Borrow my tractor......

[fishman]

I have to tell you, I read the other thread regarding loaning out tractors and thought, Wow, I'm glad I don't know anybody around here so crass as to ask to borrow my tractor. Well I was wrong.

My newest neighbor sent his pregnant wife over (oh, she was carrying their other child too) to ask if he could "borrow my tractor for tomorrow". Previously, I had offered to help him clean up the horrendous mess he made by cutting down half the trees in his yard and leaving the tops lay, but that is another story. She asked it in a way that sounded like she was asking to borrow say, a cup of sugar or something.

Anyway, I was a bit stunned, but I remembered the advice I read here so I said I couldn't loan it out for liability reasons. Anyway, she said that's what she thought I'd say and she would go back down there and tell him. I said I'd be around on the weekend and that I could probably help with a small chore then. She said well maybe, but he really wanted to clean out the pig pens tomorrow. Pig poo!? On my tractor!? /forums/images/graemlins/shocked.gif No way!

Actually, I've seen the guys "pig pen" and it's just some pallets nailed together. They're full of mucky water and stink to high heaven (don't ask me how I know) /forums/images/graemlins/tongue.gif Seems he'd shoveled all of the poo from one pen to the other to make it easier to get to with the tractor, BEFORE sending her up to ask me to borrow it.

Did I mention this was the same guy that laughed at my tractor to my face the week before and said "Oh, I thought you had a real tractor like a big Case or something". He wasn't joking, he was serious. /forums/images/graemlins/mad.gif

Anyway, they haven't been up to the house now for about three weeks so I guess I must have ticked them off. Oh well.

 

[JDgreen227]

Fishman,

If you have neighbors who laugh at your choice of tractor but still want to borrow it to clean up a pig pen I have to REALLY feel sorry for you. I can't imagine living near someone that inconsiderate and hope you will not let them borrow anything in the future, or offer to help. If they are ticked off at you it shows what kind of people they really are AND you can do without their kind.

 

[cowboydoc]

I don't think I'd ever loan anything to anyone who would send his pregnant wife with kid in tow to ask. Doesn't say much for his character.

 

[dieselsmoke1]

Just to provide the rest of the story and show how cloudy the "borrow my tractor" issue can get, I had promised to help my friend with his project and time comes and I've got the funk. I think jwpinck said it best "**** I'm in a tight spot". Do you go back on your word to a friend because you are sick and can't participate while the piece he really needs sits parked in the garage, with or without you?

I couldn't do it.

 

[Jeff396]

<font color="blue"> Do you go back on your word to a friend because you are sick and can't participate </font>

If you told him he could borrow your tractor then you don't go back on your word.

If you told him "you" would use your tractor to help him and you pulled up sick it's not the same thing. You wouldn't be going back on your word. Wouldn't be any different than if the tractor broke down and couldn't be used. Stuff happens!!

When they start making the payments I'll start feeling guilty about not being available when they need it. Until then, it's at my convenience. That's still gotta be better than the wheel barrow/shovel alternative. /forums/images/graemlins/crazy.gif

Jeff

 

[Junkman]

</font><font color="blue" class="small">( ..................... they haven't been up to the house now for about three weeks so I guess I must have ticked them off. Oh well. )</font>

I think that you made better neighbors out of them!!!!! /forums/images/graemlins/grin.gif

 

[fishman]

<font color="blue"> I think that you made better neighbors out of them!!!!!
</font>

/forums/images/graemlins/laugh.gif /forums/images/graemlins/laugh.gif /forums/images/graemlins/laugh.gif

Thanks Junkman, that's a good way to look at it!

 

[fishman]

JD and Cowboy,

Thanks for the support. Never had to deal with such inconsiderate neighbors. It's not like I haven't tried to be a good neighbor, but good grief. I could go on and on, but I don't want to highjack Diesel's thread.

Hopefully, there won't be enough problems to warrant starting my own thread. /forums/images/graemlins/crazy.gif Mdbarb's problems come to mind for some reason. /forums/images/graemlins/shocked.gif

 

[Docsknotinn]

Sounds like you sure handled that one right. Personally I'd never loan my tractor, no way. I sure wouldnt loan it to any one who sent his wife, let alone a pregnant wife to do his light work. Good grief. I offer occasionally to help out others but even than can be a real pain if you damage your equipment hel;ping some one out you just didnt want to loan yopur tractor to.

 

[Docsknotinn]

Sounds like you sure handled that one right. Personally I'd never loan my tractor, no way. I sure wouldnt loan it to any one who sent his wife, let alone a pregnant wife to do his light work. Good grief. I offer occasionally to help out others but even than can be a real pain if you damage your equipment helping some one out you just didnt want to loan your tractor to.

 

[Old_Hickory]

I do not even like to ask to borrow something from others and I have not ever borrowed very much in my life,if I think I might need something I go buy it or rent it.But I have no qualms about taking my equipment/tools and using them to help someone else.

 

[MikeD]

I am happy to help anyone at any time-assuming good health-but I would not let anyone borrow my tractor. It is to expensive and to dangerous to be loaned out. Look at the postings describing the damage done by tractor owners as they learn to use their machines. Anyone loaning out a tractor is exposing themselves to a liability problem. To say nothing of exposing the tractor to someone elses learning curve. I look at it as a package plan. You need the tractor-it comes complete with an operator. Which means more quality seat time for me /forums/images/graemlins/smile.gif

 

[Soundguy]

This is my take... Lets see.. I've got a handfull of antique tractors.. that don't meet any of the new OSHA / safety codes.. no rops, minimal safety features... JD doesn't have fenders, and has an open spinning flywheel.. cub has a huge belt with no gaurd, etc..

Just too much liability to loan out.. and as you point out.. the other person's learning curve might not be fast enough to compensate for the lack of safety features.

Past the liability is the use / abuse... my antiques are just that.. 50+ year old machines.. which I use.. but don't abuse.. heck a few get baby'ed.

That leaves the 1 modern tractor I own.. the NH 1920.. which I would be hard pressed to load out.. though as other point out.. I might be inclined to show up with tractor and help.

Beyond tractors, I've been asked by family to loan out a couple of my trailers.. I was squeamish with that too.. but did loan them out.. etc.

Soundguy

 

[40Kchicks]

Like many of you I have been asked to borrow the tractor. Actually my skid steer mostly. I feel that it is pretty indestructible but the only dents on the SSL and most scratches are when others were driving it. So I have changed my ways and go do the work myself from now on. I just returned a favor to my uncle with the SSL. He wanted to borrow it but I brought it over and did the work for him. I got so much done so fast because that tractor is like an extension of my arms. I don’t have to think about what joystick to move which direction, I just think about it and the tractor does it just like moving my own arms. While I was taking a break I asked if my uncle wanted to give it a try so he hoped on and started moving dirt. He was so slow and jerky it was funny. What took me less than two hours would have taken him most of the day. After a little play time he got off and said that he was glad I came out and made the job go so quick. We were both happy.

That’s my story
Eric

 

[EddieWalker]

In my first 50 hours of operating my tractor I did almost $700 in damage busting up stuff. I did and I replaced it. I know that my friends have every intention of doing the right thing, but I also know that $700 would be more than they would be willing to spend if it came down to it.

I explained to one friend who wanted to brush hog his 5 acres that he could rent one or hire it done cheaper than it would cost to repair the damages. He understood and ended up buying an old Ford 9N with a 4 foot brush hog for $1,700.

 

[NIXON]

,if I think I might need something I go buy it or rent it.But I have no qualms about taking my equipment/tools and using them to help someone else. )</font>

I'm with Old Hickory on this .
If I need something I'll buy it . If I were to Borrow something and managed to break it , I'd have to replace it anyway .
If a freind or neighbor needs to "borrow" my tools or machines , I go with them . It can be a PITA , but it keeps things on a freindly level . John

 

[Taylortractornut]

I kinda lucked out. That did break me from the loaning bit though. My side business is covered fairly well. by insurance but if it did come to that some sue monger wanted to take my stuff hed have to like backhoes extra crispy lol.
But now the only folks ill loan an implement to is Mr. Olen hes a 73 year old diesel mechanic Ive known since I was a pup, my dad, and my older brother and another neighbor. Ive made alot of the church folks mad at church for not loaning out my equipment especially on church work days. Ill either hire one of my brothers or dad to to help.

 

[sewells]

Off the track a bit, but a poster mentioned the example of someone riding a horse on one's property and getting injured with the net result that one would be held liable.

Here in North Carolina there is an Equine Activity law. It basically says that Equine Activities are inherently risky and that people that participate in such activities assume the risks of such activity. So, it is quite likely that in NC the scenario outlined above would not result in personal liability for the property owner.

I bring this up mainly because I think this is a very good law. Wouldn't it be great if there was a nationwide application of the principle at work? A lot of stuff is just plain risky and I think it would make great sense if people that participate in risky activities did so under the presumption of assuming all risks from such activities themselves.

Hey, wait a minute. That's the way things used to be so how did we get to where we are today?

Personally, I think it's kind of sad that things have gotten to the point where there has to be a law, like the one here in NC for Equine Activities to enforce the notion that people who do inherently risky things do so at their own risk.

It's getting to be a pretty strange world we live in isn't it.


Steve Wells

 

[Dave___in___CT]

Yep...

Nothin' like being responsible for your own actions... !


Dave...

 

[Golfgar4]

Steve,

To continue your off track reply, in Wisconsin we've taken it just a little bit further. We have what's called Recreational Immunity laws. Basically it's the same law that you described but expanded to include any recreational activity. I'd say on average, this law comes into play 3 - 5 times every year for a variety of liability claims that we receive. The last one that comes to mind was from a lady who was sitting in the bleachers watching a fast pitch softball game. The batter hit a foul ball that nailed the lady right between the eyes, which not only broke her glasses, but did a pretty good number on her head too! She filed a claim against us for negligence. When I spoke with her about it, she claimed that we were negligent because we didn't make the fence around the ball field tall enough. Ultimately the claim was denied on the basis of recreational immunity, which she never appealed.

One caution, however. These kinds of laws generally do not apply if the injured person has paid any kind of admittance or participation fee. So in your example, if the injured party had paid to use the property owner's horse, riding area, or had just paid to observe the activities, the injured party might have a claim.