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Tractor Talk Discussion Forum

Tractor Safety Revisited

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IaGary

08-03-2006 14:39:35




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Neighbor left his newer ford tractor with cab and loader sitting on a rented farm where the house was rented by another family.

The house renter decided to take his toddler for a ride down the road.

Somehow the toddler hit the hydraulic lever going down the gravel road at about 15 mile an hour and the bale tines dug right in.

Kid was hurt pretty bad and the father hurt also when he hit the steering wheel.

Tore the loader off the tractor and other damage to the tune of $22,000.

And the house renter doesn't feel he owes a dime for the damage.

Gary

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Ohio Mike

08-04-2006 17:27:24




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 14:39:35  
Tell the neighbor to contact a good lawyer and get legal advice for your area. Could end up nasty costly battle. If it was me I would be worried and would want to know legal obligations. Just my two cents,good luck.



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Lou

08-04-2006 08:13:26




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 14:39:35  
Story like this makes a battery disconect look cheap.



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Billy NY

08-04-2006 08:09:05




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 14:39:35  
Loader had tines on it and the kid must have grabbed the lever, assuming the tractor must have flipped, just the thought of catching a loader bucket on something while at that speed is unreal.

I was running a 977-L cat on a jobsite years ago and the super on the site had asked where I leave the key, and I said well on these they are all the same, I left the master switch key where he could find it, but told him be real careful, he wanted to take his kid for a ride on a saturday. I said I don't know anything if something goes wrong and again said be real careful, he was I left the site well graded and when I came in on monday, it did not look like he spent much time fooling around, but you never know someones ability and mind for safety.

We had a guy taking our tractor down the road to get beer, dear ole dad away from the place, no clue, same jerk, he hired and I fired, the liability of it being on the road if something happened, we'd lose the place over it I'm sure.

I can't imagine how twisted this incident will get in court. It's one thing if you have permission or the owner knows you are competent, but taking a child out with you, going road speed, boy that is just plain stupid.

I had just borrowed a late model rental hoe off work hours and weekends from a subcontractor who was working on the powerline easement, their insurance too, saved the guy quite a bit by taking the fill from the hole they drilled for a tower. But I'm not stranger to these machines, even let the rental house knoow I had it, only moved it, they were across the road, when traffice was low, early morning or at night for safety, kept it greased and the cab cleaned, fueled up and same when I returned it.

Attractive nuisance or not, people like that cause needless injury and ruin it for others, say when you might need to borrow something in a pinch, yeah everyone is an operator, I kick everyone off our equipment at the farm, can't trust them, but that is all they want to do is sit in the seat, not a lot of tractor work, still try and sit in the seat though, attractive pain in the A$$ !

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John S-B

08-03-2006 21:25:32




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 14:39:35  
I'd see about having the guy charged with child endangerment also. Your state likely has child seat laws and he obviously did not heed them. Also what kind of warning stickers are in and on the tractor? Since the father is probably an adult I don't think attractive nuisance is justifiable, he should be able to make an ADULT decision about staying off of property that's not his!



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dr.sportster

08-03-2006 18:57:03




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 14:39:35  
The guys lawyer is going to claim an attractive nuisance was created by the tractor.Ive seen this ridiculousness before.



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super99

08-03-2006 17:43:23




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 14:39:35  
Next time, take the key out and put it in his pocket. A battery disconnect would have stopped it.



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Davis In SC

08-03-2006 15:47:13




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 14:39:35  
It would not surprise me, if the guy that stole the tractor, winds up suing, & getting a chunk of $$$$ for their injuries. The legal system seems to work backwards...



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MN Bob

08-03-2006 14:57:54




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 14:39:35  
And a thief by any other name is still a thief. Regardless he was taking the kid for a ride, it was without permission (assumption, correct?) and that makes it theft just like a joy ride in a stolen car. I had a neighbor that I trusted, ask him to watch because I felt someone was using a tractor while I was gone, (120 Miles from home). Finally let the word out I was going on vacation for a week, snuck in and lo and behold, it was the neighbor and he LAUGHED at me. Didnt laugh at the judge though. Hope the kid recovers with no permanent damage. Bob

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CLW

08-03-2006 14:54:33




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 14:39:35  
Why would that not be theft? How could he say he don't owe anything?



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IaGary

08-03-2006 15:00:13




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 Re: Tractor Safety Revisited in reply to CLW, 08-03-2006 14:54:33  
Good question and yes no permission was given to go for a ride.



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old

08-03-2006 15:13:12




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 Re: Tractor Safety Revisited in reply to IaGary, 08-03-2006 15:00:13  
Sounds like its time to call in the cops and lawers and let them sort it all out.



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