Mark, that depends on where you live. Here? Yea, they would get their day in court. And with a jury odds are that at least 70% will be town folks or people who live on 5 acres outside of town who have no idea about just helping someone out.
The basic basis of a law suit is they have to have physical or emotional damages, like a bent control arm or cracked bumper. Then you, as the person who pulled them out has to have a duty. In this case the duty would be to tow the vehicle out without causing any additional damages. For them to sue they have to be able to claim that you did not meet that duty. In steps the repair guy and/or insurance adjuster as expert witnesses claiming that a certain amount of the damage was sustained in the process of getting the vehicle out of the ditch or snowbank. Now you have to prove you didn't cause the damage. By the time this has happened most like the vehicle is either repaired or it's been scrapped and is gone. So a 2nd opinion isn't possible. The burden of proof is now on you. Now add in that unlike most criminal cases the jury doesn't have to vote 100% to convict in most states. Some are a simple majority and others are like 2/3rds or 70% to find for the plaintiff. And people have gotten sue happy. They see some guy with a big shiny RED tractor that's worth as much as their house and assume the owner has money to burn. That guy can obviously afford to at least pay the deductible if not the whole repair keeping their insurance from going up! That's the same reason as in the other post about stealing, they don't think a farmer is going to miss a couple dozen ears of corn so they can have decorations for their home. "Heck they have all that land and thousands if not 100's of thousands of dollars worth of equipment and own all that land"! It isn't hard today for a used shiny RED tractor to be worth more than that town person's home :shock: ! Lot of folks who will sit on a jury think the same way!
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Today's Featured Article - History of the Nuffield Tractor - by Anthony West. The Nuffield tractor story started in early 1945. The British government still reeling from the effects of the war on the economy, approached the Nuffield organization to see if they would design and build an "ALL NEW" British built wheeled tractor, suitable for both British and world farming.
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