Who Should Pay?

[Avenger]

It is common knowledge that if you break something on your tractor, on your property, doing your project, that you pay for the repairs. And, (I think) it is common knowledge that if you loan out your tractor to someone else, they operate it on their property doing their project and break down, that THEY pay for repairs. Well, what happens if you are operating your tractor on their property doing their project and you break down? Who Pays?

Situation: Your neighbor calls you up, asks a favor. He would like you to drive over to his house in your tractor and preform some work for him. This work is only going to take a few hours and you decide that it is the 'neighborly' thing to do. There is no mention of compensation, you exchange favors all the time and have a really good relationship with him. You drive up and start working. He is out there helping, but suddenly, your broken. The tractor does not move due to the nature of the break. Now, who should pay for replacement parts/service?

Option 1: Since the project was your neighbors, he was not planning on compensating you, it is on his property, he should pay the cost of repairs.

Option 2: Since it is YOUR tractor that you choose which ultimately decides the price of parts, YOU were operating it when it broke, and YOU are responsible for the maintenance and no one cares more about the tractor than you do, YOU should pay for repairs.

Option 3: Split cost 50/50

What would you do?

 

[chim]

Option 2 unless the neighbor backs into it. If you're operating your tractor it's on you.

If you're foolish enough let your neighbor use your tractor, then Option 1 if he does something stupid, or option 3 if there's a doubt.

 

[countrybumpkin]

It’s your tractor, you fix it and move on.

 

[CobyRupert]

It has to be #2 or #3, otherwise if I know a weld might be getting weak, or a hose a bit frayed, or a hiccup in a gearbox, or something else is going to fail, etc...if I just wait until I’m using it at a neighbors then he’s on the hook. Sweet deal!
Heck, I might ever offer my services more often.

If it’s a “it would of broke anyways, sooner or later” you should pay.

If it’s a situation like where you’re mowing for them and they didn’t tell you about the engine block in the weeds, then maybe they should pay, at least part.

 

[WranglerX]

All the above (responses 2 and 3) ...

Dale

 

[WranglerX]

To some, it sounds like if I know a weld might be getting weak, or a hose a bit frayed, or a gear worn, etc...if I just wait until I’m using it at a neighbors then he’s on the hook. Sweet deal!

If it’s a “it would of broke anyways, sooner or later” you should pay.

If it’s a situation like where you’re mowing for them and they didn’t tell you about the engine block in the weeds, then maybe they should pay, at least part.

If I knew something was faulty, its pretty dumb on my part to expect neighbor to pay for my negligence....

Dale

 

[fried1765]

It is common knowledge that if you break something on your tractor, on your property, doing your project, that you pay for the repairs. And, (I think) it is common knowledge that if you loan out your tractor to someone else, they operate it on their property doing their project and break down, that THEY pay for repairs. Well, what happens if you are operating your tractor on their property doing their project and you break down? Who Pays?

Situation: Your neighbor calls you up, asks a favor. He would like you to drive over to his house in your tractor and preform some work for him. This work is only going to take a few hours and you decide that it is the 'neighborly' thing to do. There is no mention of compensation, you exchange favors all the time and have a really good relationship with him. You drive up and start working. He is out there helping, but suddenly, your broken. The tractor does not move due to the nature of the break. Now, who should pay for replacement parts/service?

Option 1: Since the project was your neighbors, he was not planning on compensating you, it is on his property, he should pay the cost of repairs.

Option 2: Since it is YOUR tractor that you choose which ultimately decides the price of parts, YOU were operating it when it broke, and YOU are responsible for the maintenance and no one cares more about the tractor than you do, YOU should pay for repairs.

Option 3: Split cost 50/50

What would you do?

You pay!
You volunteered to go!

 

[CobyRupert]

....And, (I think) it is common knowledge that if you loan out your tractor to someone else, they operate it on their property doing their project and break down, that THEY pay for repairs.

I don’t agree with this.
If they borrow an item that has a lifespan of 4000 hours, and you’ve used it for 3999, why should they buy you a new one just because they used it the last hour?
Depends on why did it break?
Operator use/misuse? Wear?
Who knows, you have no control once you lent it out. A good reason not to.

 

[Diggin It]

#2 ... UNLESS .....Something the neighbor did (or didn't do) led to the issue. Maybe they didn't tell you about some metal rods that might be in that brush pile you needed to drive over.

 

[Avenger]

Let me clarify a point. The break down is neither operator error or simple wear and tear. It just happened, and would happen to anyone. No one is at fault. Think of something like a hose blowing or sheer pin breaking, etc. But bigger.
So this did happen to me this last Saturday. The tractor catastrophically broke down while mowing brush for my neighbor. It broke in a way that the tractor cannot move on its own. The repair is simple and will cost about $250 for the broken part.
My neighbor immediately told me that he was very sorry and would cover the cost of repair, and assist me in repairing it. Should only take about 30 minutes when the new part comes in. I suggested option 2, since its my tractor. We agreed to split it. I am just curious about your opinions. This whole thing is resolved.
The break is nothing anyone could have foreseen.

 

[Diggin It]

That's why those details matter in the opening post. If they offered, there is no reason not to accept.

 

[HarryVanderpool]

Option: 4 NEVER, EVER loan your tractor to anyone for any reason.
If you have a hole in your head and do, ANYTHING that happens is on you.

 

[Woody65]

Let me clarify a point. The break down is neither operator error or simple wear and tear. It just happened, and would happen to anyone. No one is at fault. Think of something like a hose blowing or sheer pin breaking, etc. But bigger.
So this did happen to me this last Saturday. The tractor catastrophically broke down while mowing brush for my neighbor. It broke in a way that the tractor cannot move on its own. The repair is simple and will cost about $250 for the broken part.
My neighbor immediately told me that he was very sorry and would cover the cost of repair, and assist me in repairing it. Should only take about 30 minutes when the new part comes in. I suggested option 2, since its my tractor. We agreed to split it. I am just curious about your opinions. This whole thing is resolved.
The break is nothing anyone could have foreseen.

I think you and your neighbor handled it perfectly. You don’t feel put out by having to pick up the whole tab and he doesn’t feel too bad about your tractor breaking cause he is paying for half the costs and helping repair the damage.

 

[zzvyb6]

So why can't the actual failure be mentioned ? Maybe some other owners here would like to know what could happen to their machine. Did a cup-holder break because you jammed a 16 oz. into a 12 oz. spot ? come on fess up.

 

[Trillium Farm]

#2 ... UNLESS .....Something the neighbor did (or didn't do) led to the issue. Maybe they didn't tell you about some metal rods that might be in that brush pile you needed to drive over.

That's how I feel too. There has to be negligence on the part of the neighbour to hold him accountable.

 

[Trillium Farm]

Let me clarify a point. The break down is neither operator error or simple wear and tear. It just happened, and would happen to anyone. No one is at fault. Think of something like a hose blowing or sheer pin breaking, etc. But bigger.
So this did happen to me this last Saturday. The tractor catastrophically broke down while mowing brush for my neighbor. It broke in a way that the tractor cannot move on its own. The repair is simple and will cost about $250 for the broken part.
My neighbor immediately told me that he was very sorry and would cover the cost of repair, and assist me in repairing it. Should only take about 30 minutes when the new part comes in. I suggested option 2, since its my tractor. We agreed to split it. I am just curious about your opinions. This whole thing is resolved.
The break is nothing anyone could have foreseen.

I think your neighbour was very generous and that both of you handled it well to keep future relations in good term.
Just because the machine broke down on his property doing normal work doesn't make him liable unless there is negligence on his part. Otherwise he'd be responsible for your negligence in maintenance or just your bad luck.

 

[TnAndy]

It痴 your tractor, you fix it and move on.

My vote as well. You're using it and breaks, it was going to break at your house too.

Only exception I could see is if the neighbor asked you to do something really stupid with it, and you were stupid enough to agreed to do it....then he might be on the hook for some partial amount.

 

[CobyRupert]

So why can't the actual failure be mentioned ? Maybe some other owners here would like to know what could happen to their machine. Did a cup-holder break because you jammed a 16 oz. into a 12 oz. spot ? come on fess up.

That would be catastrophic!
I understand why you couldn’t use the tractor if there’s no place for your 16oz!

 

[Avenger]

So why can't the actual failure be mentioned ? Maybe some other owners here would like to know what could happen to their machine. Did a cup-holder break because you jammed a 16 oz. into a 12 oz. spot ? come on fess up.

LOL! Yes, how'd ya know?! Those pesky 12oz cup holders.

I am hesitant to tell because it will be well documented in videos and on here in a future post when the the repair is completed. I am currently waiting for the part to come in. There has to be some sort of suspense.

But if you absolutely must know, the right-hand steering arm broke at the tie rod when I was turning around. It's 4 bolts and a castle nut, easy to get to, and should only take a few minutes to repair. The questions I pose have nothing to do with the actual break, but your opinion on what you would do if you were in this situation.

 

[Diggin It]

Why wouldn't that be a warranty issue?