Roll Over

[BobCorazza]

Wife's cousin in Ireland was recently killed in a tractor roll over. Seems he was using a neighbor's machine (no ROPS) and for some unknown reason ran off the road & rolled in a ditch. He was found some hours later. Apparently ROPS are required in Northern Ireland, at least the relatives say it is. As is frequently the case, this 45 (or so) year old man was raised operating heavy machinery.

 

[mark777]

Sorry to hear of your wifes loss.

I can't think of any other safety item as significant as ROPS and seat belt. I am seriously in the process of retro-fitting ROPS on the older tractors I own.

Regards, Mark

 

[Syncro]

<font color="blue"> "I am seriously in the process of retro-fitting ROPS on the older tractors I own." </font>

<font color="black"> </font> I've wonderd about liability when a ROPs is retrofited. I have one that came off a Ford 4000 that I was going to get rid of, but am a little worried to sell it because of possibly being sued if somebody got hurt.

 

[bluenoser]

I would remove it from the tractor but include it in the package. Let the new owner know that it's not a standard item for this tractor. The key in this case is probably full disclosure at the time of sale. Just my thoughts...but then again, I'm not a lawyer.

Take care
Dan

 

[mark777]

Syncro,

Yes, the liability is yours if you represent the ROPS as a structure that meets all federal and state requirements...

In your case, if you sell it, I would make sure that a bill of sale stated that it is a Ford 4000 ROPS. Any alteration to the structure that could cause injury would be on the part of the individual that made the changes, and not to the seller. And I am not an attorney either.

It has been talked about quite a bit in other posts and the general consensus is to call it a heavy duty light and canopy support if the equipment is designed and contracted out to a welder, fabricator, etc...

My first choice is to have one manufactured by the parent company (Yanmar, JD, Kubota, etc.). My second choice is to use my own design, which I have a mock up sitting in my shop. Here in lies my problem, and I think it is a big one, If I sell one of my tractors with the HD light-canopy AND seat belts than I have misrepresented the tractor as meeting all safety requirements.

It is a real Catch 22.

Good luck, Mark

 

[Syncro]

Thanks for the thoughts. I think I'm going to forget selling it and either leave it in the junk iron pile or try to use it for something else. Too bad because its really a pretty nice factory part, but the liability risk ain't worth it.

 

[Junkman]

You could sell it as scrap iron and there would be no liability involved. I believe that there is only liability when you sell a item that is installed, but not as a component that you have no control over as to how it is going to be used. If you sell it as scrap iron, how or what the purchaser does with it becomes their problem.

 

[KennyV]

If you feel it is sound enough to save your life in a roll over. Leave it on.

When you sell it you can:
(1) State what it is. Unless you are doing something recklessly neglecnt, why are you worried about liability.
(2) Take it off and feel safe from liability when you read about your buyer killing himself when rolling that tractor.

OR keep it forever so no one can be injured by your choice. (may not work anyway, as it could end up rusting away an incorporating into the ground water).

You are NEVER immune to legal hassles, but honesty and truth will go a long way toward peace of mind.
Fear terrorism and ignorance not lawyers and courts. KennyV.

 

[Syncro]

I may not have described it right. The ROPS is off of a tractor thar I no longer have. I sold a Ford 4000 a few years ago and the buyer did not want it, so I have it sitting behind the barn. I suppose I could sell it as 'scrap iron' but for the little I'd get it'd be more trouble than its worth. But thanks for the suggestions. /forums/images/graemlins/laugh.gif

 

[Henro]

Liablity?

What am I missing?

You have a factory part that you want to sell to someone who might be able to use it? Not homebrew or anything, but actuall factory part in an unmodified state?

Seems like any liablility would go to the manufacturer. Heck, you sold the tractor without the rops. Seems like that would be where the liability would be if it were to be found anywhere.

Why not just try to sell it for what it is? When I sell a car or anything else that is what I and probably what most of us here do...

Perhaps the liability thing came up because it was not clear that it is a factory part. Sell it for what it is, that is what I would do. "As is" would be a good idea though...just in case... /forums/images/graemlins/smile.gif