As an attorney I love these legal questions to see everyone come out of the woodwork with their well intentioned lay opinions, some of which are pretty darn good, others maybe not so good lol. This is a question best trusted to a local attorney familiar with your states laws, although you are indeed correct, even such is JUST AN OPINION even though it is a professional educated one versus that of a lay person like your brother in law lol. HOWEVER this invloves a fairly well settled area of the law and a Judge would apply the facts (as found by himself or a jury) to such well settled law to render a Judgment. What myself or the attorney you mentioend thinks is worthless if a Judge rules otherwise subject to an appeal for error. Attorneys are qualified AND COMPETENT to render "expert legal opinions" while any lay person can render a lay opinion of course, hey its as free country right !!!!!!!
Several years ago I was asked to give a Seminar at the Two Cylinder Expo in Iowa on this topic and I havent looked at my notes since but do recall a few things. I think what the attorney you mentioned is alluding to (as best I recall NO WARRANTY without doing research in your state) is that in general the members of an "association" are not necessarily liable for the torts of an individual member....... What this means is if a member of the tractor club/association is liable for an injury he caused, that dont mean the whole club or president of the club etc is also liable, it doesnt mean they cant be joined in a suit, of course everyone under the sun will be joined looking for the deep pockets and/or an insurance company. Still if the fact finder determines say the president of the club/association was negligent in hiring Billy Bob (a derelict with no tractor experiecne) to give kids tractor rides and he injures a kid LOOK OUT MR PRESIDENT... Tort law is pretty complicated, there are libraries filled with it, it sure cant be covered here
Then theres the whole corporate law situation which also affords some degree of protection.
Then theres GROSS NEGLIGENCE versus ordinay Negligence and if its found to be GROSS the liabilty can indeed be stricter as it should be in my opinion
Theres several tips (to avoid liability) I gave at the seminar but Im NOT gonna open that whole can of worms, its beyond the scope of these tractor boards and Im not gonna do all that research for here either as anything Id say would still be just an OPINION albeit a professional one
Im more into helpin fix tractors and electrical problems as I was an electrical engineer most of my career and long before this semi retirement legal gig........
CONSULT LOCAL COUNSEL AND MORE THEN ONE AND DONT HANG YOUR HAT ON MUCH HERE, THIS IS TOO IMPORTANT.......
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