Looking Back — Complex Products Liability Litigation Involving a Commercial Truck Liftgate

Complex Products Liability Litigation Involving a Commercial Truck Liftgate

At Cheriff & Fink, P.C., our attorneys have handled a wide variety of serious injury and products liability cases over the years. One particularly interesting matter involved a complex Federal Court lawsuit arising from the alleged failure of a commercial truck liftgate — a case that ultimately resolved after extensive litigation, expert discovery, and two full days of mediation.

What Is a Liftgate?

A liftgate (sometimes referred to as a “tail lift”) is a hydraulic or mechanical platform mounted to the rear of a commercial truck. Liftgates are commonly used to raise and lower heavy cargo between the truck bed and the ground during loading and unloading operations. They are widely utilized by delivery companies, distributors, moving companies, and businesses transporting heavy equipment or materials.

Because liftgates routinely support significant weight and involve moving mechanical components, their proper design, manufacture, installation, and maintenance are critically important. When a liftgate malfunctions or fails, the consequences can be catastrophic for workers operating near or on the platform.

The Accident and Resulting Injuries

In this case, we represented a client who suffered devastating injuries after an alleged liftgate failure involving a commercial truck. The injuries included a fractured pelvis and multiple additional serious physical injuries that required extensive medical treatment and rehabilitation.

The lawsuit involved claims against several defendants, including the manufacturer of the liftgate as well as the distributor of the truck involved in the incident.

Allegations of Manufacturing and Design Defects

The plaintiff alleged that the liftgate failure resulted from both manufacturing defects and design defects in the liftgate system itself. Products liability litigation often involves highly technical issues concerning engineering standards, component integrity, product testing, warnings, and foreseeable use of the equipment.

To build the case, Cheriff & Fink pursued extensive discovery and obtained significant evidence from the defendants, including:

• Video footage from the accident scene;
• Photographs documenting both the accident location and the liftgate itself;
• Photographs of the plaintiff’s injuries;
• Invoices and sales records;
• Internal emails and communications;
• Purchase and distribution documents relating to the liftgate equipment.

This type of documentary evidence can be critical in determining how a product was designed, manufactured, marketed, distributed, and maintained before an accident occurs.

Extensive Expert Witness Litigation

As is common in complex products liability cases, the litigation involved multiple expert witnesses from a variety of disciplines.

The parties exchanged expert witness disclosures involving specialists in:

• Mechanical engineering;
• Materials science;
• Economics;
• Neurology;
• Orthopedics;
• Urology; and
• Psychiatry.

These experts analyzed issues ranging from the mechanical functioning of the liftgate to the long-term physical, neurological, emotional, and economic consequences of the plaintiff’s injuries.

Federal Court Discovery and Mediation

The case proceeded through extensive Federal Court litigation, including depositions of the parties, corporate representatives, and numerous non-party witnesses. Products liability cases involving commercial equipment often require substantial technical discovery and coordination among multiple defendants and insurers.

Following years of litigation and extensive pre-trial preparation, the matter ultimately resolved during mediation after two full days of negotiations.

The terms of the settlement remain confidential pursuant to the parties’ agreement and nothing in this article is contrary to the terms set forth in that agreement.

Handling Complex Injury and Products Liability Cases

Complex products liability litigation requires significant investigation, technical analysis, and persistence. Cases involving industrial or commercial equipment frequently involve multiple corporations, engineering issues, expert testimony, and extensive document discovery.

At Cheriff & Fink, P.C., we continue to represent individuals injured by defective products, unsafe equipment, negligent conduct, and dangerous conditions throughout New York and beyond.

Questions? Call or email our office to speak with one of our attorneys.