Drowning Death Leads To Products Liability Lawsuit
Posted on Mar 05, 2008
The family of David Darr, a Kentucky man whose wrongful death was caused by his track loader flipping and submerging in a pond, drowning him, last year, has filed suit against the manufacturer of the equipment as well as 11 other defendants involved in either the sale or manufacture of the equipment or ownership of the property on which Darr died.
According to documents filed on Monday, March 3 in the Circuit Court of Whitley County, Kentucky, Takeuchi Manufacturing Company, based in Japan, and Takeuchi U.S., based in Georgia, allegedly caused “tortuous” personal injury through the rubber track loader purchased by Darr and were negligent because their product was dangerous and carried no adequate warnings.
Brinke Equipment, which sold the loader to Darr in June 2006, and its owner, Richard Brinke, were also accused of negligence by the suit in addition to BrushMonster, LLC, which sold a rotary cutter attachment to Darr that he was using with the track loader at the time of his death.
Brinke is alleged by the suit to be negligent for providing information that was false or inaccurate concerning the abilities, capabilities, and possible uses of the loader. The suit also alleges that the attachment sold by BrushMonster was not safe, of merchantable quality, or fit for the intended purpose.
On March 11 of last year, 53-year-old Darr was operating the loader next to a pond at the back of a neighbor’s property when it overturned and fell into the water.
Officers said the cab was fully enclosed at the time of the rescue attempt and the door latches were inside. Rescuers broke the window to extract Darr, but were unable to revive him. They estimated that he had spent approximately 15 minutes underwater from the time they arrived.
The suit alleges that Darr was unable to escape the cab due to design defects.