On September 4, 2019, John Deere issued a recall for the XUV835 model utility vehicles. According to the recall (number 19-776), the plastic sheathing on the utility vehicle’s throttle cable can melt as a result of improper routing, resulting in the throttle sticking; this hazard could result in the operator being unable to stop the vehicle, which could represent a crash risk.
According to the recall, approximately 19,730 units are affected by the recall in the U.S. approximately 840 of the defective utility vehicles were sold in Canada. The products with the following serial numbers are included in the recall:
- 1M0835ExxxM010001 – 1M0835ExxxM020413
- 1M0835MxxxM010001 – 1M0835MxxxM022741
- 1M0835RxxxM010001 – 1M0835RxxxM023115
- 1M0835EAPMM560107
- 1M0835MECLM544103
- 1M0835MAPMM560108
- 1M0835RBCLM544102
- 1M0835RATMM560102
- 1M0835RAPMM560103
- 1M0835RAKMM560104
- 1M0835RAJMM560105
The defective utility vehicles were sold in different color combinations, which included the following: olive drab and camouflage; green and yellow. The vehicles have side-by-side seating for either two or three people (based on the seating option). The defective utility vehicles were sold for $13,860 to $22,930 between November 2017 and July 2019. So far, there have been 9 incident reports; no injuries have been reported.
The recall suggests that all consumers that own the defective utility vehicles immediately stop use and contact a John Deere dealer for both a free inspection and free repair. This seems simple enough, right? Without a doubt, a consumer that finds that he or she owns a defective product could just contact the appropriate entities for an inspection and a repair; consumers should only do this if neither they nor their families were harmed as a result of the defective product.
What if consumers were harmed by the defective product? If you or a member of your family suffered harm as a direct result of the defect present in the product, you should never settle for a free installation or a free repair. Instead, you should seek legal assistance immediately.
If you are interested in pursuing a claim after suffering any harm in association with John Deere’s defective Gator utility vehicles or any other defective products, you should seek legal assistance with the experts at Normandie Law Firm as soon as possible. Normandie Law Firm is a personal injury law firm with many years of experience handling many different claims, including product liability claims. We have represented countless victims harmed by defective products and helped them recover the compensation to which they are entitled; if you would like to discuss your claim with our experts, contact us today.
What is the Hazard?
As mentioned above, the plastic sheathing on the utility vehicle’s throttle cable can melt (due to a routing issue) and can cause the throttle to stick, creating the risk of the vehicle not stopping when the operator attempts to stops. This issue can result in crashes. Any sort of vehicular crash has the potential to result in significant injuries.
Some of the injuries that unsuspecting parties could suffer as a result of the defective utility vehicles include the following:
- Head injuries
- Brain injuries
- Neck injuries
- Back injuries
- Joint injuries
- Fractures
- Nerve injuries
- Muscle damage
- Torn ligaments
- Spinal cord injuries
- Lacerations
- Bruises
Any accident that involves a vehicle could result in extensive injuries and has the potential to be fatal. Regardless of the specific harm that you or a member of your family suffered, you should explore the possibility of pursuing a claim – you likely have grounds to sue the company for the harm suffered as a direct result of the defective product.
Product Liability
Who is liable for the harm that you or a member of your family suffered? Based on premise liability, the company that negligently made the defective product available for consumers could be liable for all of the harm caused by the defective product. More specifically, all companies have a duty to ensure that all their products are safe for their consumers to use. They must inspect their products and test their products during various points to ensure that their products are safe. By failing to identify and address the hazards present in their products, companies are breaching their duty of care and negligently making defective products available for consumers. Because of this, companies, such as John Deere, will usually be liable for the harm caused by their defective products.
If the harm that you suffered can be directly connected to a defective product, do you have the right to sue? Based on product liability, you have the right to sue for the harm that you suffered because of a defective product. If you would like to learn more about your right to sue, do not hesitate to contact our law firm today.
How Much Compensation Could You Recover?
The specific information about the type and amount of compensation that you could recover should only be discussed with an experienced attorney. The value of your claim and the compensation that you could recover are based on the specific details of your claim; after discussing your claim with an attorney, you should have a general idea of the compensation that you could recover for the harm suffered.
Although every claim is different, some of the compensation available for recover could include
- Medical costs
- Lost wages
- Property damage
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages
- Legal fees
If you would like to learn more about the specific compensation that you could be eligible to receive, you should seek legal assistance with the experts at our firm immediately. At Normandie Law Firm, we are dedicated to helping you recover the highest amount of compensation available for your claim. Whether we have to aggressively negotiate or even take your claim to trial, you can be certain that our lawyers will fight for your right to recover what you deserve.
Important Steps for Product Liability Cases
After suffering harm relate to a defective product, there are a number of things that you should do to ensure that preserve your right to eventually pursue a claim. Consider the following steps that you should take after being harmed by a defective product:
- Get medical attention
- Photograph all injuries
- Photograph the defective product
- Keep the defective product in a safe place
- Do not use the defective product
- Do not repair the defective product
- Contact the company to report the defect and the harm suffered
- Do not agree to a refund, to a repair, or to return the defective product
- Gather witness information
- Seek legal guidance immediately
When you follow the recommendations listed above, you are essentially getting on the right track towards being able to pursue a claim and reaching a successful outcome.
Seek Legal Guidance Today
If you were harmed as a result of a defective product, it is essential that you seek legal assistance as soon as possible. Acting with a sense of urgency is of utmost importance considering that your claim will be subject to a strict deadline. All claims are subject to a deadline called a statute of limitations. A statute of limitations determines the specific length of time that claimants have to pursue their claims. When claimants fail to file on time, they could lose their right to sue and lose their right to receive compensation. In general, product liability cases are subject to a two-year statute of limitations (in the state of California). However, exceptions could apply; therefore, we always recommend that claimants discuss any applicable deadlines with the experts at our firm.
At Normandie Law Firm, we are dedicated to ensuring that you have access to the legal assistance necessary to pursue a claim and recover compensation. We provide free consultations and free second opinions as part of our Zero-Fee guarantee (that ensures that our clients never have to worry about paying any upfront legal fees). Our firm is also based on contingency, meaning that you will never have to pay anything until after you win. If you are ready to benefit from our free legal services and discuss the possibility of pursuing a claim against John Deere with the experts at our firm, contact us at your earliest convenience. We are ready to provide you with the representation that you need to sue for the harm that you or a member of your family suffered due to a defective gator utility vehicle.
