Finally got weights from CAT scale
I had posted another thread last week about towing my 37' Grand Design Reflection with my F250...there were lots of posts with lots of good feedback. I was finally able to get my rig to the nearest C...
Forum Discussion
avvidclif1 wrote:ramgunner wrote:avvidclif1 wrote:
Everyone is stuck on the legal issue...
CITE ME ONE INSTANCE WHERE SOMEONE HAS BEEN SUED FOR BEING OVERWEIGHT!!
Put up or shut up.
While you are at it quote the law regarding enforcement of GVWR in a non commercial situation.
The points I posted come from a conversation that I had with a lawyer who happens to tow a large TH (Voltage). Those are points that he made, and they are good ones.
I contacted him last night I asked him if he knows of specific cases, and he pointed me to a couple of other lawyers he knows of that have handled such cases. I have contacted them to get specific info where exceeding weight ratings came up, but as I am not a client or potential client it might take a while before I hear back.
I also mentioned some of the items from this thread. He basically said that in such a case, if someone was over any of their weight ratings, it could certainly go to proving negligence - especially if they were ever provided any warning in any form - in the minds of the jury.
What are the odds that your worst day will come to that point? Depends on how many assets you have that you want to risk, and also how would feel knowing that someone - in another vehicle or in yours - was seriously injured or killed in such a situation. Knowing that you have done everything on your part to be safe might let you sleep a little easier.
Been asking that question for several years and still don't have an answer or court case.
Until you have one I will classify your info as rumor.
whether there is a documented case or not is irrelevant. If you think a savvy lawyer won't use the fact that an overloaded rig exceeded the manufacturers ratings to his advantage your being naive.
If you think a jury doesn't understand never exceed rating "X" your being naive.
The point of the GVWR is all about liability. The manufacturers are absolving themselves from liability if you exceed the ratings.
Consequently the operator assumes more of the liability when they choose to ignore what the manufacturer has stated and exceed the ratings.
Assuming that there has never been a civil case involving a rig exceeding its GVW does not mean it can't happen.
In the litigious society we live in someone has to be the first;)
