Actual stories of lawsuits for doing tractor work for hire.

[zmoz]

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

100% false in all 50 states. Been to small claims court many times. No court judgement is "unenforceable"...

They will also have an instant and very negative effect on your credit rating. You won't be buying anything on credit or renting anything bigger than a rental car with an unpaid judgement on your record.

 

[two_bit_score]

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

That is a big misconception. In most states they are enforceable. Texas they absolutely are.

We just collected on a judgement filed over 8 years ago against a prior tenant for damage they did when moving out of a rental house. With fees, post judgement interest, etc it amounted to over $4,000 which they could have paid for about a grand at the time.

We are also in the process of collecting on another judgement from SCC that was taken as a default judgement because the defendant acted like he was too important to deal with us and resolve the matter before damage occurred. He had a dead tree that we almost begged him to take down before it fell on our fence. He refused and then refused to talk about paying for the damages when it finally fell on our fence. Lucky, all cost of clean up and repair was only about $250. He refused to pay and refused to talk about it and we took a default. Filed it and took a lien on his property. He wants to sell it now and so he is paying over $2000 now to get a release so he can complete the sale of his property. Comes straight out of the proceeds from the sale at closing.

If someone hits you in a car accident and you get a SCC judgement against them and file it, the DPS can suspend their drivers license for violating the safety responsibility law. They are required to have insurance and the insurance is required to pay or defend them. Gets their attention.

I once sued a large insurance company in Dallas and they let the small claims court suit fall through the cracks and I got a default. I filed the abstract of judgement in Dallas County on their home office building and sent their lawyer a copy. We got a check forthwith.

Don't discount small claims court judgements if done correctly.

TBS

 

[two_bit_score]

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.

Imagine is about right. Those are more like dreams than reality. The only thing you said that makes any sense is the very last sentence.

Every situation you describe could be avoided or eliminated with some planning and common sense.

TBS

 

[zmoz]

Every situation you describe could be avoided or eliminated with some planning and common sense.

You're assuming the operator will use planning and common sense. Common sense is extremely rare. And even the most competent person has accidents.

 

[namesray]

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.

So what was the out come when those things were struck? Did you fix, pay, or stick to your guns and NOT fix them??? What did the customer do about the situation? And one last question, did you have a prior agreement signed?

 

[namesray]

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.

Ok, I'll agree with numbers 1,2,3, and 5. Easy enough, but I question number 4. I am not saying you couldn't lose a case like that, but aren't you innocent until "proven" guilty? Doesn't the property owner have the burden of proving you hit something in their lawn? If not, then that would leave anything and everything wide open for a law suit. ****, I will claim you ran into my garage when you came to visit me 4 days ago. Now I know that's a little different, but I once read a story about a land owner had something stolen from his garage. He even had still cameras set up that would take a picture when it detected motion every couple minutes.

That day the land owners landscapper was there mowing and the landowner got a picture of the landscapper entering the garage, a place he had no business being. But no exit picture. The landowner took the picture to the police or his lawyer (I don't remember which) and he was told that picture ment nothing as it did not show the landscapper leaving with the stolen object. It was the landowners word against the landscapper s word and the claim went no where.

Now I feel that makes more sence and that someone can't just blame anything damaged on their property on their landscapper as stated in number 4. But I will admit I am not positive.

 

[zmoz]

but aren't you innocent until "proven" guilty?

Not in a civil case. If the other party can make up a story that the judge can believe just 1% more than yours, you lose. The end, no re-trial. It's totally up to the judge who to believe and the other party is not required to prove beyond all reasonable doubt.

You could literally be sued because the person who hired you doesn't like the color of the tractor you used. It made their house look bad while you were there. You can be sued for ANYTHING. Even if you are totally innocent, you first have to pay a fee to appear before the judge, tell your story, and then you only win if the judge decides to believe you. If you fail to appear you automatically lose. You are not compensated for the day or more you spend at court you could be doing other things, like working.

 

[namesray]

Not in a civil case. If the other party can make up a story that the judge can believe just 1% more than yours, you lose. The end, no re-trial. It's totally up to the judge who to believe and the other party is not required to prove beyond all reasonable doubt.

You could literally be sued because the person who hired you doesn't like the color of the tractor you used. It made their house look bad while you were there. You can be sued for ANYTHING. Even if you are totally innocent, you first have to pay a fee to appear before the judge, tell your story, and then you only win if the judge decides to believe you. If you fail to appear you automatically lose. You are not compensated for the day or more you spend at court you could be doing other things, like working.

Really!?!? I am not arguing with you as this is where my paranoia was when I started this thread, but it makes me sad if our country has fallen to this level. I would like to still believe that even though you may be able to be sued for "anything" at least these highly paid judges will still rule in favor of truth and common sense. Maybe those days a are gone.

 

[two_bit_score]

Not in a civil case. If the other party can make up a story that the judge can believe just 1% more than yours, you lose. The end, no re-trial. It's totally up to the judge who to believe and the other party is not required to prove beyond all reasonable doubt.

You could literally be sued because the person who hired you doesn't like the color of the tractor you used. It made their house look bad while you were there. You can be sued for ANYTHING. Even if you are totally innocent, you first have to pay a fee to appear before the judge, tell your story, and then you only win if the judge decides to believe you. If you fail to appear you automatically lose. You are not compensated for the day or more you spend at court you could be doing other things, like working.

You paint a bleak picture! Good thing it's not as bad as you make it out to be.

namesray, if you use some common sense and take some reasonable steps up front you would be fine in all of this situations. Nothing is guaranteed and yes, technically, anybody can sue anyone for anything. Most states, Texas may be the best example, have passed some pretty good tort reform laws in the last few years and judges and juries have gotten their eyes opened about frivolous lawsuits, even in small claims courts.

I've never heard of a fee for the defendant in a SCC action unless you are filing a cross action. Just to appear and tell your side of why you are not responsible doesn't cost any fee in any jurisdiction I am familiar with. Yes you will be out the time to appear and to prepare. If you hire a lawyer that will cost you money.

Ive seen plenty of frivolous lawsuits. One of the most proactive things you can do to protect yourself is to KNOW your Customer!

KNOW the property and KNOW what you are doing. Document everything. Have a good release form. Take some pictures before and after. Serves two purposes - shows what you have done and protects you from false claims. Helps with repeat business to get to know people and repeat business is what you want, with people you KNOW and on property you KNOW.


TBS

 

[nikerret]

I have recently started doing jobs, for money. I got full insurance from the same agency I already had auto/home. It cost me $459 for a year of liability coverage. I'm covered up to $1M per incident. I am considered "Landscaping" and that includes "light excavation". Once rule is I am the only one allowed to operate my equipment. I am considering going to an LLC, just because I like to be covered.

No stories, just all about risk mitigation.