Jury orders John Deere to pay $5 million for Stillwater man's tractor death

[aczlan]

But JD got sued... not the dealer, correct? Moral of the story, go digging in the deep pockets.

I suspect that both Deere and the dealer got sued, that is how such lawsuits normally go.

Aaron Z

 

[4570Man]

I’m not saying this lawsuit was justified because I’m not, this guy was definitely negligent. But in his defense tractors are pretty much the only piece of equipment short of cranes that can’t lift the rated amount without modifications. Maybe they should change the specs to safe lifting load stock and maximum lifting capacity with appropriate ballast. Not in this guy’s defense the loaded tires wouldn’t have by themselves been enough ballast. Next error it’s highly unlikely the tractor toppled while the loader was at a safe height. I guess that’s kinda redundant since if it toppled it wasn’t safe but it was probably a good ways off the ground. And he apparently wasn’t wearing his seatbelt either. My conclusion is the dealer might share some blame for not properly educating him but that’s not their job and Deere shares 0 percent of the blame.

 

[aczlan]

I’m not saying this lawsuit was justified because I’m not, this guy was definitely negligent. But in his defense tractors are pretty much the only piece of equipment short of cranes that can’t lift the rated amount without modifications. Maybe they should change the specs to safe lifting load stock and maximum lifting capacity with appropriate ballast. Not in this guy’s defense the loaded tires wouldn’t have by themselves been enough ballast. Next error it’s highly unlikely the tractor toppled while the loader was at a safe height. I guess that’s kinda redundant since if it toppled it wasn’t safe but it was probably a good ways off the ground. And he apparently wasn’t wearing his seatbelt either. My conclusion is the dealer might share some blame for not properly educating him but that’s not their job and Deere shares 0 percent of the blame.

I agree, the customer can choose to use fluid in the tires, a counterweight box, a backblade, or most anything else that is heavy as a counterweight.
Now if you're a new owner, your dealer should make it clear to you the risks of using your loader without an appropriate amount of counterweight on the back, but I don't see why they should be liable if you choose to ignore what it says in the manual and what they tell you.

Additionally, if he had the roll bar up his seat belt buckled (as per the numerous stickers on the tractor), there is a very good chance that he would have survived the rollover with nothing more than hurt pride.

Aaron Z

 

[oosik]

Hey - just look at the manner in which some folks operate highway vehicles. And they are supposedly knowledgeable and licensed. Now put this same person on a tractor with no knowledge or experience. Is it still a mystery..............

 

[Wagtail]

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.

Sorry Moss, but I'm not reading it that way (plus it's 'legal weasel' lawyer talk, phrasing it in a certain way)... the rep specifically said that "It's recommended that they be done by a Deere dealership,".

Do tractors come from the dealership 'properly weighted and properly ballasted'? No, they don't. Sure, there may be a local 'deal' going on to load tyres, but does that specific buyer want them loaded in the first place? Loading the tyres, wheel weights and a ballast box are all extras to be added to the cost of a new tractor. Dealerships (all colours) are not mind readers and don't know what/how the new owner is going to use the tractor (+FEL). It was up to the owner to have these things done, either by himself or by the dealership. Same thing with widening the wheels for stability, the owner can do it or have the dealership do it.

Of course the dealership (any colour) will recommend that they do the work.

I believe that the tractor was going to be used in a new mowing 'venture'... that says 'slasher' or 'finish' mower normally hanging off the 3PH (yes, I'm assuming here) = plenty of ballast for normal FEL work (depending on the FEL load and height carried). Apparently, no ballast was present = overloaded/un-ballasted.

Nobody was negligent, the owner (through inexperience) was ignorant.

[And I say 'ignorant' in the purest form of the word.]

 

[RandyT]

This whole thing is a slippery slope. So JD will now need to add 700# of non removable weight behind the rear axle on every 3038 sold with a loader. And the experts will also argue that wheel weights and loaded tires don't count since it does nothing to unload the front axle and can't be used toward the counterweight requirements.

I get a good feeling that there is more to this story that what has been told. I hope JD appeals and wins. And like Moss said wouldn't the mower be considered counterweight. So If the dealer delivered the tractor to the customer with the mower installed then the dealer installed ballast requirement was met.

 

[East30]

This whole thing is a slippery slope. So JD will now need to add 700# of non removable weight behind the rear axle on every 3038 sold with a loader. And the experts will also argue that wheel weights and loaded tires don't count since it does nothing to unload the front axle and can't be used toward the counterweight requirements.

I get a good feeling that there is more to this story that what has been told. I hope JD appeals and wins. And like Moss said wouldn't the mower be considered counterweight. So If the dealer delivered the tractor to the customer with the mower installed then the dealer installed ballast requirement was met.

This post reminds me of me exact conversation when I purchased my B2650. I knew zero about tractors. (again, I think all of you for your postings, I've learned much) He suggested I purchase a ballast box and explained it's purpose. He also told me the tiller provided ballast, when attached, but was I going to always leave an attachment on the three point hitch. $400 seemed like a no-brainer for the extra security. But, I will say being a novice, for 10 minutes or so, I figured if I was careful I could get buy without it. Then decided to buy it. In the nine months owning my tractor I now understand it's importance.

Also, that conversation was me and the dealer. Had I opted against the ballast purchase, and rolled my tractor I wonder if my wife would blame the dealer or manufacturer? Trick question, she blames me for everything.


Also, that conversation was me and the dealer. My wife was not involved. Had I decided to not purchase, and rolled it, would my wife blame the dealer?

 

[ruffdog]

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.

Well, if a mower or any other implement can not be considered "ballast", will ballast have to be permanent weight? I wonder if lifting capacity of FELs will be drastically cut to be safe instead of mounting ballast? Maybe they will become wide, heavy, low, under-powered slugs that can't lift much. I still think some people will find a way to hurt themselves though.

 

[ovrszd]

Sorry Moss, but I'm not reading it that way (plus it's 'legal weasel' lawyer talk, phrasing it in a certain way)... the rep specifically said that "It's recommended that they be done by a Deere dealership,".

Do tractors come from the dealership 'properly weighted and properly ballasted'? No, they don't. Sure, there may be a local 'deal' going on to load tyres, but does that specific buyer want them loaded in the first place? Loading the tyres, wheel weights and a ballast box are all extras to be added to the cost of a new tractor. Dealerships (all colours) are not mind readers and don't know what/how the new owner is going to use the tractor (+FEL). It was up to the owner to have these things done, either by himself or by the dealership. Same thing with widening the wheels for stability, the owner can do it or have the dealership do it.

Of course the dealership (any colour) will recommend that they do the work.

I believe that the tractor was going to be used in a new mowing 'venture'... that says 'slasher' or 'finish' mower normally hanging off the 3PH (yes, I'm assuming here) = plenty of ballast for normal FEL work (depending on the FEL load and height carried). Apparently, no ballast was present = overloaded/un-ballasted.

Nobody was negligent, the owner (through inexperience) was ignorant.

[And I say 'ignorant' in the purest form of the word.]

I agree.

 

[WranglerX]

Bottom line is JD should have never let engineer on witness stand.... JD's engineer screwed the case for them...

Dale