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

[paulfun9]

I agree with everything you pose and ponder paulfun9. Most of which are related to experience, or lack thereof, of the unfortunate operator.

I mentioned earlier in this thread that I had the opportunity to take a government 'ticketed' material handling course through the Navy. Particularly classroom and practical operation of a forklift (including up/down inclines) led to my being able to transfer those skills to when I bought my FEL equipped 4105. Other navy training has left me as a 'safety pedantic', especially as I live alone so there's little likelihood of a rapid response if I 'stuff up'. As I said before, everything that I learnt on that course I was able to transfer to operating my tractor.

Perhaps dealerships could offer a SCUT/CUT 'course' on a Saturday or Sunday to new tractor owners... they could use one or two of their mid-HP demo tractors for the practical part.

When I decided to go for my motorcycle licence, before I could even be provided with a learners licence to even get on a bike, let alone buy one, I had to pay for and take a State preliminary riders course, on a closed 'track'... classroom and then practical. They provided everything, including either a beginner's cc motorcycle or 125cc motorscooter. You had to pass that course before anything else. Later on, the Navy then offered to pay for advanced defensive riding courses (level I & II)... I took them too.

One of the dealerships that I had my bike serviced at offered a free (Saturday arvo/evening with free pizza/soft drinks for tea) generic maintenance course. It was a great promotional event for the dealership.

The last couple operator manuals I have read for JD equipment have been crude but rather effective and covered the things needed to prevent this.
We must also remember a tractor is designed to have its wieght moved around depending on the job being performed and ensuring the buyer is up to that task is who’s responsibility?
So now if I sell one of my old tractors do I face a lawsuit if I sell a tractor loader without the wieght box for the rear, or don’t explain why they should not drive down hill with wieght in the bucket, no counter wieght and no seat belt?
This operator in my opinion must have done the most serious safety offense I can think of, which is not taking the time to “Read and UDERSTAND” the owners manual before operating.

So here is my question of the day.

If one buys a brand new push mower, takes it home fills with fuel then starts it and sticks thier foot under it and looses thier tows.
Is it the manufacturers fault, the sellers fault or the operators fault for not reading and understanding the owners manual before use and not following proper operating procedures?

 

[k0ua]

The car was parked, not moving.

If the car was parked, THAT points to the cause of the accident as being 100% the victims fault. Coffee is HOT, it is a given. Coffee will burn you. That is a given. One cannot know the temprature of the coffee they are served, and should ASSUME it could easily be at 212 degrees F. That would be the maximum temp of the coffee. It is NOT McDonalds fault if she opened the lid on the coffee and spilled the HOT beverage on her crotch. SHE should not have done that. It is unfortunate. McDonalds generous offer of $800 should not have been offered. That was a mistake on their part. If I had been on the jury, I would not have awarded the unfortunate lady a single dime.

I would not have awarded the unfortunate, uneducated operator of the John Deere tractor a dime either. However the idea of the dealership giving Seminars for new tractor owners is a win win excellent idea. Not because the dealership should be held liable for anything, but because the dealership will benefit from the publicity, and will benefit from having living instead of dead customers, and because the customers will benefit from gaining the knowledge that they desperately need.

 

[ovrszd]

Person may say they would never sue but theyæ±*e dead. Family and insurance company sues. Relatives you never knew you had find your obituary and sue.

No doubt that happens. I'm 99% sure my family wouldn't sue either if I roll my tractor due to operator error. We simply don't function like that. I only refrain from saying 100% because everything has a small margin of error. Except death.

 

[MossRoad]

No doubt that happens. I'm 99% sure my family wouldn't sue either if I roll my tractor due to operator error. We simply don't function like that. I only refrain from saying 100% because everything has a small margin of error. Except death.

Ahh, but if you roll your tractor and die, and your family finds out something was not installed from the factory that caused or contributed to the accident, I'd wager they'd sue.

 

[Diggin It]

everything has a small margin of error. Except death.

I disagree. The most unfortunate of all are stuck between here and there ... fully immobile/paralyzed or permanently comatose due to injury or illness.

 

[ovrszd]

Ahh, but if you roll your tractor and die, and your family finds out something was not installed from the factory that caused or contributed to the accident, I'd wager they'd sue.

Moss, it's not fair of you to twist my statement by omitting the critical part, "due to operator error".

In your scenario, they would be within their rights to do so.

I don't believe that's the case here. I'm with Paul on this one. I won't regurgitate his comments. He stated them very clearly.

 

[ovrszd]

I disagree. The most unfortunate of all are stuck between here and there ... fully immobile/paralyzed or permanently comatose due to injury or illness.

I wouldn't wish that on my worst enemy. But if it's caused by human error, or in this case operator error, it doesn't warrant a law suit.

 

[ovrszd]

Just wondering outloud…..

If the operator had just gotten a bruise on his knee, would the family of filed a lawsuit???

If the answer is no, then it should have never went to trial.

 

[MossRoad]

Moss, it's not fair of you to twist my statement by omitting the critical part, "due to operator error".

In your scenario, they would be within their rights to do so.

I don't believe that's the case here. I'm with Paul on this one. I won't regurgitate his comments. He stated them very clearly.

That's true. That's what you said.

I was referring to "operator error" in the sense that many in this thread are blaming the operator in the original story for rolling the tractor, even though it wasn't equipped properly from Deere when delivered.

 

[Steppenwolfe]

Eventually we will have labels on forks that say don't insert into wall outlets, pencils that say don't insert into your ear. C'mon if you put a hot beverage into your lap you run the risk of spilling it and burning yourself. Unfortunate yes, negligence? I don't see it.

Google insurance costs for a 6 ft ladder... You know how many morons fall off of a 6 ft ladder? And, then sue for it? When I was about 15 working on a dairy farm, the old farmer was heating up a bolt with a small propane blow torch. Guess who the dummy was that picked it up on the wrong end... burned the s@#t out of my fingers. I Never cried, and Never sued him... AND I never did that again.