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Tractor Talk Discussion Forum

OT My gator caught fire

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rich from pa

09-10-2006 08:24:23




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I have an older 6x4 gator and coming off a hill the closed end of the muffler which appears to be a pressed in piece blew out. I stopped to pick it up with needle nose pliers cause it was too hot. So I was going to attempt to get to a friends house to repair it a short distance away. Got just opff the road and noticed it had caught the belt on fire and it burned up from there. If there is no recall I think John Deere owes me a new or used gator. The state police looked at it and there were the fire fighters who put it out who can verify the reason it caught fire. Do you think i should pursue this matter furthur??

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Not me

09-11-2006 12:35:48




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 Re: OT My gator caught fire in reply to rich from pa, 09-10-2006 08:24:23  
In late 95, a friend of a friend asked me to install a distributor in his 197? Ford Torino. I set the distrib, adjusted the timing and called it done. No charge. His tranny went out several months later and I was sued for the amount of the repair. I assumed that the judge would see the fallacy here, but alas he did not. I was assessed half the damages. Hell, sue 'em. More absurd cases have been won....
Remember, McDonalds got sued for selling hot coffee.....

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rich from pa

09-10-2006 18:08:38




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 Re: OT My gator caught fire in reply to rich from pa, 09-10-2006 08:24:23  
I see. I should be responsible for faulty engineering.



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JD9295

09-10-2006 13:06:23




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 Re: OT My gator caught fire in reply to rich from pa, 09-10-2006 08:24:23  
if you had it insured turn it in. if the adjuster thinks that JD owes you a new one they (insurance company) will pay you and them pursue the case with Deere and you wont have the expense of a lawyer
If it wasnt insured I dont think I would waste the money trying to get a new one. They have more money than you do, they will keep it in court over ALL the little things they can and break you.



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MSM

09-10-2006 12:39:19




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 Re: OT My gator caught fire in reply to rich from pa, 09-10-2006 08:24:23  
The reason it caught fire is because you continued to drive it knowing the muffler had blown out.It is not Deere's problem because of an error in your judgement. Like was said below,turn it in to your insurance company,if you don't have insurance,suck it up and go on.



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ron,ar

09-10-2006 13:12:00




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 of course it's JD's fault in reply to MSM, 09-10-2006 12:39:19  
Whats wrong with you, it is obvious it is John Deere's fault. Just ask the guys on the Ford board, the guys on the Allis board, the ones on the Int/Farmall board, just ask em all (except JD guys).Everything is John Deere's fault,greenhouse effect, global warming,world hunger,the economy, pregnant wives, angry wives, ugly wimmen, angry ugly wimmen, wives gone mad, world series losers, super bowl loser, it's ALL John Deere's fault. Lets SUE 'EM!!!

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rich from pa

09-10-2006 12:30:56




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 Re: OT My gator caught fire in reply to rich from pa, 09-10-2006 08:24:23  
To no party. With the exhaust broken it can not be driven, but has to be driven off the road to the trail. It was that short distance that it caught fire. If that is still too excessive please do not post again because you appear to know nothing



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No Party...

09-10-2006 16:34:07




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 Re: OT My gator caught fire in reply to rich from pa, 09-10-2006 12:30:56  
There is one thing that I do know. There are too many self proclaimed victims walking around in this country. Lawsuits can put companies out of business. It is also not legal to drive a gator on the road so you rightfully should not have had to "make it back to the trail". The five feet it takes to get a vehicle off the road will not cause it to catch fire. And honest men do not bring on lawsuits against manufactures when it is their own ignorance that caused the results to occur. And maybe you should not be posting anymore if that is the kind of disgusting logic you want to put on here.

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No Party...

09-10-2006 09:53:53




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 Re: OT My gator caught fire in reply to rich from pa, 09-10-2006 08:24:23  
John Deere can only build the gator. They can't idiot proof it. If an exhaust system falls off any vehical regardless of its design you have to be responsible enough to decide if it should be driven. If you were driving an old 8n and the exhaust fell off and caught the fuel line on fire would you sue Ford Motor co? There are plenty of vehicals out there that carry fire extinquishers and maybe your new gator should be one of them. If I were a judge in your lawsuit your case would not last 30 seconds and I would throw you out of my courtroom. No, you should not pursue legal action against Deere.

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Jim K

09-10-2006 09:20:00




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 Re: OT My gator caught fire in reply to rich from pa, 09-10-2006 08:24:23  
I'm no lawyer but I think that you whould have the wherewithall to know what the result would be if you continued to opperate the vehicle.
You have to take into consideration the age of the vehicle. How it was stored and taken care of.
I could see if it was a year or two old then you might have a case. It could be argued that maybe you neglected to follow proper maintenence procedures, or that you even abused said vehicle.
I'm all for going after a company that has designed an inferior or unsafe product.
But it bugs the he11 out of me when people use the system for thier own gain or to get something for nothing.
I know a few people that make a living doing this.
They'll sue anyone, they even sued a relative to get thier house.
They also sued an elderly parent to make some insurance money.
They never own a car for more than a year (new by the way) because theres always something that goes mysteriously wrong with it. so they return it and move on to the next dealer.
I think that these people are scum by the way.
And this is why insurance is so expensive.
But i'm sure that if you get a good lawyer and a judge you could get some kind of compensation for your loss.

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Buzzman72

09-10-2006 09:53:01




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 Re: OT My gator caught fire in reply to Jim K, 09-10-2006 09:20:00  
I agree.

Did you not carry insurance on it? If you did, let the insurance replace it with a comparable one in comparable condition...and if the lawyers for the insurance company see the problem as a design flaw, let THEM sue Deere & Co.

If the design is at fault, I believe the Consumer Product Safety Commission needs to know about it. Give them the evidence, and let them litigate it as a class action, should they decide there's a need to do so....as a governmental agency, they have deeper pockets for attorneys and research than you or I do. Then if there's a court settlement that says you're entitled to a brand-spankin'-new one, it's not JUST you, but everyone else in your position stands to benefit as well.

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