A fatal warehouse material-handling accident became the subject of a dispute over hazard recognition, forklift practices, contractual responsibilities, and whether preventable load-stability failures caused a worker’s death. Baker & O’Brien conducted an independent causal analysis, reviewing video evidence, witness testimony, OSHA forklift standards, and contractual relationships to determine technical cause and responsibility. Our expert report clarified key failures in risk controls and load handling, enabling the parties to resolve the dispute before trial without further litigation.

Serious accidents are rarely the result of a single failure. More often, multiple weaknesses in risk controls align, allowing hazardous energy to be unintentionally released. This case illustrates how an incomplete hazard analysis and unstable load handling led to a fatal outcome.

A contractor was performing several material-handling tasks inside a warehouse. One task involved relocating a large tool cabinet, approximately 7 feet tall and 16 feet long, from one room to another using a powered industrial truck (forklift). The three-person crew conducted an informal job safety analysis (JSA), developed a movement plan, and proceeded with the task. However, this informal JSA failed to identify critical hazards. The cabinet contained heavy tools that were neither removed nor secured, and the plan did not adequately address load stability or center-of-gravity concerns. These omissions significantly increased the risk of a load shift.

During the move, the cabinet shifted and leaned against a wall. The crew repositioned the cabinet and elected to continue the task rather than stop and reassess the hazards. The forklift forks supported only one end of the cabinet and were not long enough to provide full support. Wheeled dollies were placed under the opposite end. Workers positioned themselves on either side of the cabinet to keep the dollies aligned during movement. While the cabinet was in transit, one worker knelt beside it to adjust a dolly. At that moment, the load shifted again, and the cabinet toppled, fatally injuring the worker.

Baker & O’Brien was retained to evaluate the incident and determine causation and responsibility. Our review included the incident report, witness statements, police records, depositions, and videographic evidence of the forklift operation. We also analyzed the contractual relationships between the contractor and the warehouse owner, as well as applicable OSHA regulations governing powered industrial trucks. We conducted a formal causal analysis, evaluated the opposing expert’s conclusions, and prepared an expert report addressing the technical causes and allocation of responsibility. Our findings helped resolve the dispute before the scheduled trial.