Actual stories of lawsuits for doing tractor work for hire.

[PILOON]

I have owned my MT180D for about 20 years and have dug, spread many loads of soil and gravel, graded drives and blown as well as plowed many drives.
Probably 7-800 hours or so.

Maybe I am an above average operator but have never had any problems and I don't have insurance, but then I know the equipment's limitations and I get to fix my problems.
There are times when SLOW is the only way.
I never let folks push me to go faster.

But then some guys are just plain scary operators.
One guy when he mounts equipment is when I leave. (either he'll injure me or I'll be loading him off to emergency)

Another seems to break anything he uses, especially anything borrowed. He then claims it was so abused or poorly designed that he is not responsible.

 

[George2615]

This made me think a Dash-Cam would be a wonderful tool to have. (Not to be confused with a low res backup camera). I have one on my truck that cost me about $ 75.00. Has great video, loops, records to SD Card and comes on automatically when ignition key is on, turns off when ignition is off. Plugs into cig lighter plug. If someone runs a stop sign and hits me, and claims it was my fault, I have a video that will show the truth.

Not to hijack the thread but please let us know what dash cam you have or start a new thread it. I'm considering a dash cam and I've read some reviews on a few and was not impressed.

 

[MX Dad]

Not to hijack the thread but please let us know what dash cam you have or start a new thread it. I'm considering a dash cam and I've read some reviews on a few and was not impressed.

You bet, I'll start a new thread. You know thinking about it, I wonder if a Go Pro (or similar) would be better suited for exterior use. The one in my truck is not made to be exposed to the outside. But I'll start one with the one I have for my truck.

 

[topbuilder]

I grind a lot of stumps. For money. I ask the customer if there are any underground things I might encounter. I explain to them that when I "find" something, it's too late. Gas and electric are not and issue as they are 24 and 36" deep. TV, phone, water and sprinklers are what I commonly "find". I then explain that I do not fix what I find.
In three years I have hit one phone line that was marked (incorrectly), a few sprinkler lines and one 220V conduit buried 4" deep.

 

[bdog]

I have not been in a lawsuit but I have had some situations that would have likely headed that way had we not made them right. One time I was mowing some tall weeds around a mobile home for some people and there was a 2' or so pipe sticking up that was for their well. No way I could have seen it in those tall weeds and I hit it with my tires I think and it broke off below ground and water went gushing everywhere. They didn't tell me about it being there and how could they expect me to see it in chest high weeds. Anyway they were all kinds of mad and I had to repair it which involved a lot of digging and pumping water out of the hole. Would they have sued had I refused to fix it? I don't know

Another time was a bit different than the normal tractor job but we were clearing a path through a wooded area for a third party. We had to sign an agreement before we started which among other things stated we would not take down any oak trees. When we were getting started the landowner came over and was friendly and told us the oak tree thing applied to the lone oaks up around his house and when we were in the back pasture where the trees and brush were so thick you couldn't even walk through he didn't care what we took down. Just don't take down any big oaks or trees around his house. Seemed simple enough and we made our path through the woods. A few weeks later we get called that we took down 17 oaks in the back and they had pictures of each one. They were all tiny none over 4" trunks. They wanted $500 per tree - $8500 or they were going to sue. I think my boss at the time ended up cutting them a check for $5000 to settle it. It was a bad deal because I know without a doubt the landowner said it was ok but they had it in writing "no oaks"

 

[DFB]

But then some guys are just plain scary operators.

Oh you got that right

We had some excavating done at work by business acquaintance of the boss's and the first thing his crew did was to back their heavy equipment trailer into our cinder block building taking out the whole corner!

They came to do deep trenching for waterlines from a new drilled well and also sewer electric and gas line excavation for our new barn building all across our existing driveway during work hours then no customers could get in :laughing: Plus they had to dig up the water line twice because they had it piped wrong his friend saying "What do I know I'm no plumber."

All I could say after all that was "It's a good thing we're not paying you hey"

 

[zmoz]

How about a bunch of very easy to imagine examples:

1. You're mowing a field of 2' tall grass. You accidentally mow the owner's cat. This was not just any cat, but a $2500 fancy show cat. And the owner was very attached, now he adds emotional damages. He sues you for $10,000. What do you tell the judge? "Oopsies, I'm sorry"?

2. You're mowing that same field and throw a rock through the windshield of a vintage automobile. Can't buy a new one, all the junk yard stuff cost $2000 or more. You get to pay for it, lawsuit or not.

3. Somebody hires you to remove a tree on "his" land. Half way through the job, the neighbor comes running out and tells you that it is actually his land and you have now caused extensive damage. Who pays for this?

4. You mow somebody's yard and nothing happens. 4 days later you get a call saying you ran over something expensive and they demand you fix it. How do you prove it wasn't you? People intentionally hire people like this with the objective of getting free work or free money, it's a common scam.

5. You're mowing grass and a spark from your tractor starts a fire. Fire burns down house. Lawsuit ensues.

Remember, even if you are doing work for your best friend, and he would never, ever sue you, his homeowners insurance probably will if he has to file a claim.

Chances are, if you're doing tractor work on the side for money, then you don't have a lot of it in the bank. Do you have $2500 or more to hand over for your screw ups? Insurance would have been a lot cheaper.

 

[zmoz]

The other part you have to understand, is how extremely easy it is to file a lawsuit in small claims court in the United States. Small claims is usually for anything under $10,000, though laws vary in each state. No lawyers are required, or even allowed in small claims court. You can sue anybody for any reason, it cost about $100, and you just have to fill out a simple 2 page form.

If you have been sued, you have to show up to court, or you automatically lose. You have to pay your own court fees of $50-100 to appear in court, even if you are completely innocent.

The hardest part about small claims court if you get sued, is that they only need to prove their case to 51%. That means the judge only needs to believe the story of the winning side just 1% more than the other. It's not "beyond all reasonable doubt" like a criminal case.

Small claims court really is a lot like an episode of Judge Judy. Just way more boring and expensive.

 

[murphy1244]

The other part you have to understand, is how extremely easy it is to file a lawsuit in small claims court in the United States. Small claims is usually for anything under $10,000, though laws vary in each state. No lawyers are required, or even allowed in small claims court. You can sue anybody for any reason, it cost about $100, and you just have to fill out a simple 2 page form.

If you have been sued, you have to show up to court, or you automatically lose. You have to pay your own court fees of $50-100 to appear in court, even if you are completely innocent.

The hardest part about small claims court if you get sued, is that they only need to prove their case to 51%. That means the judge only needs to believe the story of the winning side just 1% more than the other. It's not "beyond all reasonable doubt" like a criminal case.

Small claims court really is a lot like an episode of Judge Judy. Just way more boring and expensive.

Small claims judgements are unenforceable. At least here in Ohio.

 

[Catchad81]

The other part you have to understand, is how extremely easy it is to file a lawsuit in small claims court in the United States. Small claims is usually for anything under $10,000, though laws vary in each state. No lawyers are required, or even allowed in small claims court. You can sue anybody for any reason, it cost about $100, and you just have to fill out a simple 2 page form. If you have been sued, you have to show up to court, or you automatically lose. You have to pay your own court fees of $50-100 to appear in court, even if you are completely innocent. The hardest part about small claims court if you get sued, is that they only need to prove their case to 51%. That means the judge only needs to believe the story of the winning side just 1% more than the other. It's not "beyond all reasonable doubt" like a criminal case. Small claims court really is a lot like an episode of Judge Judy. Just way more boring and expensive.

There is truth in this. Also it doesn't really matter what has been signed in an agreement, waiver, etc. I know firsthand that anyone can sue anybody for anything. (Blame the lawyers I guess). Most cases in my experience is which party wants to spend the money for the suit. Sometimes it's cheaper to settle them pay what may be never ending fees.

Also insurance companies go off percentages. If they pay around 30% or less of your premiums out they probably won't go up on you. If they pay more than that they are losing money and will increase your rate regardless of whether you where involved in any payout decision or not.