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

[kenmac]

I have the rear tires filled to the max on my bota. I still stood it on it's nose with the loader today.
Seems the dealer is responsible for any set up before it goes to the customer. Not JD.
But, the dealer don't have the deep pockets that JD does.

First time owners should be aware that tractors aren't toys, and you can be killed in an instant with one.

It doesn't mention (or I missed it) anything about the operator wearing his seat belt.

I'm guessing JD's attorney never heard of contributory negligence . I would say if the man didn't have his seat belt on then this would apply

 

[Tomtint]

Would make more sense to require operators training like driving training before you were allowed to own a tractor. Then that does not protect anyone in your family who hopes on the tractor to help out. Loss of life is sad for it is forever. However there is no way to protect a person who is not willing to "think" for themselves.

Here in Mass you need a hoisters or Hydraulic license to be even rent a piece of equipment like a scissor lift or skid steer etc. I would imagine the time is near where you will need to present one of these licenses at the dealer when you buy one.
Also, .. I believe the trigger to the license is anything that can lift 2-300 lbs... it may be 500 lbs.. needs a licensed operator. This means all the BX homeowners.... need a license. .. Which means that should something happ n on their own propane they don't have it..I'm sure their insurance company will use that to claim they won't cover any damages.

 

[Peter 315]

Here in Mass you need a holsters or Hydraulic license to be even rent a piece of equipment like a scissor lift or skid steer etc. I would imagine the time is near where you will need to present one of these licenses at the dealer when you buy one.
Also, .. I believe the trigger to the license is anything that can lift 2-300 lbs... it may be 500 lbs.. needs a licensed operator. This means all the BX homeowners.... need a license. .. Which means that should something happ n on their own propane they don't have it..I'm sure their insurance company will use that to claim they won't cover any damages.

equipment that has the minimum capability of hoisting the load higher than 10 feet, and either the capability of lifting loads greater than 500 pounds or the capacity of the bucket exceeds 1/4 cubic yards must hold a license from the Department only for commercial use does not apply to personal owner on private property you can buy a bobcat and run it at your house no license needed

 

[Tomtint]

equipment that has the minimum capability of hoisting the load higher than 10 feet, and either the capability of lifting loads greater than 500 pounds or the capacity of the bucket exceeds 1/4 cubic yards must hold a license from the Department only for commercial use does not apply to personal owner on private property you can buy a bobcat and run it at your house no license needed

I do t see that homeowner exclusion anywhere in the law. Could you post where you found that info ?

 

[Peter 315]

I do t see that homeowner exclusion anywhere in the law. Could you post where you found that info ?[/QUO I guess they started enforcing 5 years ago my bad The only exemption to the law is for use of hoisting machinery for purely agricultural purposesWarning for Massachusetts Residents Renting Hoisting Equipment - United Alliance Services

 

[oosik]

Here in WA you need a "license" also. It's called - $$$$.

 

[Steppenwolfe]

I hope JD appeals this appalling decision. The operator's manual states in black and white what is required with loader operation.

I'm not so sure it is all that appalling... I think the question is, who is responsible for educating the operator?

 

[metalbender]

Common sense is not common. Everything we know, we have learned. Some learn faster. Those that don't care to learn suffer consequences from their actions. The dealer connot possibly demonstrate all the possibilities a tractor owner might encounter. If you buy a gun and shoot your foot, who is responsible? The gun manufacturer, the selling dealer, maybe the transport company for delivering dangerous goods. How about the user, not reading and understanding the proper operation of the product. As has been said, the owner manual has many pages of safety warnings.

 

[Industrial Toys]

It's all so stupid. So father gets (dealer) instruction and son goes and tips tractor. EDIT: Just suggesting that you can't teach everyone whoe will operate that machine.

Lady friend that manages condos was talking to Insurance Company. Snow starts Friday afternoon and by evening the "slip and fall" claims already start coming in. Some snow removeal contractors packing it in, when premiums go up 300%! Did I say, it's all so stupid?

 

[Steppenwolfe]

It's all so stupid. So father gets (dealer) instruction and son goes and tips tractor. EDIT: Just suggesting that you can't teach everyone whoe will operate that machine.

Lady friend that manages condos was talking to Insurance Company. Snow starts Friday afternoon and by evening the "slip and fall" claims already start coming in. Some snow removeal contractors packing it in, when premiums go up 300%! Did I say, it's all so stupid?

And you and I pay for it all...