Only in America

[Dutch445]

The family's lawsuit alleged that John Deere, the world's largest agricultural-equipment maker, was negligent in designing the mower with a switch that allows the driver to keep the blades spinning while driving in reverse.

This machine had our RIO system. The operator had to override the
safety system in the machine and acknowledge he was in reverse with
the blades turning. 100% taking on the liability of the situation, yet
still 3 people felt a manufacturer was negligent. 3 people plus the law firm
with the drool dripping off their chins.

 

[tdan300]

I really feel for the child, she has to grow up missing a leg and with an idiot father.

I was on a volunteer fire department back in the 70's, working as an EMT. We were called to the seen of a horrific incident. A father was letting his toddler son ride on his lap on a little tractor with a tiller behind. The toddler skirmed just right and fell, getting his leg caught up in the tines of the tiller. It took us over an hour, with the use of a cutting torch to extricate the little guy. The muscle on his upper leg was tore up bad, his calf muscle was pulled loose and hanging by the ligaments by his ankle. Somehow, the bones were not broken, though one had a hairline fracture. The soil in this area has a lot of volcanic pumice in it, which was imbedded in the wounds. He was transported to children's hospital in portland and spent the next 8 months there. They were able to save his leg, but he walks with a terrible limp. The community came together to help with expenses throughout the entire ordeal. There was never any talk of a "Lawsuit" in this community. The father took full accountability for the incident.

In another case, about 6 years ago, a young mother was walking into a sandwich shop, stubbed her toe on the curb and broke it. She sued the sandwich shop, and won.

A workable tort law is needed. I agree with the concept that the person initiating the suit should be liable for ALL costs if they loose. May not be the best way, but I don't want to see any additional bureaucracy built in.

The sad part is, all the frivolous lawsuits are an indicator of the shift in basic morallity of the United States.

 

[MossRoad]

I don't think he's an idiot for running his daughter over. I do think he's an idiot for not taking responsibility for it, though, and trying to sue the tractor maker.

 

[soulasphil]

Unfortunately it is not "only in America". In Europe we have been slow but are catching up fast. All this legal system, suing at the least occasion and seeking dammages, all this is coming fast to Europe. We are even trying to copy your class action system. The initiators meant well but it has turned out to foster a nightmarish society. I hope the trend can be curbed.

 

[blueriver]

I think the father should have been charged with reckless endangerment or child neglect maybe.

Now there's a thought ... charge the man and have more lawyers and jurors ...

Where are the days of the real meaning of the word accident ... To often its to easy to charge someone with something.

Surely it was not intentional I'm betting ACCIDENT. And in todays world lets just get us a lawyer ...

Why do you think the lawsuit was filed to begin with ???

 

[dave1949]

Now there's a thought ... charge the man and have more lawyers and jurors ...

Where are the days of the real meaning of the word accident ... To often its to easy to charge someone with something.

Surely it was not intentional I'm betting ACCIDENT. And in todays world lets just get us a lawyer ...

Why do you think the lawsuit was filed to begin with ???

The part of this case which really bothers me is I don't see how a parent could be running a mower of any kind safely while a 4 yr old was anywhere in the yard. Mowers do occasionally throw things, you don't have to run over the child to injure them. Therefore, while I am sure it was an accident, it was one that a prudent person could have avoided. To me, and I think also in the legal sense, that is the definition of negligence.

If we want people to stop filing frivolous law suits, we have to be willing to let them know they were in the wrong.

If we want to communicate this to the people involved, I don't know of any other mechanism to do so other than a police citation in a civilized nation. It represents the collective voice of our society.

Dave.

 

[Diamondpilot]

It was a accident. The father will have to live with it but I agree with Moss Road, kids move around and do so quickly. I have children and a niece and nephew and they are all over the place. I am sure no one meant for this to happen but at the end of the day it was not JD's fault.

Chris

 

[blueriver]

The part of this case which really bothers me is I don't see how a parent could be running a mower of any kind safely while a 4 yr old was anywhere in the yard. Mowers do occasionally throw things, you don't have to run over the child to injure them. Therefore, while I am sure it was an accident, it was one that a prudent person could have avoided. To me, and I think also in the legal sense, that is the definition of negligence.

If we want people to stop filing frivolous law suits, we have to be willing to let them know they were in the wrong.

If we want to communicate this to the people involved, I don't know of any other mechanism to do so other than a police citation in a civilized nation. It represents the collective voice of our society.

Dave.

Dave ... not many things get me on a high horse ... this has. There is no legal sense here. Frivolous law suits are just that ... any lawyer can make a suit against anybody ... where does it stop?

The other mechanism is to simply identify an accident as an accident ... why does someone else have to get involved and make charges ... its a good old fashion ACCIDENT !!

 

[/pine]

IMO...
One of the main reasons so many "frivolous law suits" are filed is because lawyers know that juries are gullible enough to reward large sums of money that they (the lawyers) will get 40%,50%,60% of...

cut the high percentage contingency fees that lawyers are allowed to charge and lawyers will not be filing so many frivolous suits...IMO the lawyers are the ones that should pay all costs if they lose...not their clients...

Also, part of any "tort reform" should include an added cost (to be paid by the plaintiff's counsel) for a unbiased 3rd party auditing firm to verify all costs of preparing and bringing a case to trial...

 

[blueriver]

IMO...
One of the main reasons so many "frivolous law suits" are filed is because lawyers know that juries are gullible enough to reward large sums of money that they (the lawyers) will get 40%,50%,60% of...

I think this is on track ... where does all that money come from?