Tragic Excavator Accident

   / Tragic Excavator Accident #11  
Many thanks for that clarification. Even though the Dutch speak superb English, I have struggled to get information on the legal side of things.
As for legal things, if the machine was assembled with just a couple of bolts just for testing, this would be the full responsibility of the company that performed this operation, which is STC. Then its director would bear responsibility, which is the victim himself. So there is nothing to gain for lawyers.

By modifying it, the builder of the demolition front breaks the CE safety certification (CE means Conformite Europeenne, or European conformity) with which Cat Europe, has sold it here. So the modifier is responsible for the components it has modified and/or added, and for the machine as a whole. If a hydraulic pump blows up (at factory setting off course) CAT would be responsible. If the modifier adjusted the machine off factory settings, it would become their responsibility as well.
So in short, Cat keeps its responsibility for subcomponents as long as the modifier hasnt changed its adjustments or design loads. As soon as you change or modify a component, you're responsible.
 
   / Tragic Excavator Accident #12  
Hi Renze,

And thanks for this further clarification; it sounds as if the Dutch legal system is pretty much the same as here in the UK.

I think the question that needs to be answered here, however, is at which point that responsibility shifts. Rusch handed over the modified machine to another modifier, but how much work (if any) needs to be done by STC before the whole thing becomes their responsibility.

I think this is probably one for the lawyers, to be honest.

If you have the time, you might like to add your thoughts to the ongoing discussion here as well: Demolition News Facts emerging from tragic high reach accident…
 
   / Tragic Excavator Accident #13  
Ive seen a crane that the tracks hadnt been bolted with all the bolts drop like that. I was working on my Mini ex the other day and a friend kept hanging around the the counter wieght. He got a little chaffed when I told him to stay away from it. He realized that the counter weight was enough to flatten him. Thats on a small 1200 lbs hoe. A counter weight off a 300 Komatsu is massive and it tiny compared to a 5110 Cat. I always hated remounting the counterweights on them when he had to break them down for moves. Some hoes like my mini have a shelf that the cast weight fits on to take the pressure off the hardware. These are realy dangerous Ihad one set already and had a loader holding it up with chokers.

I had started the bolts and was running them in when the weight slipped back and stripped the bolts. It would have gotten my helper if the loader hadnt been attached to it. Same job a self erecting crane that used the gantry to erect the counter weighes in place. During this a the rigger that was unfamiliar with the set up didnt put the locking bolts through the auxhilary weighs that tied them all together. When the crane extended the the extendable counterweight the top stack of them fell off.
 

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