Can I be sued??

[casey]

If I run my mower in the trailer, go and do the trimming, and some kid or adult touches the muffler on the mower as they're walking by and burns hand, can they sue? Am I liable?
Hasn't happened. Just wondering.

[Grassman]

Like everything in this country, it depends on the money. Whoever can afford the best attorney wins. Russ

[lawnman_scott]

yes. anyone can be sued. Will they win? dont know, but thats what insurance is for, if you dont have it i would get it, its not very expensive.

[lawnboy82]

dont mufflers on machines say HOT usually?

[Keith]

Usually. But that is assuming someone can read. Even if they can they may claim they can't.

It's like the Greenday video :) Everything needs a warning because there are a lot of people with no common sense.

[AndrewLawn]

ah.....green day,2nd best band in the world,only zebrahead tops 'em.

[Lawn DOG]

We have been sued! There are some really ignorant people in this world but they all understand the word "MONEY". In a split second someone can turn your world into a instant nightmare. Even though the person that sued us was totally in the wrong I still had legal fees and countless hours with attorneys. We won and it still cost me over $1000.00.The only real winner was the lawyers. I have insurance so I did not lose too much sleep. My only advise is to cover your a**. If we had been in the wrong someone could have taken us for alot of money but thats why you have insurance.

[joshua]

i would say you can be sued, but if someone ever touches my equepment and i see them i will call the police and have them arrested for attempt to steal my machines. think about it if someone touches what isn't theirs and they don't know you, what do you think they are doing.

[casey]

yea, but a little kid walking by on the street could reach over and touch the muffler on my Kawi.. It says hot but it's not real easy to see. I'm just wondering what the law would be on that. If I make the warning more visible would I be less likely liable.
Some kids were playing street hockey (Canada) near my trailer, and one kid was pretty near the machine looking for the ball.
Anyone use a mesh guard over the muffler?

[65hoss]

I occasionally catch some neighborhood kids climbing on my trailer. Seems as though a gate down just draws them to it. I will quickly run them off.

[turfguy33]

I'm scared to death of that.......I had a few neighborhood kids standing around my mower today on the trailer. I was mowing a yard across from it, and noticed the little rug rats gazing at it, I didn't say anything, but I kept a good eye on them.. They never got on the trailer or my mower, but still, I would be very pissed if someone attempted to sit on my mower

[Atlantic Lawn]

You sure can be sued. Will they win ? A real good chance they can. The wording most used in cases like this is" resonable and prudent"......You are a professional, you know how dangerous your equipment can be. Is it resonable and prudent for you to leave such dangerous equipment in easy reach of an innocent child ? You have the burden of responsability to keep this equpment out of easy reach of children. By the time the attorneys finished there opening statements every parent in the courtroom would think you were the big bad wolf after there poor child. The only mater to decide would be the amount of damages awarded, and that would vary with the severity of the injury. Sorry to say that is the way the world is today in some places.

[lawrence stone]

Some guy from an unknown part of canada asks a legal question and he gets 11 replies from guys that mow lawns in the US.

Maybe this should be on your sig line:

I am not a lawyer but I play one on lawnsite.

[cos]

I think it would be the fault of the parents for not keeping an eye on their children. Why would any kid climb on your trailer and touch anything that wasn't theirs? because the parents weren't watching them nor were they taught to leave well enough alone.


MY .02

[Grassman]

Hey Stone, how many lawyers do you think frequent LawnSite? Russ

[casey]

I put a mesh cage over the muffler that could be accessable to some kid walking by just in case. If he touches the cage he'll get burned but not nearly as badly.
Thanks for the replies.
Toronto, Canada.

Vince At The Buzzer!!!

[jcoat]

Let me tell you an insurance story... My father-in-law is an insurance guy. He told me this story and I think about it everytime I come across a bunch of small children in neighborhoods. He has some upstanding policyholders who were driving carefully through a neighborhood. They come to a complete stop @ a stop sign, see a 10 year old child riding his bike toward them and decide to remain stopped. Well, the kid proceeds, loses control of his bike, t-bones their car, his parents come outside and SUE these people. End of story has them settling for an undisclosed amount of money w/ the insurance company. Bottom line: You're more than likely going to have a potential liability @ some time or another, so take precautions to avoid as many as possible. Put up safety signs, lock the gear, have hot parts in the trailer or cage and hope that common sense is on the side of the parent (which 9/10 isn't the case) when their child is burned or hurt. My .02. Happy mowing!