On December 12, 2017, John Deere recalled more than 3,600 compact utility tractors due to a dangerous product defect. According to the recall, which was announced by the U.S. Consumer Product Safety Commission, “The rollover protective structure (ROPS) at the back of the tractor can loosen and fail to protect the operator in a rollover accident, posing a risk of injury.” Although there have not been any reported incidents or injuries to date, the risk of harm was serious enough that a recall was warranted. The recall number is 18-705.
The affected tractors are John Deere model 1023E and model 1025R compact utility tractors. These tractors were sold between March and October of 2017. Anyone with one of these tractors should avoid using it on any type of slope as a rollover could prove extremely dangerous. John Deere is offering free repairs.
GEORGIA PRODUCT LIABILITY CLAIMS
When manufacturers place defective products on the market, they are strictly liable for any harm that occurs as a result. Victims of defective products can sue in actions known as product liability claims. All product liability claims in Georgia stem from Title 51 Chapter 1 § 11(b) of the Official Code of Georgia (O.C.G.A. § 51-1-11), which states that:
The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.
Broken down into plain English, this statute means that to win a manufacturing product liability claim, a plaintiff must prove that:
1. The defendant was the manufacturer of the product;
2. The product was defective when it left the control of the manufacturer; and
3. The product’s defective condition caused the harm.
Under the statute, it does not matter whether the person harmed was the purchaser of the product. Traditionally, only those with “privity of contract” could bring product liability claims. O.C.G.A. § 51-1-11 expressly removes this requirement. Anyone harmed can bring a product liability claim, even if the manufacturer sold the defective product to someone completely different.
Three Ways Manufacturers of Tractors and Riding Lawn Mowers Might Liable for Injuries
There are three main ways that manufacturers can be held found liable under O.C.G.A. § 51-1-11:
• Design defects;
• Manufacturing defects; or
• A failure to adequately warn consumers of risks.
Design defects are those that are inherent in the intended design of a product. One major factor that courts will look to when deciding if a design was defective is whether safer alternatives existed. For instance, utility tractors and riding mowers should be designed with a rollover protection system, a kill switch that is triggered if a rider falls off of the seat, and mechanisms that allow a rider to go in reverse safely. These are well-accepted safety features that all manufacturers should be aware of. Thus, any design that fails to include these safety features could be considered defective.
Manufacturing defects occur when a product deviates from its intended design. These are usually instances where a product or a handful of products are affected by some type of error during the manufacturing process. Many manufacturing defects are caught by a manufacturer’s quality control program, but some slip through the cracks.
Even when products are designed well and manufactured exactly as intended, manufacturers still have a duty to warn consumers about any potential dangers that their product poses. For instances, manufacturers of utility tractors and riding lawn mowers must supply sufficient operating instructions and warnings.
If You’ve Been Injured by a Defective Product, Contact Williams Elleby Howard & Easter, LCC, Today
The legal team at Williams Elleby Howard & Easter, takes product liability injuries very seriously. Manufacturers that sell their products in Georgia have a duty to ensure that those products are safe to use, and to adequately warn consumers about any dangers posed. When people are harmed by defective products, they deserve to be compensated. If you or a loved one has been injured by a defective product, contact Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA.
