Let's say you buy a new tractor, check it all out, drive somewhere on your property, start going down a hill, it starts accelerating, you can't stop it, and it runs down the hill and hits a tree. No one is hurt, but the tractor is damaged badly.
Now let's say you investigate and find some linkage in the brakes had a cotter pin missing from the factory.
It says in your owner's manual to inspect the machine before each use, doesn't it? So that makes it your fault for not noticing the missing part from the factory, correct? Of course, you wouldn't claim the damage was the dealer or factory fault, because you didn't inspect the tractor first for missing or broken parts, and would eat the repair costs yourself, correct?
In the original story, the dealer was supposed to ballast the tractor for the loader that was installed, and apparently didn't. The tractor rolled over. They found something not correct that could have contributed to the roll over. So who's at fault, how much % at fault, etc... comes into play.
Of course, there was mention of the operator, seat belt usage, ROPS, etc... and that all comes into play as well.
