Quote:
Originally Posted by Mr. Adventure
Harvey,
You're way out of bounds here.
First, you're not a lawyer and you shouldn't be giving people legal advice. You can't spell "civil suit" let alone address the issues involved in establishing the proper case for one. You certainly can't guarantee ANYTHING.
Second, If you happen to know of a single case anywhere in America where a trial judge had the attention span to get down to the liabilities presented by a recreational vehicle that's 15% overweight to make it "criminal negligence", please share it with us. Our TrailManor owners have trouble figuring through the numbing details of these things, and I'd be surprised to hear of police or judges who weren't satisfied with "failure to maintain control of a motor vehicle", "driving too fast for conditions", or "following too closely behind another vehicle" in favor of much harder to prove charges.
And Third, There are a lot of variables, some of which can cause accidents and some which just cause transmission repairs, and it's not always easy to know which is which. The presence or absence of a transmission cooler doesn't seem like a safety item to me.
Let's allow the justice meted by our wives and warranty holders to prevail in cases of equipment failures, instead of prematurely involving the lawyers and courts!
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Are you telling this person that it is OK to tow with this vehicle or just spouting off? Sounds like you are the one giving "Legal advise" here.
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Not referring to this particular poster or circumstances....... If someone were to hit my family car and one of my family were injured or killed and I found out that the vehicle hit us because it were unable to stop due to towing a trailer that the vehicle was not rated to tow, charges
would be filed. If this vehicle was a company owned vehicle, that company, the driver, the insurance company and anyone that I could find that advised the driver that is was "OK" would be named in a suit.......trust me.
BTW........I never said that a suit would prevail. However, if I were an employer and one of my employees got me involved in a law suit (over something like this), I would not be happy.
THAT was my point......