Post Hole Digger lawsuit ends poorly for farmer

[woodlandfarms]

Gerald Lymon Awarded $4 Million After Farming Equipment Rips His Genital Skin Off

 

[lilranch2001]

OUCH!

 

[CurlyDave]

The lawsuit ended poorly for both sides.

 

[creekbend]

I wouldn't have wanted to go through that.

 

[tomfifield]

Oh nuts!

 

[Mace Canute]

Long gone are the days when an employer can assign an employee a task to do without ensuring that the employee actually knows how to do it safely...and can prove it afterwards if/when the SHTF. It's part of due diligence. I don't know how many times I've seen someone answer in the affirmative when asked if they know how to do something but promptly demonstrate they have no clue. I believe it's part of human nature to not want to be seen as being ignorant of something and to be seen as knowledgeable.

 

[npalen]

I'd take four million for just a really small patch.

 

[murphy1244]

Heck of a way to make a living.

 

[Rustyiron]

Doesn't Planters sell skinless nuts ?

 

[7879fordman]

I local guy lost his whole arm from one . He was by his self and its amazing he lived .

Sent from my iPhone 5 using TractorByNet

 

[kenmac]

You can't make everything dummy proof. Where was the person on the tractor that could have stopped the PHD?? I survived the years that had little to no safety devices. Sometimes we just have to use the old brain. When I cut myself with a knife I didn't sue the knife maker , when I've mashed my finger with a hammer I didn't sue the hammer maker. Some day we won't be able to buy anything because all these manufactures will go out of business for fear of being sued . We'll have to perform work like they did in the stone ages

 

[Industrial Toys]

I'm sure if someone had their way, there would be a mandatory plastic shield around the auger!

And the destruction of western civilization by the lawyers continues! Why four million? Is it because the lawyer get's two?

 

[300UGUY]

You can't make everything dummy proof. Where was the person on the tractor that could have stopped the PHD?? I survived the years that had little to no safety devices. Sometimes we just have to use the old brain. When I cut myself with a knife I didn't sue the knife maker , when I've mashed my finger with a hammer I didn't sue the hammer maker. Some day we won't be able to buy anything because all these manufactures will go out of business for fear of being sued . We'll have to perform work like they did in the stone ages

I have used my 3 pt phd for 20 years. I don't think you can stop one fast enough to prevent injury. I am surprised he didn't get killed. A lot of guys get killed this way, usually putting in fences. I think the last I heard of was a woman, her husband was on the tractor.

 

[kenmac]

You probably can't prevent injury, but knowing to kill the motor or push in the clutch would lessen the damage. I guess next time he will grab his hand type post hole diggers and sue when his hands get blisters. 1 has to understand there are dangers associated with using equipment. If you safety a piece of equipment where you can't get injured, it won't be worth using or the safety device will be removed and the manufacture will still be sued . It's a no win for the manufacture. Like I said in my previous post. 1 day we'll have to return to the stone age equipment because all the manufactures will be sued out of business. I injured my hand today when my Makita drill slipped off the screw and jammed into my hand causing my hand to be cut.. It sure is real sore as I type this...They should have a safety device built onto drill to prevent this..... Who do I sue ?? Makita, the screw maker, or the company that made the adapter to go in the drill chuck that allows you to drive the screw into wood,steel,etc, or to be on the safe side I'll just sue them all !!

 

[TomSeller]

Now every pair of his pants are ballroom trousers.

 

[Gary Fowler]

I am sure there is an appeal in the process just like the McDonalds case which I believe was the same amount 4Mil but was settled finally for much much less. Jurors have little sense when it comes to setting damages. As such a death would cost much less to settle than loosing a bit of skin as the pain and suffering kicks in.
Today due to threat of lawsuits, Everyone who hires some one to do a job has to train that person proficiently and warn them of all dangers that someone who intentionally might try to do to get injured and then video the training, have them sign a document verifying the training, notarize it, file if with a lawyer for review, send it before a supreme court judge to make sure it is all perfect and then still be out hundreds of thousands of dollars defending oneself in a frivolous law suit that in all likelihood will be found in favor of the injured party anyway.

 

[lostcause]

take this type of incident, then factor in excessive government oversight and regulation, and there should be no wondering why we have lost any sort of labor oriented industry to overseas. stop blaming foreign countries and instead realize that we're the root of our own problems.

 

[woodlandfarms]

Excessive government oversight or higher value on human life?

 

[woodlandfarms]

PHD with 12" bit is pulling max 72" per second of material. 120 rpm and 12" x pi for outer circumference. Let's say the material is caught in the middle and there is slippage so only 16" of material is owing consumed per second... Three seconds to realize something bad is happening and hit the kill switch. Lots of material wrapped up in that PhDs for sure...

 

[woodlandfarms]

Dig into the mcdonalds case. It's really fascinating. The amount was super high because the jury felt mcdonalds was being a bully. The mcd attorney was arrogant and mcds was at fault.

I have no idea about the defendant in this case but I put it up for two reasons. One .... Ouch... Ouch.... The second is that as a small farmer or business owner you are obligated to safety train your crew just like the big boys..... Inconvenient for sure. But necessary to avoid this outcome.