the “de minimis violation” policy a standard providing measures of safety equivalent or higher than OSHA Regulation shall be treated as a mandatory.
There is a lot of ANSI, ASME, SAE, ASTM, API, AWS, ASHTOO etc. and CSA/CAN standards that should be known to an Expert because violation of mandatory safety statute or regulation renders the product defective. Expert’s knowlage should not be limited to current regulations but extended to historical regulations too, because the legislation must be applicable at the time the product was distributed.
Standards’ clauses are rarely strict and clear. An Expert should bear in mind real intend and be aware about possible interpretations of Standard clauses.
Experts skills shall allow the Lawyer explore in detail the nature and extent of the expert's training, experience, and testing of the specific product or warning and similar products or warnings.
American National Standards Institute (ANSI) is a not-for-profit coalition of technical, trade, and professional organizations, which establishes national consensus standards in many areas, including safety. Participating member organizations include: American Society of Civil Engineers (ASCE), Society of Automotive Engineers (SAE), American Society of Mechanical Engineers (ASME), and others. These organizations develop standards for their respective industries.
Mandatory provisions of some ANSI standards are adopted under OSHA being incorporated by reference (1910.6). Although some ANSI standards do not have the force of regulations, they often cited as criteria for legal compliance. At this point, ANSI standards become law.
When plaintiff’s expert manage to find a reasonable alternative design reducing and avoiding foreseeable harm or risk posed by alleged product, it important to prepare for state-of-the-art defense. It could be questioned if the alternative product suggested by the plaintiff was feasible, (1) could not have solved the problem, (2) would have presented other dangers and thus was not a viable alternative, (3) would have cost so much as to price the product out of its relevant market, and (4) would have been so bulky, heavy, or aesthetically unpleasing that it would no longer be readily marketable.
Monday, December 06, 2004
Crushing Hazard
A worker located aside backhoe loader is exposed to crushing hazard. The worker could be crushed by swinging boom. It’s not necessary that backhoe would be operated. If engine was on control’s malfunction or unintentional activation of control could result in inadvertent swing.
Swing lockpin (known at least since 1974) different configurations of which are patented by Jhon Deere, JICase, Ford New Holland is intended to lock swinging for storage or transportation. Caterpillar equipped 416C with pin holder to make lockpin available at any time. Nevertheless, even to interlock swing using the pin operator shall come into crushing area in the first place.
Releasable Lock Means for Boom
United States Patent 3,921,835 Nov. 25, 1975
Releasable Lock Means for Boom
J.I.Case Company (Racine, Wis.)
…shown in FIG.3. In position, opening 67 surrounds pin 60 to provide an interlock between boom 24 and support 20. This will hold boom 24 in a transport or storage position with respect to support or swing tower 20 until released by a release means that has been described above.
Backhoe boom lock
United States Patent 5,064,339 November 12, 1991
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe loader has a rearward backhole mechanism having a swing frame pivotally connected to a tractor main frame on a pair of vertical pivots. A backhoe boom is swingable on a transverse pivot carried by the swing frame by actuation of a hydraulic cylinder, and the booom being swingable between rearward operating positions and a generally upright transport position. The boom is lockable in its transport position by a mechanism that includes a T-shaped latch member that is swingably mounted on the swing frame on a horizontal pivot, the swinging movement being controlled by a control lever and cable system actuable from the vehicle operator station. The lock includes a pair of upwardly open hook-type lock elements on the boom that respectively receive lock pins formed by the cross portion of the T-shaped latch member, and the hook elements having inclined ramps at their forward ends that engage the latch member pins as the boom swings rearwardly into its transport position to shift the latch member upwardly until the pins clear the ramps and drop downwardly into the sockets of the hook-type elements. An adjustable stop is provided on the swing frame for engaging the boom and limiting the rearward movement of the boom past the upright transport position.
The upper arms 34 of the swing frame are provided with vertically aligned bores 92 that align with a vertical bore 94 in the upper frame member 26 when the swing frame is in a straight fore and aft position, as shown in FIG. 3. A pin 96 is insertable downwardly through the bores 92 and 94 to releasably lock the swing frame 30 to the tractor main frame in its centered position, thereby preventing the swing frame from shifting from side to side while the pin is in place during transport of the machine.
Backhoe boom lock
United States Patent 5,967,737 October 19, 1999
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe boom lock for locking the boom to the swing frame during transporting and craning operations. The boom is provided with two upwardly open hooks that project on either side of the swing frame when the boom is retracted into its craning or transport positions. Two bell cranks are located on each side of the swing frame and are provided with transverse catches for engaging the upwardly open hooks. The bell cranks are biased downwardly by springs. A linkage for lifting the bell cranks against the biasing force of the springs extends from the bell cranks into the interior of the operator's cab. The linkage is provided with a control lever, located inside the operator's cab for lifting the bell cranks. After the boom has been retracted into its transport or craning position, the control lever is released and the bell cranks rotated by the biasing springs so that the catches engage the upwardly open hooks on the boom.
The swing frame 18 is pivotally coupled to the vehicle frame 12 by a vertical pivot 34. Hydraulic cylinder 36 pivots the swing frame 18 relative to the vehicle frame 12 about a vertical axis defined by pivot 34. The swing frame is provided with two forwardly projecting portions 38 having vertical pin receiving apertures. A rearwardly extending portion 40 of the vehicle frame 12 is sandwiched between the two forwardly extending portions 38 and is also provided with a vertical aperture. The vertical aperture on the rearwardly extending portion 40 is aligned with vertical pin receiving apertures of the forwardly projecting portions 38 when the swing frame 18 is centered on the vehicle frame 12. When the apertures are aligned, a removable pin 46 having a handle 48 can be inserted into the apertures for locking the swing frame 18 relative to the vehicle frame 12.
Thursday, December 02, 2004
Product Liability Law - comments
Expert Witness’ Qualification Requirements.
Product Liability Law under the Third Restatement of Torts
Dr. Maxim Gots P. Eng.
These materials have been prepared for educational and information purposes only. They are not professional advice on any specific matters. Online readers should not act upon this information without seeking professional counsel.
An Expert – is defined under Federal Rule of Evidence705 as any person who by “knowledge, skills, experience, training or education” has “scientific, technical or other specialized knowledge”. At the first place an Expert should be able to use scientific principles and methods involved in analyzing the design of the product or warning and identify these principles if necessary.
Section II. Categories of product defects
An Expert should feel him/herself qualified to give an expertise in next three areas:
Design. It will require analysis of structural, mechanical (including hydraulics and pneumatics), electrical components, as well as safety related behavior of alleged machinery as a unit. This part will include analysis of controls, automation and programmable devises. It will require knowledge of technological processes that alleged machinery is involved (construction, mining, industrial production).
Manufacturing. Quality Control skills will be very useful here. Knowledge in visual inspection of critical points (e.g. welding, stress concentrators, corrosion), failure analysis, material testing (including nondestructive testing methods) could be critical. Ability to track typical rejects, epidemic failures, customers’ complain is essential.
Warning. This expertise will not be limited to hazard analysis. Psychological, ergonomical, and even philosophical aspects of human behavior will be involved.
Subparagraph (a)
An Expert that is able to find an evidence of departure from intended design – would be the right to choose, because the liability standard for manufacturing defects is strict.
Subparagraph (b)
Absolute majority of Product Liability cases is based on “defective design” theory. Subparagraph (b) of Section I of Restatement of Torts (Third) states as follows, “A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design … and the omission of the alternative design renders the product not reasonably safe.”
Experience of the Expert in design of equipment similar to alleged or in close related areas of industry could indicate Expert's ability to find alternative safer design.. Some Experts may have patented inventions that could indicate ability to find an alternative solution. Knowledge of foreign (e.g. European or Australian) regulations and standards could be useful, because a manufacturer, following overseas regulations could import product of “alternative safe design” neglecting safety of North American customers.
Subparagraph (c)
An Expert shall be able to determine foreseeable risk for foreseeable use and prove that manufacturer neglected the risk in warning and instructions.
The best way to identify risks that a product could produce or be involved in is the product testing. An expert that has an experience in product testing has additional positive potential in product liability litigation.
Section III. Inference of product defect.
Role of an Expert is vital at this point. The Expert should be able to develop “Malfunction Theory” that would make a circumstantial evidence to support inference of product defect.
Section IV. Non-compliance with relevant safety regulations.
An Expert that is not familiar with OSHA Reg.29 shall not be chosen as an Expert Witness in product liability litigation in United States (the same for OSH Act In Ontario, Canada). OSHA recognizes limited number of industrial standards, but under the “de minimis violation” policy a standard providing measures of safety equivalent or higher than OSHA Regulation shall be treated as a mandatory.
There is a lot of ANSI, ASME, SAE, ASTM, API, AWS, ASHTOO etc. and CSA/CAN standards that should be known to an Expert because violation of mandatory safety statute or regulation renders the product defective. Expert’s knowlage should not be limited to current regulations but extended to historical regulations too, because the legislation must be applicable at the time the product was distributed.
Standards’ clauses are rarely strict and clear. An Expert should bear in mind real intend and be aware about possible interpretations of Standard clauses.
Experts skills shall allow the Lawyer explore in detail the nature and extent of the expert's training, experience, and testing of the specific product or warning and similar products or warnings.
A worker located aside backhoe loader is exposed to crushing hazard. The worker could be crushed by swinging boom. It’s not necessary that backhoe would be operated. If engine was on control’s malfunction or unintentional activation of control could result in inadvertent swing.
Swing lockpin (known at least since 1974) different configurations of which are patented by Jhon Deere, JICase, Ford New Holland is intended to lock swinging for storage or transportation. Caterpillar equipped 416C with pin holder to make lockpin available at any time. Nevertheless, even to interlock swing using the pin operator shall come into crushing area in the first place.
United States Patent 3,921,835 Nov. 25, 1975
Releasable Lock Means for Boom
J.I.Case Company (Racine, Wis.)
…shown in FIG.3. In position, opening 67 surrounds pin 60 to provide an interlock between boom 24 and support 20. This will hold boom 24 in a transport or storage position with respect to support or swing tower 20 until released by a release means that has been described above.
Backhoe boom lock
United States Patent 5,064,339 November 12, 1991
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe loader has a rearward backhole mechanism having a swing frame pivotally connected to a tractor main frame on a pair of vertical pivots. A backhoe boom is swingable on a transverse pivot carried by the swing frame by actuation of a hydraulic cylinder, and the booom being swingable between rearward operating positions and a generally upright transport position. The boom is lockable in its transport position by a mechanism that includes a T-shaped latch member that is swingably mounted on the swing frame on a horizontal pivot, the swinging movement being controlled by a control lever and cable system actuable from the vehicle operator station. The lock includes a pair of upwardly open hook-type lock elements on the boom that respectively receive lock pins formed by the cross portion of the T-shaped latch member, and the hook elements having inclined ramps at their forward ends that engage the latch member pins as the boom swings rearwardly into its transport position to shift the latch member upwardly until the pins clear the ramps and drop downwardly into the sockets of the hook-type elements. An adjustable stop is provided on the swing frame for engaging the boom and limiting the rearward movement of the boom past the upright transport position.
The upper arms 34 of the swing frame are provided with vertically aligned bores 92 that align with a vertical bore 94 in the upper frame member 26 when the swing frame is in a straight fore and aft position, as shown in FIG. 3. A pin 96 is insertable downwardly through the bores 92 and 94 to releasably lock the swing frame 30 to the tractor main frame in its centered position, thereby preventing the swing frame from shifting from side to side while the pin is in place during transport of the machine.
Backhoe boom lock
United States Patent 5,967,737 October 19, 1999
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe boom lock for locking the boom to the swing frame during transporting and craning operations. The boom is provided with two upwardly open hooks that project on either side of the swing frame when the boom is retracted into its craning or transport positions. Two bell cranks are located on each side of the swing frame and are provided with transverse catches for engaging the upwardly open hooks. The bell cranks are biased downwardly by springs. A linkage for lifting the bell cranks against the biasing force of the springs extends from the bell cranks into the interior of the operator's cab. The linkage is provided with a control lever, located inside the operator's cab for lifting the bell cranks. After the boom has been retracted into its transport or craning position, the control lever is released and the bell cranks rotated by the biasing springs so that the catches engage the upwardly open hooks on the boom.
The swing frame 18 is pivotally coupled to the vehicle frame 12 by a vertical pivot 34. Hydraulic cylinder 36 pivots the swing frame 18 relative to the vehicle frame 12 about a vertical axis defined by pivot 34. The swing frame is provided with two forwardly projecting portions 38 having vertical pin receiving apertures. A rearwardly extending portion 40 of the vehicle frame 12 is sandwiched between the two forwardly extending portions 38 and is also provided with a vertical aperture. The vertical aperture on the rearwardly extending portion 40 is aligned with vertical pin receiving apertures of the forwardly projecting portions 38 when the swing frame 18 is centered on the vehicle frame 12. When the apertures are aligned, a removable pin 46 having a handle 48 can be inserted into the apertures for locking the swing frame 18 relative to the vehicle frame 12.
Thursday, December 02, 2004
Product Liability Law - comments
Expert Witness’ Qualification Requirements.
Product Liability Law under the Third Restatement of Torts
Dr. Maxim Gots P. Eng.
These materials have been prepared for educational and information purposes only. They are not professional advice on any specific matters. Online readers should not act upon this information without seeking professional counsel.
An Expert – is defined under Federal Rule of Evidence705 as any person who by “knowledge, skills, experience, training or education” has “scientific, technical or other specialized knowledge”. At the first place an Expert should be able to use scientific principles and methods involved in analyzing the design of the product or warning and identify these principles if necessary.
Section II. Categories of product defects
An Expert should feel him/herself qualified to give an expertise in next three areas:
Design. It will require analysis of structural, mechanical (including hydraulics and pneumatics), electrical components, as well as safety related behavior of alleged machinery as a unit. This part will include analysis of controls, automation and programmable devises. It will require knowledge of technological processes that alleged machinery is involved (construction, mining, industrial production).
Manufacturing. Quality Control skills will be very useful here. Knowledge in visual inspection of critical points (e.g. welding, stress concentrators, corrosion), failure analysis, material testing (including nondestructive testing methods) could be critical. Ability to track typical rejects, epidemic failures, customers’ complain is essential.
Warning. This expertise will not be limited to hazard analysis. Psychological, ergonomical, and even philosophical aspects of human behavior will be involved.
Subparagraph (a)
An Expert that is able to find an evidence of departure from intended design – would be the right to choose, because the liability standard for manufacturing defects is strict.
Subparagraph (b)
Absolute majority of Product Liability cases is based on “defective design” theory. Subparagraph (b) of Section I of Restatement of Torts (Third) states as follows, “A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design … and the omission of the alternative design renders the product not reasonably safe.”
Experience of the Expert in design of equipment similar to alleged or in close related areas of industry could indicate Expert's ability to find alternative safer design.. Some Experts may have patented inventions that could indicate ability to find an alternative solution. Knowledge of foreign (e.g. European or Australian) regulations and standards could be useful, because a manufacturer, following overseas regulations could import product of “alternative safe design” neglecting safety of North American customers.
Subparagraph (c)
An Expert shall be able to determine foreseeable risk for foreseeable use and prove that manufacturer neglected the risk in warning and instructions.
The best way to identify risks that a product could produce or be involved in is the product testing. An expert that has an experience in product testing has additional positive potential in product liability litigation.
Section III. Inference of product defect.
Role of an Expert is vital at this point. The Expert should be able to develop “Malfunction Theory” that would make a circumstantial evidence to support inference of product defect.
Section IV. Non-compliance with relevant safety regulations.
An Expert that is not familiar with OSHA Reg.29 shall not be chosen as an Expert Witness in product liability litigation in United States (the same for OSH Act In Ontario, Canada). OSHA recognizes limited number of industrial standards, but under the “de minimis violation” policy a standard providing measures of safety equivalent or higher than OSHA Regulation shall be treated as a mandatory.
There is a lot of ANSI, ASME, SAE, ASTM, API, AWS, ASHTOO etc. and CSA/CAN standards that should be known to an Expert because violation of mandatory safety statute or regulation renders the product defective. Expert’s knowlage should not be limited to current regulations but extended to historical regulations too, because the legislation must be applicable at the time the product was distributed.
Standards’ clauses are rarely strict and clear. An Expert should bear in mind real intend and be aware about possible interpretations of Standard clauses.
Experts skills shall allow the Lawyer explore in detail the nature and extent of the expert's training, experience, and testing of the specific product or warning and similar products or warnings.
United States Patent 5,064,339 November 12, 1991
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe loader has a rearward backhole mechanism having a swing frame pivotally connected to a tractor main frame on a pair of vertical pivots. A backhoe boom is swingable on a transverse pivot carried by the swing frame by actuation of a hydraulic cylinder, and the booom being swingable between rearward operating positions and a generally upright transport position. The boom is lockable in its transport position by a mechanism that includes a T-shaped latch member that is swingably mounted on the swing frame on a horizontal pivot, the swinging movement being controlled by a control lever and cable system actuable from the vehicle operator station. The lock includes a pair of upwardly open hook-type lock elements on the boom that respectively receive lock pins formed by the cross portion of the T-shaped latch member, and the hook elements having inclined ramps at their forward ends that engage the latch member pins as the boom swings rearwardly into its transport position to shift the latch member upwardly until the pins clear the ramps and drop downwardly into the sockets of the hook-type elements. An adjustable stop is provided on the swing frame for engaging the boom and limiting the rearward movement of the boom past the upright transport position.
The upper arms 34 of the swing frame are provided with vertically aligned bores 92 that align with a vertical bore 94 in the upper frame member 26 when the swing frame is in a straight fore and aft position, as shown in FIG. 3. A pin 96 is insertable downwardly through the bores 92 and 94 to releasably lock the swing frame 30 to the tractor main frame in its centered position, thereby preventing the swing frame from shifting from side to side while the pin is in place during transport of the machine.
United States Patent 5,967,737 October 19, 1999
Backhoe boom lock
Deere & Company (Moline, IL)
Abstract
A backhoe boom lock for locking the boom to the swing frame during transporting and craning operations. The boom is provided with two upwardly open hooks that project on either side of the swing frame when the boom is retracted into its craning or transport positions. Two bell cranks are located on each side of the swing frame and are provided with transverse catches for engaging the upwardly open hooks. The bell cranks are biased downwardly by springs. A linkage for lifting the bell cranks against the biasing force of the springs extends from the bell cranks into the interior of the operator's cab. The linkage is provided with a control lever, located inside the operator's cab for lifting the bell cranks. After the boom has been retracted into its transport or craning position, the control lever is released and the bell cranks rotated by the biasing springs so that the catches engage the upwardly open hooks on the boom.
The swing frame 18 is pivotally coupled to the vehicle frame 12 by a vertical pivot 34. Hydraulic cylinder 36 pivots the swing frame 18 relative to the vehicle frame 12 about a vertical axis defined by pivot 34. The swing frame is provided with two forwardly projecting portions 38 having vertical pin receiving apertures. A rearwardly extending portion 40 of the vehicle frame 12 is sandwiched between the two forwardly extending portions 38 and is also provided with a vertical aperture. The vertical aperture on the rearwardly extending portion 40 is aligned with vertical pin receiving apertures of the forwardly projecting portions 38 when the swing frame 18 is centered on the vehicle frame 12. When the apertures are aligned, a removable pin 46 having a handle 48 can be inserted into the apertures for locking the swing frame 18 relative to the vehicle frame 12.
Thursday, December 02, 2004
Product Liability Law - comments
Expert Witness’ Qualification Requirements.
Product Liability Law under the Third Restatement of Torts
Dr. Maxim Gots P. Eng.
These materials have been prepared for educational and information purposes only. They are not professional advice on any specific matters. Online readers should not act upon this information without seeking professional counsel.
An Expert – is defined under Federal Rule of Evidence705 as any person who by “knowledge, skills, experience, training or education” has “scientific, technical or other specialized knowledge”. At the first place an Expert should be able to use scientific principles and methods involved in analyzing the design of the product or warning and identify these principles if necessary.
Section II. Categories of product defects
An Expert should feel him/herself qualified to give an expertise in next three areas:
Design. It will require analysis of structural, mechanical (including hydraulics and pneumatics), electrical components, as well as safety related behavior of alleged machinery as a unit. This part will include analysis of controls, automation and programmable devises. It will require knowledge of technological processes that alleged machinery is involved (construction, mining, industrial production).
Manufacturing. Quality Control skills will be very useful here. Knowledge in visual inspection of critical points (e.g. welding, stress concentrators, corrosion), failure analysis, material testing (including nondestructive testing methods) could be critical. Ability to track typical rejects, epidemic failures, customers’ complain is essential.
Warning. This expertise will not be limited to hazard analysis. Psychological, ergonomical, and even philosophical aspects of human behavior will be involved.
Subparagraph (a)
An Expert that is able to find an evidence of departure from intended design – would be the right to choose, because the liability standard for manufacturing defects is strict.
Subparagraph (b)
Absolute majority of Product Liability cases is based on “defective design” theory. Subparagraph (b) of Section I of Restatement of Torts (Third) states as follows, “A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design … and the omission of the alternative design renders the product not reasonably safe.”
Experience of the Expert in design of equipment similar to alleged or in close related areas of industry could indicate Expert's ability to find alternative safer design.. Some Experts may have patented inventions that could indicate ability to find an alternative solution. Knowledge of foreign (e.g. European or Australian) regulations and standards could be useful, because a manufacturer, following overseas regulations could import product of “alternative safe design” neglecting safety of North American customers.
Subparagraph (c)
An Expert shall be able to determine foreseeable risk for foreseeable use and prove that manufacturer neglected the risk in warning and instructions.
The best way to identify risks that a product could produce or be involved in is the product testing. An expert that has an experience in product testing has additional positive potential in product liability litigation.
Section III. Inference of product defect.
Role of an Expert is vital at this point. The Expert should be able to develop “Malfunction Theory” that would make a circumstantial evidence to support inference of product defect.
Section IV. Non-compliance with relevant safety regulations.
An Expert that is not familiar with OSHA Reg.29 shall not be chosen as an Expert Witness in product liability litigation in United States (the same for OSH Act In Ontario, Canada). OSHA recognizes limited number of industrial standards, but under the “de minimis violation” policy a standard providing measures of safety equivalent or higher than OSHA Regulation shall be treated as a mandatory.
There is a lot of ANSI, ASME, SAE, ASTM, API, AWS, ASHTOO etc. and CSA/CAN standards that should be known to an Expert because violation of mandatory safety statute or regulation renders the product defective. Expert’s knowlage should not be limited to current regulations but extended to historical regulations too, because the legislation must be applicable at the time the product was distributed.
Standards’ clauses are rarely strict and clear. An Expert should bear in mind real intend and be aware about possible interpretations of Standard clauses.
Experts skills shall allow the Lawyer explore in detail the nature and extent of the expert's training, experience, and testing of the specific product or warning and similar products or warnings.
Product Liability Law under the Third Restatement of Torts
Dr. Maxim Gots P. Eng.
These materials have been prepared for educational and information purposes only. They are not professional advice on any specific matters. Online readers should not act upon this information without seeking professional counsel.
An Expert – is defined under Federal Rule of Evidence705 as any person who by “knowledge, skills, experience, training or education” has “scientific, technical or other specialized knowledge”. At the first place an Expert should be able to use scientific principles and methods involved in analyzing the design of the product or warning and identify these principles if necessary.
Section II. Categories of product defects
An Expert should feel him/herself qualified to give an expertise in next three areas:
Design. It will require analysis of structural, mechanical (including hydraulics and pneumatics), electrical components, as well as safety related behavior of alleged machinery as a unit. This part will include analysis of controls, automation and programmable devises. It will require knowledge of technological processes that alleged machinery is involved (construction, mining, industrial production).
Manufacturing. Quality Control skills will be very useful here. Knowledge in visual inspection of critical points (e.g. welding, stress concentrators, corrosion), failure analysis, material testing (including nondestructive testing methods) could be critical. Ability to track typical rejects, epidemic failures, customers’ complain is essential.
Warning. This expertise will not be limited to hazard analysis. Psychological, ergonomical, and even philosophical aspects of human behavior will be involved.
Subparagraph (a)
An Expert that is able to find an evidence of departure from intended design – would be the right to choose, because the liability standard for manufacturing defects is strict.
Subparagraph (b)
Absolute majority of Product Liability cases is based on “defective design” theory. Subparagraph (b) of Section I of Restatement of Torts (Third) states as follows, “A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design … and the omission of the alternative design renders the product not reasonably safe.”
Experience of the Expert in design of equipment similar to alleged or in close related areas of industry could indicate Expert's ability to find alternative safer design.. Some Experts may have patented inventions that could indicate ability to find an alternative solution. Knowledge of foreign (e.g. European or Australian) regulations and standards could be useful, because a manufacturer, following overseas regulations could import product of “alternative safe design” neglecting safety of North American customers.
Subparagraph (c)
An Expert shall be able to determine foreseeable risk for foreseeable use and prove that manufacturer neglected the risk in warning and instructions.
The best way to identify risks that a product could produce or be involved in is the product testing. An expert that has an experience in product testing has additional positive potential in product liability litigation.
Section III. Inference of product defect.
Role of an Expert is vital at this point. The Expert should be able to develop “Malfunction Theory” that would make a circumstantial evidence to support inference of product defect.
Section IV. Non-compliance with relevant safety regulations.
An Expert that is not familiar with OSHA Reg.29 shall not be chosen as an Expert Witness in product liability litigation in United States (the same for OSH Act In Ontario, Canada). OSHA recognizes limited number of industrial standards, but under the “de minimis violation” policy a standard providing measures of safety equivalent or higher than OSHA Regulation shall be treated as a mandatory.
There is a lot of ANSI, ASME, SAE, ASTM, API, AWS, ASHTOO etc. and CSA/CAN standards that should be known to an Expert because violation of mandatory safety statute or regulation renders the product defective. Expert’s knowlage should not be limited to current regulations but extended to historical regulations too, because the legislation must be applicable at the time the product was distributed.
Standards’ clauses are rarely strict and clear. An Expert should bear in mind real intend and be aware about possible interpretations of Standard clauses.
Experts skills shall allow the Lawyer explore in detail the nature and extent of the expert's training, experience, and testing of the specific product or warning and similar products or warnings.
