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Re: Insurance is going to ruin this hobby for me


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Posted by John T Country Lawyer on October 27, 2009 at 14:36:37 from (66.244.97.31):

In Reply to: Insurance is going to ruin this hobby for me posted by Mike CA on October 27, 2009 at 12:37:01:

Mike, believe me I HEAR YOU. As an attorney and tractor collector who participates in "parades" etc. these liability and insurance issues are often on my mind. I gave a Seminar at a Two Cylinder Expo some years back concerning Liability for tractor clubs and collectors....

Anytime you approach an insurance agent about any sort of one time or special event or a parade or hauling kids allllllllll the red flags go up and so do the rates. Im sure yall realize Liability for personal injury IS NOT the same as comprehensive insurance if your tractor burns up.

Its when you charge someone to furnish a service such as hauling them etc and someone gets hurt THATS WHEN YOUR POTENTIAL LIABILITY CAN REALLY COME INTO PLAY...The problem is even if you do it as a good deed no charge for the Girl Scouts if a kid gets hurt you still may be at risk..

Still a person should be held accountable for their actions and the basic TORT liability and negligence rests on the old saying my Torts teacher used to preach "The Defendant has a duty not to expose the Plaintiff to a reasonably forseeable risk of injury" Its a jury/fact question as to whats reasonable and forseeable and where kids are concerned jury sympathy cuts in favor of the injured child sooooooooo you really really gotta be careful...

As far as if say the scouting organizations insurance covers you personally I WOULDNT BET TOO MUCH ON THAT EITHER. I CAN TELL YOU THIS as far as insurance law is concerned ITS WHAT THE POLICY SAYS THAT COUNTS NOTTTTTTTT what the agent told you or myself or anyone here may think or believe, so again use caution in relying on what the scout leader or any lay person or the agent tells you.......

So whats the answer?? Sorry I have none for you other then USE CAUTION AND EXTREME CARE AND BE DILIGENT and even if someone gets hurt youre NOT necessarily liable, accidents happen, to be personally liable you have to have owed a duty (see above) and breached it which was the proximate cause of the injury. Now if you can and choose to insure against the risk I would also advise that but if the cost is prohibitive you goota either bow out or assume the risk yourself, but you already knew that..

Nowwwww dont shoot me the messenger, I didnt like many lawyers myself which is partly why I became one just so I could fend for myself and that was ONLY AFTER I had a "real life" first as an engineer and farmer and used tractor dealer.

Best wishes and good luck

John T The Country lawyer


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