SKGCRD wrote:
Larry
The thread took a turn towards commercial law, but none-the-less, I want to put out a call to anyone who can provide a CIVIL TRIAL example of someone who was sued for being over any given automotive or trailer manufacture’s weight rating. No commercial driver examples. I’m talking private citizens being sued in CIVIL court for towing while over a weight rating.
Another challenge which I found no results; Show us actual police reports that found the driver of an accident negligent (got a ticket) for towing while over any given weight rating.
For the record, just because I’m asking challenging questions doesn’t mean for one minute I am trying to justify abusing any given rating, for any product.
Attached is a site to search legal proceedings and their outcomes for all of Canada. I cannot find a single suit for exceeding MFGer suggested weights. BC law and its enforcement is known for excess. Float your boat Wilbor and Jimnlin!!! http://www.canlii.org/en/
Let me repeat what I said
"I can easily see how operating a vehicle outside the FMVSS certified limits could easily be considered "NEGLIGENT" or "RECKLESS" operation of a motor vehicle in a CIVIL and even a possible CRIMINAL legal proceeding."
In other words you probably won't find a case "BASED" just on exceeding some wt. number, but say in a wrongful death civil suit operating a vehicle outside it's designed and tested safety numbers (i.e. that FMVSS label numbers) could be one of what would probably be several "FACTORS" leading to a finding of the operator being negligent and thus responsible for the death of an individual. We all know that there is really no active "ENFORCEMENT" of weight laws/regulations like there might or might no be for say SPEED LIMITS ... However that still doesn't mean that they aren't a legal responsibility of us to follow or to accept the potential negative consequences of not following them.
I guess my whole point is that simply dismissing things such as the wt. ratings assigned by a vehicle manufacturer especially the GVWR number is IMO "FOOL HARDY". There is in fact some or I believe more than we know actual engineering that goes into establishing those numbers.
Larry
