mechanic,
I am responsible for this controversial poll because I started a regular thread last summer about making ROPS a "legal requirement" for "Commercial" lawn maintenance companies ONLY. The other thread got real heated by those that were offended regarding their "personal use" of a ZTR and their freedom of choice. I started that original thread right after seeing a story on our local news about a professional that was killed when his John Deere ZTR rolled over on him and crushed him to death. He had a wife and 3 kids and was just trying to "make a living". The news story indicated that the ROPS had been removed from the Commercial ZTR and most likely would have saved him if it had not been(and he had been wearing the lap belt). You sound like you had a pretty close call to a rollover as well. Were you wearing your lap belt?? Do you agree that should the ZTR have come all the way over and flipped that you would have been thankful it had a ROPS and lap belt??? What do you think about the potential for a gigantic wrongful death lawsuit by a deceased driver's family or customer homeowner against the company he works for???? Without very good insurance(or an employee's signed liability waiver before being hired) seems to me it could put a lawn maintenance company out of business and bankrupt the owner. Thoughts????
If I was the customer and had a lawn professional get killed on the job due to operator error, I don't even know what I would do. If the cause of his death was avoidable (which in most cases it is), I would probably do something along the lines of making sure they strictly enforce all safety protocols, especially after dealing with the loss of one of their own. People do learn from their mistakes. I personally wouldn't want one of my workers operating a ZTR on a steep hill with the damn ROPS folded down. In my trailer park, we use weed whackers to cut the grass on the steep parts of our compost hill/storage area. Not worth taking a chance.
I don't know what I would do if the death was unavoidable.
In a perfect world, I don't see why you would sue the entire company for his death (unless it was mechanical failure) as it was
his choice to make a dull decision.