Is the restorer legally responsible ??

[weq92f]

Definitely consult a law professional.

However... a personal friend of mine went to court and won against the seller of a Harley who didn't disclose a modification ( lowering ) that limited the bikes turning radius due to interference with the ground. My buddy crashed the bike and nearly died.

Not exactly the same thing, but is a good example of complex liability case.

-klb

[Grumpy old man]

A restoration shop would have insurance , And would have to be grossly negligent to to be held liable for anything over their insurance . if the "truck" was sold by the original customer it's his baby especially if he knew about a serious defect . Lawyers always go after the deepest pockets . Without knowing the specifics it's all up for debate , INC ? LLC ? Sole proprietor ? Sold as is, where is ? What it all really boils down to is there enough money or assets for any attorney to try to sue for ? Anyone who sells an antique car or truck without having the buyer sign an as is, where is contract is crazy .

edit : if you go asking the shop questions about liability you'll be signing a release before it leaves their building , the back yard guy will probably tell you to pick it up with a trailer and stop right where he is if he's smart .

[Stocker]

Originally Posted by Grumpy old man

edit : if you go asking the shop questions about liability you'll be signing a release before it leaves their building , the back yard guy will probably tell you to pick it up with a trailer and stop right where he is if he's smart .

Exactly!! And there's a good chance the cost of the job just went up....

[Elliot949]

Originally Posted by weq92f

Definitely consult a law professional.

However... a personal friend of mine went to court and won against the seller of a Harley who didn't disclose a modification ( lowering ) that limited the bikes turning radius due to interference with the ground. My buddy crashed the bike and nearly died.

Not exactly the same thing, but is a good example of complex liability case.

-klb

That blows that the shop was held accountable for a rider that clearly didn't know how to ride the bike he bought... Just saying... I would bet he knew dayam well the bike had been lowered and if he hadn't been "pushing" the bike to its limits then it would not have happened...

People and there ridiculous entitlement lawsuits out for a dollar... This country has gone crazy on lawsuits and not accepting responsibility for their own responsibilities...

[Rich69shortfleet]

Originally Posted by weq92f

However... a personal friend of mine went to court and won against the seller of a Harley who didn't disclose a modification ( lowering ) that limited the bikes turning radius due to interference with the ground. My buddy crashed the bike and nearly died.

Kind of sad that he won in a way (sorry that he got hurt but I'm making a point here). If he wasn't aware of the capabilities of a modified vehicle before he swung a leg over it and drove away I'd think he AT LEAST should share in the liability.

But honestly, who designs a modified bike that can't take a reasonable corner without dragging the frame on the ground? (which is what I suspect was the problem) But then, who buys and rides one without knowing what it can and cannot do?

[weq92f]

Originally Posted by Rich69shortfleet

Kind of sad that he won in a way (sorry that he got hurt but I'm making a point here). If he wasn't aware of the capabilities of a modified vehicle before he swung a leg over it and drove away I'd think he AT LEAST should share in the liability.

But honestly, who designs a modified bike that can't take a reasonable corner without dragging the frame on the ground? (which is what I suspect was the problem) But then, who buys and rides one without knowing what it can and cannot do?

Just for a bit of clarification:

In this case, it was a frame modification. The turn radius reduction was unknown until the accident, by all parties involved. It was not a dealer or shop but rather a sale between individuals.

The reduction wasn't much as the frame was lowered only slightly. The accident site was on a very tight curve on a mountain road and it occurred quite a while after the original sale of the bike. Experienced rider. He knew the bike should have made the turn.

-klb