Hurt by a Vermeer 252

[NYstupgrinder]

I am an attorney and have a client that was hurt by a Vermeer 252... He shut the machine down and walked away from the controls and went to pull a hose that had become dislodged by the machine... The cutter wheel was still rotating...Infact, tests show it takes almost 10 seconds to stop... Does anybody else know anybody who was hurt in this fashion, due to the continually moving wheel of a 252 that has been shut down...

P.S. - The Ogura clutch now seems to have lowered the stop time....Does anybody have experience with this.... Thanks....

 

[Kneejerk Bombas]

AS Member Tree Machine had an accident with a stump grinder that was free spinning.

 

[BlueRidgeMark]

Make sure there's nobody with common sense on the jury and you will be in good shape. Walking away from moving power equipment is NOT "reasonable and prudent".

 

[TimberJack_7]

I am an attorney and have a client that was hurt by a Vermeer 252... He shut the machine down and walked away from the controls and went to pull a hose that had become dislodged by the machine... The cutter wheel was still rotating...Infact, tests show it takes almost 10 seconds to stop... Does anybody else know anybody who was hurt in this fashion, due to the continually moving wheel of a 252 that has been shut down...

P.S. - The Ogura clutch now seems to have lowered the stop time....Does anybody have experience with this.... Thanks....

What are you trying to find this information for? Are you trying to mount some sort of class action law suit(making the cost of our equipment,insurance,workman's comp, etc skyrocket in the process!!!)? I would think that you would have approached the manufacturer before approaching a forum with this question, perhaps you already did. There are enough idiot labels on these machines as it is. How much more should we dumb these machines down? When are all the lawyers going to realize that some people should stay away from heavy equipment because they are too dumb to be near it? Some people are just destined to meet their maker at the hands of large power equipment.

What are your intentions?

P.S. - Nothing personal Mr. Attorney.

People that operate any sort of equipment, especially in the tree industry should be cognizent of their surrounding and their equipment. Yeah I know we're all human and we all make mistakes and blah blah blah, but there is a time and a place to be lax, and it is NOT on the job site.

 

[TackleTree]

Bot sure about the nature of injury but i always stop my car completely, put it in park then get out. Common sense right? Same goes for this situation. Make sure all external moving parts have stopped before approaching. I hope that the person injured can make a full recovery, without complications. I dont think the machine is to blame here but human error, lack of training, etc...not the machine.

 

[Ekka]

I have two machines and I guard them like a rabid dog on heat whilst that wheel is spinning.

It's a no go zone till it stops and I couldn't give a rats ass if it took 10 minutes or 10 seconds for it to stop. No-one goes near it till it does.

Also you can plunge the rotating wheel into the ground to stop it.

Forget building a 2000 mile fence across Texas to keep Mexicans out, you got 20,000 miles of beach to fence off in case some-one drowns, gotta be signs that say swimming is wet, depth unknown too hey? Friggin lawyers.

When does one accept responsibility for their own actions?

See, if that were a staff member he'd get a whopping payout on the bosses insurance for being an IDIOT, and you'd get a nice cut hey.

But if he were self employed with his own machine he'd get stuff all and you wouldn't even be here. Get the message?

What happened to Tree Machine had nothing to do with the wheel taking 10 seconds to stop .... it had a lot to do with the fact that another IDIOT operator left the machine running with the cutter wheel engaged and spinning unattended and he got chomped when he walked into it backwards.

Noisy jobsite, earmuffs on, he couldn't hear it, totally different scenario.

I dont care if you dont like me or my post or attitude, what I see is a lawyer looking for blame. Well, look at your client.

Hey guys, here's an opportunity to dish out some reputation points. Lol

 

[BlueRidgeMark]

But if he were self employed with his own machine he'd get stuff all and you wouldn't even be here. Get the message?

Sadly inaccurate. He's probably looking to sue Vermeer for making a machine that doesn't stop the wheel immediately.


If the twit can't wait 10 seconds, it's HIS problem, not Vermeer's.

 

[l2edneck]

i agree

Haha at the lawyers name

NYstupgrinder

Now i feel bad for the idiot that stuck his hand in there or what ever he did to try to get paid.

Common sense tells ya dont stick yer hand in the blade of a fan.And when some one does do they sue the fan manf ? I feel bad he got hurt but he should probably work in another industry if he can work after a yoyo move like that

I had a guy try to sue my boss because he said he hurt his back liftin the table to close it on the chipper.Was found to be a scam and he was required to pay court cost as well as lost wages due to callin the boss and crew in court when they could have been working.Remember to make em sign a waiver sayin they know it is dangerous work and they are responsible for dumba## moves that get themselves hurt.(Thats what i do and you'd be surprised how more careful they are at work)

Oh and No ive never had that happen to me or ne 1 i know
Sorry Mr. Lawyer dude id tell him to go packing.NO CASE

 

[clearance]

Lawyers=chip 'em up. Probably a spammer anyways, whatever.

 

[BlueRidgeMark]

What do you call 500 lawyers at the bottom of the ocean?

A good start.



What do you call 500 lawyers up to their necks in concrete?

Not enough concrete.


Ba-DUM!


NEXT!

 

[matty f]

Any one who goes near it with the wheel spinning deserves whats comming,the last place i worked for had some **** who came in to do LOLA inspection's on every ones climbing kit,he rolled a 252 and on another ocaision ripped his leg up on the same machine...how the hell he got a job telling every one if there stuff is safe to climb on when hes that incompatent to evan work a simple machine|>? ive spent days on one and they are an easy and safe machine to use, unless your an idiot

 

[SinglerM]

Lawyer looking to exploit an injury.

It seems that most of the people here have already posted common sense responses. This must not be what the lawyer wanted to hear, he hasn't responded to anyone.
Why do lawyers seem to have a difficult time calling accidents "operator error"?
There would be nobody to sue then. Can't make money that way.
It's too bad the guy got hurt, but that doesn't justify sueing an equipment company.
Sadly, we live in a society where overweight people attempt to sue fast food companies and blame them for their weight problems.
Largely, it seems, because of lawyers like this guy.
We probably won't hear a valid counterpoint from this lawyer. It appears that he was looking for validation from members of this site.
I believe, from the short description that it was operator error.

Regards,
Mitch

 

[John464]

id be interested in seeing some pictures. always wondered if someone stuck their foot near the grinder how fast it would grind em down

 

[bowline]

Theres always one.:hmm3grin2orange:

 

[BlueRidgeMark]

id be interested in seeing some pictures. always wondered if someone stuck their foot near the grinder how fast it would grind em down

Read about it. See the pictures. And quit laughing.

http://www.arboristsite.com/showthread.php?t=23463&highlight=backward

 

[RedlineIt]

Vermeer 252 has icon stickers that say, among other things "Read The Manual."

Manual tells you not to leave the controls if the cutter wheel is still spinning.

It's pretty cut and dried, your operator violated Vermeer's safety warnings.

You're screwed on that one, Vermeer has a rafts of lawyers smarter than you.

My advice, go after the employer for lack of training.

Smaller pockets than Vermeer, to be sure, but by the time you get them to court you'll have put at least 7 to 10 people out of a job.

50% of lawyers graduated in the bottom half of their class. They end up chasing cases like this.


RedlineIt

 

[Ekka]

It's sad isn't it guys.

Imagine like Bearclaw, you make a new great thing then want to sell it. What should be a relatively simple well priced object becomes an overpriced plethora of paperwork.

Try to sue the manf if it were made in China!

You are driving your own businesses into the ground.

Heck, I fell off a ladder, got hurt, that must be a case to then.

 

[spacemule]

I can't believe how much speculation is going on in this thread. . .

 

[Steve128]

NYstupgrinder

have a client that was hurt by a Vermeer 252

I disagree. Your client was injured by his actions. The stump grinder didn't attack him.

Nothing flew off the machine, it didn't blow up or catch on fire. No, like a chain saw it is one dangerous machine because of what it is designed to accomplish.

If you jump out of a moving car, you will get injured. If you get around a machine which is still operating, well surprise. I grew up on a farm, never get off a tractor with the pto turning or tractor moving.

Being a novice to this board, I have read up on this site, purchased some books and learned a great deal. What surprised me most was how ignorant I was about the danger in the logging/ tree service industry.

It has been fun reading about new saws, oil ratios, etc. Yet, the threads on what can go wrong has opened my eyes. For which I am very thankful.

 

[Ekka]

There's been some awful accidents with pto drives, one of the most horrific was farmers getting caught in augers when boring holes for fence posts ... there's no chance to stop it or pull away from it.

That avatar is freaky!