slowzuki
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anyone remember the mdbarb post re his neighbour?
Fact or fiction - AG tractor related lawsuits
- Thread starter slowrev
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cowboydoc
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I do not want to really be involved in this but I personally know of a 100 or more lawsuits that I have seen over my 40 years.
Most recent one was a neighbor down the road. Tragically two years ago they bought an old used swather from the New Holland dealer. He was cleaning out the head, while it was running, and his six year old was riding in the cab. I have no problem with his kid riding with him but he should have shut it off. His son was messing around and about the same time the clog came out his son hit the hydro pedal and ran over him running him into the head. He died three days later.
The family sued New Holland and the dealer because there were no warning signs that the six year old shouldn't have been riding with him and because the warning signs on the head had worn off about turning the machine off. He was provided with a manual on the swather that did detail how to unclog the head. It did say to never work on the swather while running and to safely secure the swather.
One of the sons was in town last week bragging that they settled their lawsuit for $2,000,000. I can't say if that was the amount or not as it was a closed settlement. He was driving a brand new $50,000 truck so they must have gotten alot.
Another guy I know rolled his tractor and is paralyzed from the waist down. He sued JD and won $1.2 million. I see him occassionally in my office for lateral epicondylitis in his elbows. He is in the wheelchair olympics and play wheelchair basketball.
I know another guy back home that was trying to get the conveyor unstuck on a potato harvester. It was running. He kicked the conveyor, slipped and got his legs up to his waist caught before they could turn it off. He got an undisclosed amount from the harvester seller and mfg. It must have been alot as he bought a nice 200 acre piece, built a new house, and has driven new vehicles ever since.
Another family I know the father tragically ran off over his own son with the skidsteer. They sued because of the limited visibility in a skid steer and this one was older and didn't have the back-up beeper. They won, sold their farm, and moved to Colorado and built a million dollar home by Aspen.
I could go on with other stupid things farmers have done and won lawsuits for. It does happen, it is real, and I have yet to see one lawsuit against a mfg. that wasn't because of neglect from the owner.
Most recent one was a neighbor down the road. Tragically two years ago they bought an old used swather from the New Holland dealer. He was cleaning out the head, while it was running, and his six year old was riding in the cab. I have no problem with his kid riding with him but he should have shut it off. His son was messing around and about the same time the clog came out his son hit the hydro pedal and ran over him running him into the head. He died three days later.
The family sued New Holland and the dealer because there were no warning signs that the six year old shouldn't have been riding with him and because the warning signs on the head had worn off about turning the machine off. He was provided with a manual on the swather that did detail how to unclog the head. It did say to never work on the swather while running and to safely secure the swather.
One of the sons was in town last week bragging that they settled their lawsuit for $2,000,000. I can't say if that was the amount or not as it was a closed settlement. He was driving a brand new $50,000 truck so they must have gotten alot.
Another guy I know rolled his tractor and is paralyzed from the waist down. He sued JD and won $1.2 million. I see him occassionally in my office for lateral epicondylitis in his elbows. He is in the wheelchair olympics and play wheelchair basketball.
I know another guy back home that was trying to get the conveyor unstuck on a potato harvester. It was running. He kicked the conveyor, slipped and got his legs up to his waist caught before they could turn it off. He got an undisclosed amount from the harvester seller and mfg. It must have been alot as he bought a nice 200 acre piece, built a new house, and has driven new vehicles ever since.
Another family I know the father tragically ran off over his own son with the skidsteer. They sued because of the limited visibility in a skid steer and this one was older and didn't have the back-up beeper. They won, sold their farm, and moved to Colorado and built a million dollar home by Aspen.
I could go on with other stupid things farmers have done and won lawsuits for. It does happen, it is real, and I have yet to see one lawsuit against a mfg. that wasn't because of neglect from the owner.
Soundguy
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</font><font color="blue" class="small">( What it really boils down to is that in society today people will not accept responsibility for their own stupid actions)</font>
I agree big time. There is very little sense of personal responsibility in this country. And it's getting worse all the time. People take action without regard to consequence.. then when the onus is on them.. they look to someone else to blame / bail them out.
Reminds me of the related topic of product/consumer safety laws. It's my opinion that by and far.. most of these laws have come from people 'stupiding' themselves to death.. and then their estate sues the manufacturer.
Ever see that label on your lawn mower that says not to put your hand under the deck while it is running.. or not to pick the deck up with your hands while it is running? I get a mental picture of a real stupid person with no hands and a wad of cash in his wallet.
Don't get me wrong.. I'm all for laws to protect the consumer from unscrupouless manufacturers.. but the obvious stuff.. well.. it should be obvious. It doesn't take anything past a grade school education to know that you aren't sopposed to use a toaster or a hair dryer in the tub.. etc.
I hate to be cynical about this.. but we are really standing in the way of selective evoloution ( survival of the fittest ) when we go out of our way to keep the severly stupid people alive.. /forums/images/graemlins/grin.gif
Soundguy
I agree big time. There is very little sense of personal responsibility in this country. And it's getting worse all the time. People take action without regard to consequence.. then when the onus is on them.. they look to someone else to blame / bail them out.
Reminds me of the related topic of product/consumer safety laws. It's my opinion that by and far.. most of these laws have come from people 'stupiding' themselves to death.. and then their estate sues the manufacturer.
Ever see that label on your lawn mower that says not to put your hand under the deck while it is running.. or not to pick the deck up with your hands while it is running? I get a mental picture of a real stupid person with no hands and a wad of cash in his wallet.
Don't get me wrong.. I'm all for laws to protect the consumer from unscrupouless manufacturers.. but the obvious stuff.. well.. it should be obvious. It doesn't take anything past a grade school education to know that you aren't sopposed to use a toaster or a hair dryer in the tub.. etc.
I hate to be cynical about this.. but we are really standing in the way of selective evoloution ( survival of the fittest ) when we go out of our way to keep the severly stupid people alive.. /forums/images/graemlins/grin.gif
Soundguy
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