GC parking brake popped out! Damage pics.

[Wacky]

I put a call into the dealer, spoke to the salesman and told him to see what the trade price would be. He is to speak to the owner and call back by 11:30. They close at noon, so it wouldn't happen today anyhow.

Update: Called me back wants $2500 plus doc fee. Called Massey rep to see if they will help out, he is going to call higher ups and let me know when we meet Monday at 3:00 to look over tractor.

 

[brin]

Wacky - I am not one for frivoulos law suits or law suits at all but you could have easily been killed because of that parking break malfunction. Had you walked downhill of your tractor and had your back turned you may not be here today. Don't think for a minute MF is not aware of their potential liability here. In my opinon you are not playing hard ball with these folks...you could easily file a lawsuit here ( I am not an attorney ) but it seems to me you could let them know that you feel obliged to see to it this does not kill someone else and may have to file a class action suit, They should be willing to fix or replace your tractor for free...no cost to you or your insurance company...

Years ago when there were three wheelers, now outlawed my son had one , he was about 14 yrs. old and it swerved and hit an Oak tree..injured his toe and he needed stitches ..it bent the foot rest and did some other damage and we took it back to the dealer ...I don't remember the brand now...but we told the dealer what happened and that it did not steer right and hit the tree...when we picked it up ..there was no charge at all and we had bought it used ..we had not even bought it from the dealer..I could tell they were worried..I am just sharing this with you to let you know...I think you have many more hole cards to play if you want to...Good Luck.

 

[rjmack]

hmnn... maybe they need to give you a new 2410 and forgive the debt on the old one?:thumbsup:

you sound like maybe you need a 20k bonus, having been nearly killed an all...

 

[Gator6x4]

Massey may have a problem with the parking pawl anything mechanical will malfunction. I had a John Deere TLB to carry me for a memorable ride. I was using the backhoe to dig out a stump on an incline. I pulled on the stump to check for looseness and the stabilizers or outriggers pulled out of the loose ground and the backhoe went down the hill rapidly. I was just along for the ride, through a PVC fence and across the yard I went. (By the way have you priced PVC fencing lately?) Any piece of equipment will hurt you quickly. This is why most people recommend children not be allowed near equipment when it is operational. One should never assume because they have set the parking brake on a piece of equipment on a hill or incline the equipment will not move.

 

[ray66v]

Wacky - They should be willing to fix or replace your tractor for free...no cost to you or your insurance company...

Legally, there is shared responsibility at best. This is because, Wacky failed to follow the proper safety procedures, which would have prevented the accident.

Just to get to the point where MF has any responsibility, would only be reached, after he proved that the parking brake was defective, (very expensive), and convinced the court of such.

Good luck "playing hard ball".

 

[Mike476]

Legally, there is shared responsibility at best. This is because, Wacky failed to follow the proper safety procedures, which would have prevented the accident.

I agree. Very fortunate no one was hurt, it would still be considered an accident that might have been avoided had all precautions been taken.

 

[Wacky]

Legally, there is shared responsibility at best. This is because, Wacky failed to follow the proper safety procedures, which would have prevented the accident.

I agree. Very fortunate no one was hurt, it would still be considered an accident that might have been avoided had all precautions been taken.

I have looked at it from both sides, I believe that if you label something as a "Parking Brake" it should be just that. I know farmers around here and not one carries blocks to park their tractors on hills, and yes they do park on hills. Are they taking a risk? Perhaps. Be that as it may, the Parking Brake should NOT be able to be set 'partially', making the risk of what happened.. greatly increased. That is just my opinion. What is done is done, and I am trying to get everything back the way it was before the wreck which seems to be unattainable at this point, unfortunately.
I consider myself to be a "safe" operator. I check the machine before I use it to make sure something does not fail due to lack of inspection. But, I guess that is not enough proof that things can go wrong. Things break, but this is just not made right. Every "accident" is preventable hence the word.

 

[Don87]

You said a mouthful there.

if you label something as a "Parking Brake" it should be just that

Although the manual does say to use chocks on a hill, nowhere does it say 'because of a design flaw in the parking brake system, wheel chocks must be used'.

Parking Brake should NOT be able to be set 'partially'

The design flaw I spoke of earlier.

I check the machine before I use it to make sure something does not fail due to lack of inspection. But, I guess that is not enough proof that things can go wrong

This statement is incorrect. Proof was offered in the pictures of the 'partially' set parking brake.

Things break, but this is just not made right

That is the key, backed up by photographic evidence. Design flaw.

Every "accident" is preventable hence the word.

When Agco addresses the design flaw, this type of 'accident' can be avoided.

Wacky, the only reason my tractor doesn't look like yours, is because my parking brake disengaged while I was sideways to the hill. I live on a hill, and have a heavily traveled roadway in front of my house.....Things could have gotten real ugly real quick, due to this design flaw.

 

[Wacky]

It ALL comes down to Massey failing to perform extensive testing on the "parking brake system" in general. I am meeting with them all Monday, we will see where I go from there.
I believe that there is another issue of the dealer not following thru on their part, and trying to deliver me a "half-repaired machine".

 

[Don87]

I decided to take a couple photos of the parking brake latch mechanism both partially and fully engaged. I also took pics of the parking break lever in the partially and fully engaged positions. The latch photos were taken through the cutout in the left side floorboard and demonstrate a couple things. First to show is it quite easy to take a quick look at the latch when getting off the tractor. This allows a visual confirmation of proper brake engagement. Second to demonstrate the position of the handle is not a good indicator of engagement.

The first and third attachments are the brake partially engaged. In this position the brake is prone to slip off the rounded edge of the tooth and disengage. The second and fourth attached pics are the brake fully engaged. In this position there is no chance of the brake disengaging as the geometry of the teeth require the brake pedal be further depressed to release the latch.

I am in the habit of visually checking the brake engagement as I get off the tractor. It does not take any extra time to look through the cutout and then you have piece of mind is brake is not going to release unintentionally.

As I stated earlier in the thread, I was also able to duplicate the 'partially set brake'.(design flaw). Hence I also go the visual route, when leaving the tractor.