On October 31st, 2019
, John Deere issued a recall for its 4044R, 4052R, and 4066R compact utility tractors
. The units were recalled because of a structural defect
– the support bolts that hold the cab up were not properly torqued when they were installed
. As a result, the cab could collapse if the tractor rolls over
, leading to crushing injuries and death.
Roughly 5,700 of the units were recalled. The tractors are the typical John Deere green and yellow colors with the name of the company on the hood
. The model number, any of the aforementioned numbers, is also listed. The tractors have their serial numbers imprinted on the right side of the frame above the front axle for the tires. The serial numbers are as follows:
- 4044R models have serial number ranges 1LV400284 through 1LV401619
- 4052R models have serial number ranges 1LV400381 through 1LV403424
- 4066R models have serial number ranges 1LV401588 through 1LV407220
The tractors were manufactured in the United States at Deere & Company in Illinois. They were distributed by John Deere dealerships nationwide for about 3 years, from October 2016 through September 2019. The tractors cost between $40,000 and $50,000.
Although there have been no injuries or accidents reported
, John Deere still recommends that users refrain from riding the tractors. They can contact the company to schedule a free repair, but John Deere is itself contacting those who purchased the tractors.
Injuries from a Defective Tractor
A defective tractor can be a problem for many reasons
. If bolts are not properly latched or screwed in, then the structural integrity of the tractor will be compromised in the event of a crash. Tractors are already fairly dangerous because they have no doors or enclosed spaces, and a rollover can cause the rider to be trapped inside or between the tractor and the ground, or another object.
If a cab collapses on a tractor, the individual inside can sufer crushing injuries. The top of the cab is very heavy, an combined weight of the tractor pressing down, paired with gravity, can easily cause the driver to suffer a broken neck. Further, if the tractor is travelling fast, the glass could break and the driver could be partially ejected from the cab when it collapses, leading to impalement injuries and other damages.
A list of injuries that can potentially occur due to a defective tractor cab include the following:
- Broken bones
- Traumatic brain injuries
- Closed head injuries
- Spinal cord and neck injuries
- Internal organ damages
- Severed limbs and digits
Learn more about your options for compensation by calling (888) 649-7166.
These injuries may be permanent and long-lasting. It is entirely possible that you could need weeks of physical therapy and that you will not return to the same state of physical health that you were in prior to the accident. If you were severely injured in such a manner due to the defect present in the John Deere tractor
, you should sue the company for compensation.
Procedure to File a Product Liability Lawsuit against John Deere
To sue John Deere for injuries suffered because of a defective tractor, you must be able to prove that there was liability and negligence in the first place
. Product liability lawsuits
require you to show that there was an error at some point of the development and release of the unit. You can either show that there was a design flaw with the item that meant there were problems from the beginning that were not addressed, or the item did not meet certain standards and requirements from the industry; that there was a manufacturing error present that meant some of the units were defectively made by machines or by hand
; or that there were no warning symbols or hazard signs present on the unit or on the packaging of the unit.
In the case of John Deere tractors, there was a manufacturing error with the bolts that caused them to be loose when they were placed into the chassis.
It is important that you follow these steps to file your product liability lawsuit:
Firstly, you should go to the doctor to get medical treatment so as to not aggravate or worsen your injuries
. If you wait too long, you may suffer even more, which is not beneficial. Additionally, if you do not go to the doctor quickly after the incident, it is possible that the insurance agent from John Deere can doubt your claim and state that you were hurt in another incident. You will only do your lawsuit a disservice if you lengthen the time between the incident and the treatment.
You can make sure to keep copies of the medical receipt, doctor’s notes
, and other documents from the hospital.
It is important that you take photos of your injuries, the scene of the incident
, the issue with the tractor, and more. Clear proof of the incident is extremely beneficial. It is unlikely that you will have video footage, but if it is available, you should add it to your claim.
There may not have been any other individuals who were present to see the incident unfold, but if there were, you should gather their statements and testimonies. You can also take additional statements from those who suffered similar incidents or had tractors that malfunctioned in the same way.
It is important that you do not tamper with the item, try to fix it
, take it to any shop to be repaired, or mess with it in any way. If you do tamper with the tractor, the company can debate the initial cause of the incident and claim there is no way to know what problem happened first or what effect your tampering had initially.
You should also not return the item for a refund
. If you do, you will lose the biggest and most important piece of evidence for your lawsuit.
Be sure that you hold on to the receipt from the purchase of the tractor, or bank statements showing monthly payments.
Once you have gotten as much evidence as you can, you should contact a product liability lawyer to handle your claim. One of our attorneys will take your evidence and organize it so that we can write the demand letter for the company’s insurance agency. We will hire expert witnesses and conduct studies to see who else has been harmed by the tractors. We will go to all lengths to ensure that your case is a success.
Product Liability Lawsuit Statute Of Limitations
The statute of limitations to file a product liability lawsuit is 2 years
from the date of the injury. If you do not sue within that time frame, you will be unable to do so in the future. It is important that you take legal action quickly – the longer you wait the more likely it is that your evidence will get lost or become corrupted. All memories will be fresher, as well.
There are a few ways that the statue of limitations can be extended beyond the 2-year deadline, though. This is most common when a victim is under 18 years old or has been left mentally or physically incapacitated. The statute will be suspended until he turns legal age or returns to health.
If you do not know how much time you have left on your case, you can contact us for more help. We will tell you the time remaining and see to it that your lawsuit is filed and documented on time.
Learn more about your legal options: call (888) 649-7166 to speak with a representative now.
Restitution From A Product Liability Lawsuit
The goal of our firm is to bring you the maximum compensation available for your case. We will work around the clock to bring you damages for the following:
- Medical expenses from the past and future to cover surgery, hospitalization, physical therapy, medication, and more
- Property damage to replace or repair the tractor and other items or estate that was damaged or harmed
- Pain and suffering damages to cover mental anguish, PTSD, anxiety, fear, psychological and emotional trauma, and more
- Lost income if you were unable to go to work because of your injuries, as well as future missed wages if additional medical procedures or recovery time prevented you from working
If you are in need of a skilled product liability attorney
, feel free to call the Downtown LA Law Group
at (888) 649-7166
for more help.
How We Help
The Downtown LA Law Group
is one of the premier law firms in the City of Los Angeles. We know the best methods to win your case, and our expert attorneys have been handling defective product aims for years. We promise to aggressively pursue your rightful damages no matter what.
If you need a free legal consultation to discuss your case or learn more about the legal process, call our offices today. We will gladly talk with you and answer all of your questions. If you want to learn more about our zero fee guarantee
, you can contact us as well. If you hire us we’ll ensure that you pay nothing out of pocket for our services. We will get paid as a portion of the settlement form the company, and if we lose, we do not get anything at all. You won’t owe us a dime whether we win or not.
To sue John Deere for a defective tractor accident
, get in touch with the Downtown LA Law Group