Truly a sad story indeed. And not to make light of the situation, but guessing some operator error was in play? Mowing when too wet? or mowing on too steep of a grade right next to a pond?
It doesnt matter how many safety features are put on a machine, or how idiot proof it is, there will always be someone get hurt or killed.
Not sure about the laws of ROPS on zeroturns, but I am pretty sure a company like Bob-cat is in compliance with the law. That, with all the other safety features and several pages in the manual about safety, I think a lawsuit chances are nil.
I have been around equipment most of my life, and been around TBN for quite awhile now. When regarding safety features and such, it seems about everyone can be lumped into 2 groups.
Group 1: Those that feel that there are far too many safety devices already on machines, BUT, understand their purposes, and if they impede our operation of the machines, have the knowledge to modify them the way we see fit (if needed at all), and understand any and all consequences of our actions.
Group 2: Those who feel nothing should ever be done to any safety devices, feel there arent enough safety features, and feel the need to blame everyone else if something goes wrong, cause they feel no matter what they do or where they go with their machine, it shouldnt be capable of hurting them, because they dont have the common sense to know any better. Therefore we enlist the govt to try to idiot-proof everything in life.
One of my favorite sayings is "If we would remove all the safety devices and warning labels off everything, stupidity would cure itself".
OSHA is there to protect employees from being forced to do unsafe things by their employer, or to operate unsafe equipment. When it comes to private individuals like myself, OSHA has no jurisdiction. I can do what I want including removing the safety features which manufactures are forced to install, cause they dont know weather a I, or an employer is going to buy the machine. Same goes for a "shop" modifying the rops for a private individuals tractor. Even if that "shop" were in the USA, OSHA has no jurisdiction.