Jump to content

Nominations for Tractor of the Month
Garden Tractors and Parts on eBay



Photo
- - - - -

Who Is Responsible?


  • Please log in to reply
32 replies to this topic

#1 johndeereelfman OFFLINE  

johndeereelfman

    Elfin Majic

  • Senior Member
  • Contributor
  • Member No: 3761
  • 5,480 Thanks
  • 2,535 posts
  • Location: Lititz, PA

Posted August 01, 2014 - 10:50 AM

If you are driving down the road and pass a homeowner mower their grass with a lawn tractor, and while passing them, a stone flies out of the mower deck and dents your vehicle or chips your windshield. Who is responsible for paying for the damages, you or them?

 

Same case sinerio, except the stone hits you in the eye or the side of your head. Are you responsible for the medical bills if you need to go to the Doctor?

 

How about if you are passing a homeowner and they run over a newspaper with their lawn tractor, and the sound of them hitting it or the debri of the paper shooting out from the deck scares the crap out of you so much that you swerve into the other lane and side swipe an oncoming car. Again, who is responsible for paying for the damages?

 

None of these instances have happened to me, but I think about them each time I pass a homeowner who is mowing, most of which have the mower discharge deflector removed or tied in the upright position, and wonder would they be responsible if they damaged someone's vehicle if they threw a stone? People need to be more considerate when facing the mower discharge towards the road. I realize they do it to try and cut down on the amount of grass clippings laying in their yard, but in most cases, this just falls under the too lazy or just down right stupidity category. I thought about calling my local police department just to see who would be responsible for bills, but I figured I would only be accused of taking up their time, and would be told to call them only when or if the problem ever came about. I do however, think this is a very legitimate question.  

 

I travel 21 miles to and from work, all of which are back country roads. Just about every homeowner I pass, all have lawn tractors, and it never fails. Each one of them always have the discharge pointed towards the road, and none of them ever stop the mower whenever a vehicle is about to pass them. I'm also surprised at the amount of people who don't pick up their newspaper, and just run over it with the lawn mower. Why subscribe to it if you aren't going to read it? 

 

Just wanted to throw this out there, and maybe give some of you something to think about next time you're out mowing your lawn. 

 

P.S. - Maybe I should have posted this in the Safety Thread. If it's better fitted for there, then by all means, change it over to there Moderators. 


  • Bolens 1000, GTTinkerer, trowel and 4 others have said thanks

#2 VintageIronCollector OFFLINE  

VintageIronCollector

    Immersed in Tractors

  • Senior Member
  • Contributor
  • Member No: 33118
  • 1,267 Thanks
  • 1,768 posts
  • Location: New Freedom, PA

Posted August 01, 2014 - 10:57 AM

Where I live it's actually illegal to blow grass on the road because cars could slip on it if there was enough on the road. You'll get a fine and mower taken away so if there was grass on the road I'd say that they are responsible because they were braking the law.

Edited by VintageIronCollector, August 01, 2014 - 10:58 AM.

  • johndeereelfman and trowel have said thanks

#3 Canawler OFFLINE  

Canawler

    Member

  • Senior Member
  • -GTt Supporter-
  • Contributor
  • Member No: 1273
  • 1,893 Thanks
  • 1,750 posts
  • Location: York, PA

Posted August 01, 2014 - 11:30 AM

Same here, there's an ordinance against blowing your grass onto the road. As far as I'm concerned the homeowner is obviously responsible for any physical damage to your car caused by flying debris. If you swerve due to being surprised, you're unfortunately going to be at fault. In this day and age, the mower operator, homeowner, and mower manufacturer could probably all be sued.... maybe even the blade manufacturer and the place that sold the gas, too... ;-)
  • IamSherwood, johndeereelfman and propane1 have said thanks

#4 jd.rasentrac ONLINE  

jd.rasentrac

    Admirer of DEERE enjoyneering and design!

  • Senior Member
  • Contributor
  • Member No: 10327
  • 4,444 Thanks
  • 3,991 posts
  • Location: Niedervorschütz, Hessen, Deutschland

Posted August 01, 2014 - 11:30 AM

In germany, the homeowner, respectively his public liability insurance has to pay.


  • johndeereelfman and trowel have said thanks

#5 MH81 ONLINE  

MH81

    Proud to be Deplorable

  • Staff Admin
  • Staff
  • -GTt Supporter-
  • Contributor
  • Member No: 802
  • 27,292 Thanks
  • 28,625 posts
  • Location: N. W. PA

Posted August 01, 2014 - 12:18 PM

Troy,
I believe it would possibly be the person operating the mower (negligence because they aimed the chute towards the road against their owners manual advice).
If they have the chute tied up, it could be gross negligence because damage would be more apt to happen thru a willful act of disabling a safety device as well as disregarding the advice and wisdom of the manual.
  • GTTinkerer, johndeereelfman and trowel have said thanks

#6 BairleaFarm OFFLINE  

BairleaFarm

    Member

  • Senior Member
  • -GTt Supporter-
  • Member No: 8328
  • 1,201 Thanks
  • 1,725 posts

Posted August 01, 2014 - 12:23 PM

You are.  I always stop the tractor(blades still spinning) when a car or bikers pass.


  • GTTinkerer, johndeereelfman and WNYTractorTinkerer have said thanks

#7 HANKG ONLINE  

HANKG
  • Senior Member
  • -GTt Supporter-
  • Contributor
  • Member No: 29484
  • 4,889 Thanks
  • 2,794 posts
  • Location: Pt.Pleasant N.J.

Posted August 01, 2014 - 01:47 PM

Are the police so busy in Lititz Pa .that  they can't answer a simple question brought forth by a citizen who pay's their salary ? It would be my guess that the homeowner's insurance would be responsible If  you were walking by and were hit by something . If you were in a car probably your auto insurance would pick up the damage if you are properly covered again I'm guessing.


  • johndeereelfman said thank you

#8 TAHOE ONLINE  

TAHOE
  • Senior Member
  • -GTt Supporter-
  • Contributor
  • Member No: 24522
  • 6,488 Thanks
  • 4,947 posts
  • Location: "Hamiltucky" Ohio

Posted August 01, 2014 - 01:54 PM

You are.  I always stop the tractor(blades still spinning) when a car or bikers pass.

 

I don't stop blades, but do stop moving to let car pass.

 

Funny though, home owner is responsible for throwing a rock ,but dump trucks can get away with the sign on the back of their trucks... " Not responsible for falling debris from truck" or something like that when they break a windshield form a rock that comes out of their bed or from a tire.


  • GTTinkerer and johndeereelfman have said thanks

#9 BairleaFarm OFFLINE  

BairleaFarm

    Member

  • Senior Member
  • -GTt Supporter-
  • Member No: 8328
  • 1,201 Thanks
  • 1,725 posts

Posted August 01, 2014 - 01:55 PM

They are still responsible. Now adays everything has to be tarped.
  • johndeereelfman said thank you

#10 farmer john OFFLINE  

farmer john
  • Senior Member
  • Member No: 11605
  • 1,716 Thanks
  • 871 posts
  • Location: hamilton canada

Posted August 01, 2014 - 02:19 PM

i love these people that put up signs, it makes them so easy to sue, its like a beware of dog sign, your acknowledging your dog is dangerous, and simply putting up a sign is not due diligence, not responsible for falling rocks off your truck, what about your circle check? the only reason put up signs is because its happened before, i could say more about these people but would probably get a warning point!


  • Gtractor and johndeereelfman have said thanks

#11 Gtractor ONLINE  

Gtractor

    The Tractor Hoarder

  • Senior Member
  • -GTt Supporter-
  • Contributor
  • Member No: 782
  • 6,623 Thanks
  • 3,917 posts
  • Location: Chillicothe, MO

Posted August 01, 2014 - 02:36 PM

Missouri's law on dump truck originated flying rocks clearly says if the only damage is broken glass - too bad, so sad. 

You buy your own windshield. 

- however-

If there is other damage the dump truck is responsible.  So all you have to do is claim this "rock chip" near the front of the hood was also done by that same truck and you've legally just turned the tables.  :shoot2:

Now how many cars on the road don't have any rock chips?   Pretty easy to get your new windshield paid for.

To quote one lawyer:  "Honesty has no place in a court of law".

 

And Farmer John is correct. Don't put up a sign that admits guilt.....

The sign should say:

"Guard dog on duty"

Missouri's slogan is "the show-me state"

I say its the sue me state   :(


Edited by Gtractor, August 01, 2014 - 02:40 PM.

  • johndeereelfman said thank you

#12 BTS OFFLINE  

BTS

    Make Stuff Up

  • Senior Member
  • Contributor
  • Member No: 11851
  • 2,735 Thanks
  • 1,729 posts
  • Location: BURNS KS

Posted August 01, 2014 - 02:43 PM

I was driving through town and someone was weed eater on the curb. It through a rock and knocked out the back passenger side window.

I heard something hit but I did not notice until I got home, the window was still in tacked but it was shattered.

I didn't go back, the old car is junk and going to the scrap anyway


  • johndeereelfman said thank you

#13 twostep OFFLINE  

twostep

    Rockstar

  • Senior Member
  • Contributor
  • Member No: 10198
  • 1,850 Thanks
  • 2,476 posts
  • Location: Berea, KY

Posted August 01, 2014 - 03:06 PM

I travel 21 miles to and from work, all of which are back country roads. Just about every homeowner I pass, all have lawn tractors, and it never fails. Each one of them always have the discharge pointed towards the road, and none of them ever stop the mower whenever a vehicle is about to pass them. I'm also surprised at the amount of people who don't pick up their newspaper, and just run over it with the lawn mower. Why subscribe to it if you aren't going to read it? 

 

I blow my cliping back into my yard... why get rid of thar organic material???

 

Where I live it's actually illegal to blow grass on the road because cars could slip on it if there was enough on the road. You'll get a fine and mower taken away so if there was grass on the road I'd say that they are responsible because they were braking the law.

 

ironic that his is in a place with the word "freedom" in it's name.

 

I don't stop blades, but do stop moving to let car pass.

 

Funny though, home owner is responsible for throwing a rock ,but dump trucks can get away with the sign on the back of their trucks... " Not responsible for falling debris from truck" or something like that when they break a windshield form a rock that comes out of their bed or from a tire.

 

My understanding of KY law is that they are liable... that sign means nothing. If the debris comes straight from the truck  but if it bounces off the roadway they are no longer liable...  hence the "stay back 200ft" signs.


  • johndeereelfman, trowel and VintageIronCollector have said thanks

#14 daytime dave OFFLINE  

daytime dave

    Live long and prosper

  • Senior Member
  • -GTt Supporter-
  • Contributor
  • Member No: 531
  • 4,485 Thanks
  • 6,353 posts
  • Location: Upstate NY

Posted August 01, 2014 - 03:12 PM

I was driving down a country road in my fiance's car and I saw a man on a John Deere mowing.  He was on a high spot that the mower deck was about the same height as my head.  As I looked, a pretty decent rock shot out and hit the front of the car.  It didn't feel like much and I kept going.  Later, we looked at it and it was a pretty bad impact.  Her insurance took care of it no problem.

 

Had I returned to his residence, his homeowner's would cover it.  I'm just glad it didn't hit me.  I had the window down as usual.  That's the only time I have ever had that happen.  If you cause damage, even not intending to, you are responsible.  That's a good reason to have insurance. 


  • johndeereelfman, trowel and VintageIronCollector have said thanks

#15 richwoodrocket ONLINE  

richwoodrocket

    16 year old JD lover

  • Senior Member
  • Contributor
  • Member No: 57205
  • 147 Thanks
  • 177 posts
  • Location: Hamburg, NY

Posted August 01, 2014 - 03:25 PM

I'm not aware of any ordinance like that in my area, but I don't have any area to mow next to the road. (At least on my lawn)
When I am mowing someone's lawn next to the road I always point the discharge away from the road.
  • johndeereelfman said thank you




Top