This reply is to Dread’s Jan 14th comment. I agree with you Dread, except for one thing:
‘Gee Honey, sorry about the leg, but now you have some money’ might have been better written:
‘Gee Honey, sorry about the leg, but now WE and our lawyer have some money’.
Terrible accident; my heart goes out to the little girl. As for the father, I pity him in his grief, and in his misguided mission for dollars that will never heal the deepest pain.
On the other hand; the attorney driving this case–that’s where an awful accident becomes a despicable shakedown. This lawsuit isn’t (in part) about making the manufacturer change the design so OTHER people don’t get hurt. Don’t give me that altruistic drivel! PI lawyers have such a hard time telling as it really is: First and foremost it’s their own payday.
No winners in this one, not the girl, her parents or our culture……none, except of course the plaintiff attorney if they prevail.
I think you are a bit ridiculous….why bring emotion into this? I feel badly for the little girl, but hell, at the same time, we are reading articles that artificial legs are so advanced in technology parapalegics can’t even participate in the Olympics! I have arthritis, so uh, quite honestly, given the opportunity, the cheetah legs sound like a better deal than the bum legs I have!
Also, you are correct, we are insurance people and we are hear to help people in these situations…but this guy is going above and beyond that. For his own, for lack of a better word, stupidity, he wants someone else to take the blame and at the same time make himself and the family a couple extra million….i’d like to think that you would have a problem with that…but then again, why be logical when you can be emotional…
KOB and lastbat are right; what was the kid even doing outside while dad was mowing? I was never allowed out when Pop was mowing and even when I was little I knew it was to keep me safe. Kids and mowers don’t mix, and this dad was an idiot, no matter how much he regrets it now.
As an owner of a model with this feature I can state:
– The feature’s intention is to speed up the process of mowing the lawn
– The switch can only be set after you have stopped your mower, dis-enganged the blades, selected the switch, re-engaged the blades and then wait 3-5 seconds before the mower will allow you ot reverse your direction
– The owner manual states you should look behind you while mowing in reverse to avoid these circumstances
– The manual also spends about 1/2 a page on why you should NEVER allow children to play on or around the mower, nor should they be in the area when you are mowing
– The mower deck comes with a warning to not place anything under the mower while the engine is running
While it is a tragedy Deere’s responsibility in this is minimal. I have two young boys who always try and approach me when I am mowing, it is very easy for me to turn the blades and mower off when they are around, this guy chose not to and his daughter paid the price.
As an FYI – Oregon is a Modified Comp (51%) state so I expect at some point they’ll need to sue Dad to get Deere’s %, but his coverage most likely won’t kick in as she would be an insured under his homeowner’s policy. So unless there is joint and several liability the most they could expect to get would be $500 – 800K (10-15%).
It’s the dad’s fault 100%. You can’t design away all of the stupid ways people can hurt themselves and others. I never allow anyone in my yard when I am on the garden tractor mowing. If someone comes out or comes on the property I shut down. Common sense is so uncommon these days. Why should Deere pay for this man’s stupidity?
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This reply is to Dread’s Jan 14th comment. I agree with you Dread, except for one thing:
‘Gee Honey, sorry about the leg, but now you have some money’ might have been better written:
‘Gee Honey, sorry about the leg, but now WE and our lawyer have some money’.
Terrible accident; my heart goes out to the little girl. As for the father, I pity him in his grief, and in his misguided mission for dollars that will never heal the deepest pain.
On the other hand; the attorney driving this case–that’s where an awful accident becomes a despicable shakedown. This lawsuit isn’t (in part) about making the manufacturer change the design so OTHER people don’t get hurt. Don’t give me that altruistic drivel! PI lawyers have such a hard time telling as it really is: First and foremost it’s their own payday.
No winners in this one, not the girl, her parents or our culture……none, except of course the plaintiff attorney if they prevail.
I think you are a bit ridiculous….why bring emotion into this? I feel badly for the little girl, but hell, at the same time, we are reading articles that artificial legs are so advanced in technology parapalegics can’t even participate in the Olympics! I have arthritis, so uh, quite honestly, given the opportunity, the cheetah legs sound like a better deal than the bum legs I have!
Also, you are correct, we are insurance people and we are hear to help people in these situations…but this guy is going above and beyond that. For his own, for lack of a better word, stupidity, he wants someone else to take the blame and at the same time make himself and the family a couple extra million….i’d like to think that you would have a problem with that…but then again, why be logical when you can be emotional…
KOB and lastbat are right; what was the kid even doing outside while dad was mowing? I was never allowed out when Pop was mowing and even when I was little I knew it was to keep me safe. Kids and mowers don’t mix, and this dad was an idiot, no matter how much he regrets it now.
As an owner of a model with this feature I can state:
– The feature’s intention is to speed up the process of mowing the lawn
– The switch can only be set after you have stopped your mower, dis-enganged the blades, selected the switch, re-engaged the blades and then wait 3-5 seconds before the mower will allow you ot reverse your direction
– The owner manual states you should look behind you while mowing in reverse to avoid these circumstances
– The manual also spends about 1/2 a page on why you should NEVER allow children to play on or around the mower, nor should they be in the area when you are mowing
– The mower deck comes with a warning to not place anything under the mower while the engine is running
While it is a tragedy Deere’s responsibility in this is minimal. I have two young boys who always try and approach me when I am mowing, it is very easy for me to turn the blades and mower off when they are around, this guy chose not to and his daughter paid the price.
As an FYI – Oregon is a Modified Comp (51%) state so I expect at some point they’ll need to sue Dad to get Deere’s %, but his coverage most likely won’t kick in as she would be an insured under his homeowner’s policy. So unless there is joint and several liability the most they could expect to get would be $500 – 800K (10-15%).
It’s the dad’s fault 100%. You can’t design away all of the stupid ways people can hurt themselves and others. I never allow anyone in my yard when I am on the garden tractor mowing. If someone comes out or comes on the property I shut down. Common sense is so uncommon these days. Why should Deere pay for this man’s stupidity?