Re: roped off displays

Posted by John T on December 07, 2006 at 11:30:29 from (66.244.90.5):

In Reply to: roped off displays posted by molly hatchet on December 07, 2006 at 08:11:38:

Molly, as an Attorney and long time antique tractor show exhibitor, I can tell ya that roping off for safety reasons, is unfortunately, a necessity nowadays buttttttt a practice I certainly believe in regardless to reduce the risk of injury. DONT BLAME ME, IM JUST A RETIRED COUNTRY LAWYER I DIDNT MAKE THE LAWS LOL.

The law of personal injury and negligence and liability concerns the legally imposed duty placed on individuals to "Not expose the plaintiff to a "Reasonably Foreseeable" Risk of Injury. The degree of duty owed varies widely dependant upon say an ordinary homeowner or a business and that due to a tresspasser which is wayyyyyyyyyy less with others such as an attractive nuisance like a backyard swimming pool which normally attracts yougsters (better build a good high fence around it to lessen potential liability)

The law would likely consider moving parts of machinery to pose a forseeable risk of harm, especially to naturally curious young spectators. Therefore, when you take steps like erecting barricades n ropes etc so as to lessen or minimize such a risk, you are taking reasonable steps to prevent such harm and doing right by the law plus reducing potential liability.

I gave a seminar once at a John Deere Two Cylinder Expo where I was discussing the potential liability exhibitors or clubs might be exposed to in cases of imjury. Some basic advice in a nutshell would be for the club or exhibitors to discuss, plan for, be aware of potential hazards and take steps to prevent them such as ropes n barriers. Just cuz someone is injured (accidents do happen) dont necessarily mean another is legally liable, to be liable it has to first be shown the defendant owed a certain duty of care to the plaintiff, that he breached that duty of care, and that such was the proximate cause of the injury........ (Brings back memories of Mrs. Palsgraff versus Long Island Railroad lol)

Soooooooooo my free advice is to take such steps which can reduce the risk of injury (clubs and individuals),,,,,,,,have good blanket liability insurance coverage,,,,,,,,,,,,exercise good diligence n safety procedures....

John T (Retired Electrical Enginner n Country Lawyer)

Replies:

• Re: roped off displays molly hatchet 12:03:14 12/07/06 (0)
• Re: roped off displays Dandy Don 11:52:13 12/07/06 (1)
  • Re: roped off displays John T 13:01:45 12/07/06 (0)

Add a Reply Name: E-Mail: Subject: Comments: Optional Link URL: Link Title: Optional Image URL: Email Notification: If you check this box, email will be sent to you whenever someone replies to this message. Your email address must be entered above to receive notification. This notification will be cancelled automatically after 2 weeks.

TRACTOR PARTS	TRACTOR MANUALS

We sell tractor parts!  We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]