An individual who has been injured in a riding lawn mower, garden tractor, or zero-turn-radius mower accident knows firsthand the dangers of these machines. If you or a loved one is the victim of a riding mower accident, contact attorney John Gehlhausen to discuss obtaining compensation for your injuries.
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What compensation can I receive for my riding lawn mower accident?
The Law Offices of John Gehlhausen, P.C. will fight to help victims recover lost support, funeral expenses, medical-related expenses, and lost wages, as well as compensation for pain and suffering, lost companionship and other hardships...
What are the major causes of riding lawn mower accidents?
When used on ditch banks or inclines, riding lawn mowers can roll over and pin or crush the rider beneath their weight...
For many years, the Consumer Product Safety Commission (CPSC) has been researching and reporting common riding lawn mower, garden tractor, and zero-turn-radius mower dangers (including rolling, tipping, and sliding down an incline) as well as the injuries and deaths that tragically result. In the following article, riding mower accident attorney John Gehlhausen examines the CPSC's staff reports on riding mower and tractor safety, and argues for the need for mandatory industry regulation.
CONSUMER PRODUCT SAFETY COMMISSION INACTION ON THE RIDING MOWER ROLLOVER PROBLEM
By: John Gehlhausen
Riding Mower Accident Product Liability Attorney
Manufacturers making riding mowers without rollover protective systems (ROPS) like to claim that they have the implicit blessing of the Consumer Product Safety Commission (CPSC) because the Commission has not enacted regulations with regard to riding mowers. In fact, in 1984, the CPSC withdrew a proposed rule regarding riding mowers for budgetary reasons. The CPSC has over 15,000 consumer products under its jurisdiction.
The CPSC was founded as a result of the Consumer Products Safety Act, which was enacted in 1972. The Commissioners are appointees of the president. By 1980, deregulating industry was the vogue in government. The CPSC was nearly abolished by both Presidents Carter and Reagan because of its ineffectiveness. Through the years the CPSC became a target of budget cutting. For example, in 1975 the CPSC had 900 employees and a budget of $42 million per year. Congress at that time complained it was much too “thin” to ensure consumer safety. In 2004 the CPSC had 471 employees and a budget of $60 million ($15 million in 1975 dollars). Further reduction continued thru 2007. Thru 2008 its annual budget was one of the smallest of any federal health and safety agency.
In 2007, former industry lobbyist Nancy Nord, who had been appointed as head of the CPSC by President George W. Bush, wrote a letter to Congress opposing federal legislation that would increase the agency’s budget and impose tougher standards for violations of CPSC standards. Also in 2007 the Washington Post noted that Nord and the job’s previous Bush appointee, Hal Stratton, took over 30 trips paid for by businesses the CPSC was supposed to be regulating. Then, in 2008 Ms. Nord refused to ask Congress for an increase in the budget of the CPSC.
Nevertheless, through those years the CPSC staff, in a noted disconnect from the Commissioners, undertook activity outlining the actual hazard of riding mowers. From 1980 to present, its staff has kept statistics of lawn tractor rollovers in which the operator was taken to an emergency room. It also tracked all riding mower deaths that happened to be reported to the CPSC. Those statistics were, of course, available to the industry as were various publications written by the CPSC staff dealing with the stability (rollover) hazard and the difficulty people had in correctly judging the angle of slopes.
In 1974, a CPSC staff study indicated that when an operator was on a riding mower, it was much less stable than it was without an operator. It noted that an operator could respond to a possible tipping situation in a way that would actually increase the possibility of a rollover by putting his or her foot on the ground or sliding around or off the seat. It also noted that sudden application of the engine’s full power could cause the front end to rise up and rotate around the rear axle. This situation has gotten worse with today's high-powered zero-turn-radius lawn tractors (ZTRs). For riding mowers with brakes, the study noted that their application could cause one set of wheels to rise off the ground.
In 1977 the CPSC, while announcing its intention to enact a federal safety standard for lawn mower safety, identified riding mowers as having an unreasonable risk of injury to consumers due to their propensity for overturning. While the CPSC standard did get enacted for push mowers, later regulatory action was never accomplished for riding mowers. As noted above, a proposed rule regarding riding mowers was withdrawn in 1984.
In 1983, the CPSC staff determined that 80 percent of riding mower fatalities resulted from situations where "the mower tipped over, the victim fell under, or was run over by the mower, or the victim fell or was thrown from the mower...." In 1984, the staff went on to note that a correlation between stability-related requirements in the industry’s voluntary minimum Outdoor Power Equipment Institute (OPEI)/American National Standards Institute (ANSI) standard, and actual mower stability during slope operations had not been demonstrated. It further recommended inclinometers for riding mowers. At the same time, in 1984 the CPSC specifically noted that it did not approve the ANSI B71.1 voluntary safety standards for riding mowers. It specifically found that these new measures were not adequate to reduce riding mower dynamic stability related deaths and serious injuries. It expressed "deep concern over deaths and injuries associated with dynamic [when moving] stability...." At no time since then has the CPSC ever seen fit to endorse any of the subsequent voluntary OPEI/ANSI riding mower standards which were proposed by the industry itself.
In 1985, the CPSC staff conducted a study noting the difficulty that consumers had in correctly perceiving the accuracy of hillside slopes. It noted that manufacturer provided warnings about unsafe (e.g., 15-degree) slopes may not correspond to consumers actual perceptions. For example, a slope of 15 degrees might incorrectly be estimated at only 10 degrees. While this might appear as desirable conservatism in heeding the warning, the CPSC noted that, in fact, it may serve to undermine the warning’s perceived validity. It also noted that a large majority of the drivers rated themselves as “better than average,” and that they regarded themselves as being less likely than others to be involved in a riding mower accident.
In 1986, the CPSC staff noted that a review of death certificate data from 1983, 1984, and 1985 resulted in an estimated 100 deaths per year resulting from riding mowers and garden tractor accidents. It further noted that the rate of hospitalization for riding mower injuries was almost twice the average rate for all other injuries reported on the CPSC National Electronic Injury Surveillance System (NEISS). The NEISS system is based on actual injuries reported at certain hospitals across the country from which the CPSC on a national basis calculates injuries.
In 1988, the CPSC staff reported 19,100 incidents between the years of 1983 and 1986 involving people being taken to hospital emergency rooms for injuries sustained because of a riding mower tipping or sliding. Tipping and sliding were the highest causal factors for injuries associated with riding mowers. The mowers were reported to tip in 85 percent of injury cases and slide without tipping in the remainder. The CPSC also noted that in an estimated 80 percent of those cases one-half of those who fell, jumped, or were thrown from the mower were subsequently hit by the mower after landing on the ground, or were pinned beneath the mower as they fell. The CPSC staff further recognized that these rollovers occurred on level ground as well as slopes.
In 1992, the CPSC staff noted that at least 42 percent of riding mowers owned by consumers were used to mow slopes of 15 degrees or more, and 19 percent were used to mow slopes of 20 degrees or more. What’s more, 43 percent of such consumer-owned riding mowers were being used to mow areas of grass bordered by steep drop offs.
In 1993, a ride-on mower hazard analysis done by the staff showed that the primary hazard associated with these riding mowers was the loss of stability, resulting in some 2200 injuries per year. The study further indicated that approximately 94 percent of the operators fell or jumped off the mower. Approximately three out of every four victims were hit and/or trapped when the mower turned over and landed on top of them.
In 1994, another CPSC staff study found that the annual injury rate for ride-on mowers was more than three times higher than the annual injury rate for walk-behind mowers. The study noted that the injury trend related to ride-on mowers (which had not been regulated by the CPSC) showed no significant change in the injury rate over the prior 11 year period. However, for walk-behind mowers, which were mandatorily regulated by the CPSC starting June 30, 1982, there was a significant decrease of 3,100 injuries per year.
Section 15 of the Consumer Product Safety Act requires manufacturers to report to the CPSC when they obtain information which reasonably supports the conclusion that their product creates an unreasonable risk of serious injury or death. Unless the manufacturer has knowledge that the CPSC has been previously and adequately informed of such defect or risk, the manufacturer must take action to ensure that the CPSC is alerted to the danger that their product can cause. Lawn tractor manufacturers’ failure to self-report the injuries caused by their product can presumably be attributed to their belief that the CPSC already has “been adequately informed of the risk” of operating these lawn tractors without rollover protection systems (ROPS). Either that, or they do not regard the risk of serious injury from rollover to be "unreasonable." On the other hand, with over 15,000 products and the CPSC’s past history of budget and staff cuts, along with pro-industry, ANTI-regulation appointees, it sadly can be understood why no regulation of this industry has occurred.
Purchasers of a riding lawn mower, garden tractor, or zero-turn-radius mower are often unaware of the dangers of these products until there's been an accident and it's too late. According to riding mower accident attorney John Gehlhausen, the riding mower industry remains unregulated, which is to the disadvantage of the consumer. If you or a loved one is a victim of a rollover accident involving a riding mower or garden tractor, contact John Gehlhausen to schedule a consultation to discuss your legal options.