Pa. Superior Court holds that OSHA regulations preempt state law

Date: July 2, 2007

On May 22, 2007, the Pennsylvania Superior Court of Pennsylvania affirmed a trial court’s granting of summary judgment to a forklift manufacturer in a products liability case. In Arnoldy v. Forklift L.P., the plaintiff was struck by a forklift while it was backing up. Plaintiff’s cause of action alleged defective design of the machine because it lacked any warning system when moving in reverse. The Court held that any state tort law requiring all forklifts to have certain safety devices would contradict language in the Occupational Safety and Health Act (OSHA)that states the user of the machine has the option to request the manufacturer to equip the machine with additional safety devices depending upon where the machine will be used.

Thomas P. Cummings, Esq.

Joe Price
Attorney Joe Price is a seasoned Trial Lawyer serving Northeast, Central and Southeast Pennsylvania for the past forty (40) years. He has handled serious personal injury cases in courts throughout the Federal system including New Jersey and New York. Attorney Price is A.V. Rated by Martindale Hubble. He is Board Certified in Civil Practice by the National Board of Trial Advocacy since 1996.