Man brings suit against equipment maker for operator presence switch malfunction

[PhysAssist]

That's the problem people suing companies for their stupidity.

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First of, trying to think clearly while surrounded by a swarm of angry biting and stinging yellowjackets is probably just a little more difficult, secondly, traveling at mowing speeds (he may have even had the cruise control set if it was a big flat open area) letting go of the wheel lets the tractor follow the path of least resistanc, which may have been over him.

Thomas

 

[grnspot110]

Just a thought, did the individual file the suit, or his insurance company? ~~ grnspot

 

[Scooby074]

"I jumped off and the mower ran me over because it didn't shut down."

((he says as he quietly pulls the jumper and rehooks his safety switch back up.))

yup

wish i was on that jury

 

[Don87]

I disconnected my seat switch because, like Soundguy........every bump in the yard had the tractor sputtering. But if it runs over me...........It'll be my fault.

 

[crazyal]

I disconnected my switch. I couldn't mow the yard if I didn't. But I have MTD's fake HST so it'll stop by just taking your foot off the pedal. I wonder if getting hit by the tractor took his mind off of being stinged by the bees?

 

[jerrybob]

I disconnected my switch. I couldn't mow the yard if I didn't. But I have MTD's fake HST so it'll stop by just taking your foot off the pedal. I wonder if getting hit by the tractor took his mind off of being stinged by the bees?

He should sue the bees as well........

 

[PRF]

Severed his knee cap clean off ?!? Ouch !!

 

[Don87]

I disconnected my switch. I couldn't mow the yard if I didn't. But I have MTD's fake HST so it'll stop by just taking your foot off the pedal. I wonder if getting hit by the tractor took his mind off of being stinged by the bees?

I don't have a 'fake HST', but my pedals do stick at times. Although my tractor will slow way down, it still moves in the last direction of travel(gotta remember to diagnose and fix this annoying problem this summer).

 

[MHarryE]

Just a thought, did the individual file the suit, or his insurance company? ~~ grnspot

Individuals usually sue supported by their insurance company, depending on the state. Have gone through this in the past. One example, a armrest who left the raking brake engaged on his combine. Chaff had gathered around the brake and was lit off when the brake got really hot. The fire burned through the charge pressure supply line allowing hot oil to spray on the fire. Since a combine separates grain from chaff using air, there was a huge supply of air turning it into a forge. I've never seen anything like it. All aluminum parts like the alternator housing, turbo compressor housing - aniseed. Rear axle where the worst of the heat discharged - turned from a tube to a piece of flat iron following the contours of the ground. Farmer sued, but told me he didn't want to because it was his fault for leaving the brake on, but his insurance company insisted. I have to admit it was a legitimate suit because we had not taken into consideration the effects of this happening so we re-routed the hoses and increased their heat capability so although there were future brake fires, this complete meltdown never happened again.

This is hard to believe because operator presence devices are usually designed to be fail safe, aggravatingly so. First thing I do on an accident investigation is check all safety devices for function and tampering. Guy rolls, heirs sue, I investigate. Missing or non-functioning safety devices, or seat belts not used, game over. They can sue all they want. Many cases we get paid our legal fees due to frivolous suits, sometimes triple our costs.

 

[Soundguy]

i think i'd rather have a few stings than parts chopped off.. but that's just me. ;(