# Question 3: The Autonomous Forklift Accident

## Your role

You represent VectorMotion, the manufacturer of an autonomous warehouse forklift, in a personal-injury action brought by an injured warehouse employee.

## Governing law

1. A product has a design defect when foreseeable risks could have been reduced by a reasonable alternative design and the omission of that design renders the product not reasonably safe.

2. Relevant design considerations include the likelihood and severity of harm, the usefulness of the product, the cost and feasibility of the alternative, new risks created by the alternative, and the user’s ability to avoid the danger.

3. A warning is defective when a foreseeable, non-obvious risk requires a warning and an adequate warning likely would have changed relevant conduct.

4. A manufacturer may sometimes rely on a sophisticated commercial intermediary to communicate or manage a risk. Reliance is unreasonable if the manufacturer knows the intermediary is disregarding critical safety requirements.

5. A manufacturer that learns after sale of a substantial product risk must provide a reasonable post-sale warning when affected users can be identified and warning them is practical.

6. Negligence requires duty, breach, factual causation, proximate causation, and damages.

7. A cause is superseding only when it is extraordinary and not reasonably foreseeable. Misuse, maintenance failures, and workplace safety violations do not automatically supersede a product defect if they are foreseeable.

8. Comparative fault reduces recovery. A plaintiff who is more than 50 percent responsible cannot recover.

9. The employer is immune from ordinary tort liability because of workers’ compensation. The employer may nevertheless be listed for fault allocation. VectorMotion cannot recover contribution from the employer beyond the employer’s workers’ compensation obligation.

10. Compliance with safety regulations is relevant but not conclusive.

11. Evidence of a post-accident design change is not admissible to prove negligence or defect. It may be admitted for another purpose, such as feasibility, if feasibility is genuinely disputed.

12. Lost electronic evidence may support curative measures upon a showing of prejudice. An adverse inference requires intent to deprive.

## Facts

VectorMotion manufactured the AutoLift X7, which can operate in either:

* Exclusion-zone mode, where people are physically separated from the vehicle, or
* Mixed-use mode, where people and forklifts occupy the same area.

VectorMotion advertised mixed-use mode as allowing the X7 to “work safely alongside trained warehouse personnel.”

The manual stated:

> “For operation above four miles per hour, pedestrian barriers are required. Mixed-use operation above four miles per hour is not recommended.”

VectorMotion sold the forklift to Delta Distribution. VectorMotion hired SafePath Integration to configure the warehouse route.

SafePath configured the X7 to travel at six miles per hour in mixed-use areas. A SafePath engineer emailed Delta:

> “VectorMotion’s manual technically calls for barriers at this speed, but the current sensors are designed to stop for people.”

Delta did not install barriers because they would reduce usable floor space.

VectorMotion later sent a software update that increased route efficiency. Internal testing showed that, at certain oblique angles, the updated recognition model misclassified a worker wearing a highly reflective vest approximately 0.7 percent of the time. A higher confidence threshold would substantially reduce that risk but would also cause approximately 8 percent more unnecessary stops.

A VectorMotion safety engineer recommended automatically limiting mixed-use speed to four miles per hour unless barriers were electronically confirmed. Management rejected the recommendation because customers had complained about productivity losses.

VectorMotion knew of three earlier near misses involving reflective clothing. It sent distributors a technical bulletin recommending updated calibration and lower speeds. It did not send the bulletin directly to Delta, even though VectorMotion maintained Delta’s service account and contact information.

Delta’s safety manager disabled the X7’s supplemental emergency-braking module because frequent false stops were delaying shipments. The primary braking system remained active.

Delta also missed two monthly lidar-calibration checks. A post-accident test found the sensor within acceptable tolerance, although the plaintiff’s expert says the test cannot establish its condition on the accident date.

The plaintiff, Luis, was required to cross the forklift route to reach his assigned workstation. He was looking at a text message and wearing one earbud. Delta prohibited phone use in active warehouse lanes, but supervisors often ignored the rule.

The X7 detected an object nine meters away but classified it as a fixed reflective sign. It did not brake until approximately one second before impact. Luis suffered severe leg injuries.

VectorMotion’s system stored raw sensor frames for seven days. Luis’s lawyer sent a preservation letter five days after the accident. The raw frames were deleted on day seven through automatic operation. VectorMotion preserved detection summaries and event logs, but not the underlying images.

After the accident, VectorMotion implemented the automatic four-mile-per-hour mixed-use speed limit recommended by its engineer.

## Assignment

Analyze:

* Design-defect, warning-defect, post-sale-warning, and negligence claims against VectorMotion.
* Potential liability of SafePath.
* How Delta’s conduct affects causation and fault allocation.
* Luis’s comparative fault.
* Whether disabling the emergency-braking module, missing calibration checks, and phone use are foreseeable misuse or superseding causes.
* The reasonable-alternative-design analysis.
* The use and limits of the post-accident speed restriction.
* The consequences of deleting the raw sensor frames.
* The likely allocation of fault among VectorMotion, SafePath, Delta, and Luis.
* VectorMotion’s strongest settlement position.
* Whether VectorMotion should defend through trial, seek a global settlement, bring contractual claims against SafePath, or adopt another strategy.
* Product and customer-safety consequences that should influence the legal recommendation.

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