Jury orders John Deere to pay $5 million for Stillwater man's tractor death
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Industrial Toys
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Then Deere is admitting that they sold you something DANGEROUS. AND trying to get you to not hold them responsible. Jury wouldn't look kindly upon that corporate tactic.
MossRoad
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Read the whole article. The product safety engineer from Deere testified that the machine was supposed to have ballast installed at the dealership "to prevent rollover and injury".
From the article:
Carlton Hearn, a product safety engineer for Deere & Company, testitfied that the tractor was supposed to be configured ready for use at the dealership, and there is a checklist dealers go through to ensure a tractor is ready for use.
Among the checklist items was the installation of ballast to to prevent rollover and injury. At first, it seemed the Hearn was suggesting that it would be up to the consumer to do whatever needed to be done with the tractor, according to a transcript provided to the News Press by Smolen Law.
"So let me ask you this, so when James and his dad, Clyde, showed up to P&K and they and he had this dream of having his own business and he had this 16-acre property that he needs help mowing," attorney Donald Smolen asked. "You think that they should have thought to themselves, 'Hey, even though I'm buying this thing brand new from John Deere and it's come directly from the factory all set up, I bet it's in an unreasonably safe condition and that I need to go through and make sure that they did everything they are supposed to. Is that the way that Deere sells its equipment?'"
"I'm sorry. What way?" the rep asked.
"Well, you've got here that in order for this tractor to be safe, and properly weighted, and properly ballasted there are certain things that have to be done to the tractor when used with a loader right?," Smolen replied. "I mean, that's what we have been talking about. And these things that are listed, the consumer, James Beall, Clyde Beall, me whoever, the consumer can't even do that, they can't even istall the real tire weights according to Deere, right?"
"It's recommended that they are done by a Deere dealership," Hearn replied.
Deere dug their own hole by specifying the machine needed weights installed by the dealer. The dealer didn't do it. Therefore, somebody was negligent.
From the article:
Carlton Hearn, a product safety engineer for Deere & Company, testitfied that the tractor was supposed to be configured ready for use at the dealership, and there is a checklist dealers go through to ensure a tractor is ready for use.
Among the checklist items was the installation of ballast to to prevent rollover and injury. At first, it seemed the Hearn was suggesting that it would be up to the consumer to do whatever needed to be done with the tractor, according to a transcript provided to the News Press by Smolen Law.
"So let me ask you this, so when James and his dad, Clyde, showed up to P&K and they and he had this dream of having his own business and he had this 16-acre property that he needs help mowing," attorney Donald Smolen asked. "You think that they should have thought to themselves, 'Hey, even though I'm buying this thing brand new from John Deere and it's come directly from the factory all set up, I bet it's in an unreasonably safe condition and that I need to go through and make sure that they did everything they are supposed to. Is that the way that Deere sells its equipment?'"
"I'm sorry. What way?" the rep asked.
"Well, you've got here that in order for this tractor to be safe, and properly weighted, and properly ballasted there are certain things that have to be done to the tractor when used with a loader right?," Smolen replied. "I mean, that's what we have been talking about. And these things that are listed, the consumer, James Beall, Clyde Beall, me whoever, the consumer can't even do that, they can't even istall the real tire weights according to Deere, right?"
"It's recommended that they are done by a Deere dealership," Hearn replied.
Deere dug their own hole by specifying the machine needed weights installed by the dealer. The dealer didn't do it. Therefore, somebody was negligent.
ruffdog
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What the he77 is the tractor industry going to do if this flies? You might as well kiss chain saws away too, not to mention scissors.
ruffdog
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The article mentioned the tractor was to help with mowing.....isn't a rear mower ballast?
BertZegers
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From now on tractors with front end loader need an extra sticker " WARNING: do not operate loader without sufficient counter weight".
Or "Do not operate this machine if you do not, for 100%, understand the risks involved". But then all of us can no longer operate machinery.
Or "Do not operate this machine if you do not, for 100%, understand the risks involved". But then all of us can no longer operate machinery.
WranglerX
Super Member
Funny, the first 1/3 or so (50-60 page) of my MF manual devoted to safety operation and every sticker on tractor and definitions on what they mean..... So far it seem it's unsafe parked in the shed with battery disconnected (so it can not start and attack me on its own) and I need to stay at least 50 feet away from it....
Dale
Dale
MossRoad
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It doesn't matter. Deere states the loader requires rear ballast AND Deere stated the dealer was supposed to install rear ballast. The dealer didn't install rear ballast. The end.
jgedmond
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Deere needs to hire better lawyers to review their manuals, checklists and internal practices. I bought a CUT with FEL 9 years ago (not Deere), no ballast, no weights, no problems. What the heck did this guy do?
dragoneggs
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But JD got sued... not the dealer, correct? Moral of the story, go digging in the deep pockets. :thumbdown: