On September 4th, 2019
, John Deere issued a recall
for nearly 20,000 Gator utility vehicles due to an internal hazard
. The vehicles are identified by various characteristics; they have the model number “XUV835
” printed directly on the hood, while the terms “John Deere
” and “Gator
” are on the cargo box. All vehicles are the standard colors of John Deere: green and yellow, olive drab, or camouflage
. The vehicles can seat up to three people.
The serial number can be located above the passenger front tire. The range of serial numbers is as follows:
- 1M0835ExxxM010001 – 1M0835ExxxM020413
- 1M0835MxxxM010001 – 1M0835MxxxM022741
- 1M0835RxxxM010001 – 1M0835RxxxM023115
The Gator vehicles were manufactured in the United States
and sold at John Deere dealerships from November 2017 to July 2019. They cost roughly between $13,000 and $23,000.
The hazard is related to the throttle and the protective plastic sheath surrounding it. The routing was improperly made, so the throttle can stick, causing a constant influx of gas to flow,
leading to a melted sheath and inability to stop the vehicle. A stuck throttle equals constant acceleration.
There have been 9 reports of the throttle sticking and accidents occurring
. Thankfully, no injuries were reported from the incidents.
For a remedy, John Deere is contacting consumers directly to recommend an inspection and repair. The service will be free of charge. All users are urged to refrain from using the vehicles.
What kind of accidents and injuries can happen in defective Gator utility tractors?
John Deere Gator utility tractors are primarily used to transport materials and equipment
. They can also tow other equipment and storage units or containers. Essentially, they allow you to bring things from one area to another if you cannot easily do so or if you need to traverse a long distance. They can tow a few thousand pounds, and some of the more updated models have additional amenities.
The accidents that can happen with the stuck throttle on Gator utility vehicles can potentially be dangerous and severe. Although the vehicles are smaller than cars, they can still roll over or tip over at high speeds, and if there is a large load behind the vehicle, the injuries you could suffer could be devastating.
An accident could happen in the following ways:
From these incidents, any number of injuries could occur. You could be hurt in these manners:
- Speeding can cause the vehicle to lose control and tip over
- The vehicle can hit a ditch, hole, or trench due to not being able to stop and fall over
- The load could detach from too much speed
- The vehicle could crash into another piece of farm equipment, tractor, vehicle, or structure due to not being able to stop
- Broken bones
- Strained muscles
- Torn muscles
- Nerve damage
- Abrasions and lacerations
- Traumatic brain injuries
- Crushing injuries
- Puncture wounds
- Neck and back injuries
- Spinal cord damage
- Herniated or bulging discs
- Hip and ankle damage
- Closed head injuries
- Internal organ damage
- Internal bleeding
- Severed limbs and digits
Learn more about your options for compensation by calling (855) 339-8879.
If you suffered any of the aforementioned accidents and damages
, you should pursue appropriate legal action. John Deere can be held responsible if the Gator utility vehicle malfunctioned and caused an accident
How can I sue John Deere for injuries from a defective Gator utility vehicle accident?
To sue John Deere for a defective Gator utility vehicle accident, you must be able to prove that there was some kind of issue with the vehicle. Product liability cases require that one of these points be shown as true:
- There was a design flaw with the product that was not caught prior to manufacturing
- There was a manufacturing error in the plant or with one of the machines that created the parts for the vehicle
- There were no hazard signs or warning symbols present on the vehicle or anywhere else
Complete a Free Case Evaluation form or call (855) 339-8879 today.
With John Deere Gator utility vehicles, the stuck throttle and melted plastic sheath was likely a design flaw. There should have been more attention paid to the quality of the parts and what can happen when the throttle is deployed. Because of this, thousands of units were recalled. If it were a manufacturing defect that caused the throttle problem, there likely would have been fewer products recalled
Here is a procedure to follow if you wish to file a product liability claim against John Deere:
- Go to the hospital at once to get treatment so your injuries do not worsen and the insurance agency can’t claim that you were injured elsewhere and waited too long to go to the doctor
- Hold on to the medical receipts and treatment notes
- Do not tamper with the product by trying to repair it or fix it, as the company will claim that there is no way to differentiate between the damages you caused and the defect
- Do not return the item to the dealership or accept a refund, as you will lose your key evidence or the ability to collect compensation
- Get eyewitness testimony if it’s available from bystanders or other passengers, or even from those who also experienced the issues with the vehicle
- Take pictures of the scene of the accident, the vehicle, the possible defects, your injuries, and anything else relevant to the incident
Upon gathering all this evidence together, you should reach out to a lawyer who can handle product liability lawsuits
. We will be able to bring you the compensation you need and we won’t rest until we are satisfied. Insurance agents are notorious for ignoring claims and making low offers, and we will fight back against them in your name.
What is the statute of limitations on product liability lawsuits?
The deadline to file a product liability lawsuit
in California is 2 years from the date of the injury. All personal injury lawsuits
abide by this deadline. If you do not sue within this time frame, you will be barred from doing so in the future and you will be prevented from getting any compensation at all. It is very important that you pay careful attention to the statute of limitations.
The statute is in place so that evidence will still be preserved when the time comes, and so that plaintiffs do not simply wait until a defendant cannot feasibly pay. It is fair for all parties if there is a time limit on cases. However, this time limit can be extended in some scenarios. For example, the statute can be extended if a minor were injured (it would begin at 18 years old) or if someone were left mentally or physically incapacitated (it would begin upon the return to health).
You can speak with an expert product liability attorney to learn more about the statute of limitations and how much time is left on your claim. We can ensure that your case is filed on deadline and that you miss no important dates.
What can I win from a product liability lawsuit against John Deere?
The value of a product liability case is largely determined
by the type of injuries you received, te impact those injuries had on your life and career, your level of negligence or responsible and the accident, and more. The insurance agent responsible for the claim will weigh these factors and make an offer. In all likelihood, the offer will be rather small, and we will aim to negotiate a better deal for you. Our lawyers will strive t win you the following damages:
- Medical expenses (hospitalization, surgery, medication, physical therapy, future treatments, and more)
- Property damage (to replace the tractor, pay for damaged structures or fields, and to replace lost or broken belongings)
- Lost income (for the past and future when you could not work due to injury, medical treatments, or recovery time)
- Pain and suffering damages (emotional distress, PTSD, anxiety, fear, and psychological trauma)
We will ensure that you are given the maximum settlement available for your case.
How We Help You
Our law firm, the Downtown LA Law Group
, has a history of successful product liability cases
. We have filed various claims against John Deere throughout the years, so we know the best methods to win your lawsuit. Our aggressive lawyers will work around the clock to secure you the restitution you deserve.
Call (855) 339-8879
today for a free legal consultation to discuss your claim. You can ask us whatever questions you wish and we will tell you how much we think your case is worth. Further, by hiring us, you will get our zero fee guarantee, which states that you won’t pay any money out of pocket for our services. We will cover the costs of the case and will get paid if we win. If we lose, we get nothing at all.
the DTLA Law Group
to sue John Deere because of an accident from a defective Gator utility vehicle