Alright, I keep seeing these signs on trucks. Usually along the lines of “The owner of this truck is not responsible for objects flying off the road and hitting your car.” Is a sign REALLY going to stand up in court? And how far could this go? Could I grease the stairs outside my apartment, then put a sign up saying “The Person Who Greased Up These Stairs Is Not Responsible If You Slip?” Can a mere sign have so much power?
No. However, it can convince most people of its effectiveness. If it dissuades even some people from taking the matter to court, it’s worth the ten bucks or so those signs cost.
My take is that the sign poster is stating that they assume no responsibility. I think it’s up to a judge or jury to decide who’s actually responsible for the damage or injury. IAINAL, but I read the sign as “I’ll probably fight you in court if you try to sue”
The concept is similar to what you find in some stores posting signs that say, “if you break it, you buy it.”
The store cannot force you to pay for the sale item if you accidentally break it.
The sign is no help whatsoever legally. You cannot absolve yourself of legal obligations just because you say you aren’t responsible. As mentioned above it is up to the legal system to make that determination.
Heck…even signs at swimming pools without lifeguards that say “Swim At Your Own Risk” don’t protect them completely (I suppose it might do them some good to say they informed potential swimmers that lifeguards aren’t around but it is not a blanket protection).
Really? I didn’t know that. It always seemed reasonable to me that if you break something, even accidentally, that you should pay for it. In practice most merchants seem willing to let the small stuff pass (breaking a jar of ketchup at the supermarket for instance) but if the item was valuable enough I thought you’d have to pay for it.
I figured as much, but there are so many quirks in the law that you just never know.
I’m gonna WAG that, if it was big enough, they could probably get you arrested on a destruction of property charge and then the judge’d probably FORCE you to pay it back, but I don’t think the store has much legal power in that situation. Someone’ll be along shortly to prove me horribly wrong.
Perhaps they are trying to point out (in a rather intimidating way) that stuff COULD fly off the truck in an attempt to stop you tailgating them.
But more likely, they are simply expressing refusal to acknowledge responsibility and you’d have to sue them if you were damaged by thier debris.
So, what kind of trucks are they, and how many companies?
Usually you see these signs on gravel dump trucks or other sorts of open-bed hauling. It’s prety much universal.
There was a pretty fascinating thread on this very topic, oh, six months or a year ago. It’s worth digging out if anyone is so inclined. The bottom line was, yes, they are responsible (and there were a few IRL testimonials that confirmed it).
The much more interesting fact that came to light in the thread was the racket surrounding those “How’s My Driving?” stickers. Apparently they are tactics used by the trucking companies to defuse you from taking the legal action you may be entitled to. You call up to bitch about your pinged windshield or a reckless stunt some truck driver pulled, and they give you some song-and-dance about how, “Well isn’t that a shame. We must warn Leroy not to do that anymore. Rest assured this will not be ignored.” If there’s damage they’ll say that they’re legally not responsible, sorry. Or if you push it they may offer a small sum and that’s the best they can do.
Meanwhile, if you’re armed with the license # and called the cops or an insurance company, you’ll get REAL action and pronto.
These signs sure wouldn’t mean squat here… last year or two the city has been seriously cracking down on drivers of uncovered loads (lots of contruction here = lots of gravel/dirt being hauled = lots of complaints and insurance haggling from dents and busted widshields), especially commercial drivers. I even have to have a tarp and tie it down if I want to haul even a small amount of garbage to the dump in the back of my pickup. My personal reading of the signs would be along the lines of:
“We hope you’re gullible enough to believe that our negligence is your fault and won’t try to sue us”.
In Minnesota, there is a specific law requiring dump trucks to keep their load covered. So a sign like that would just be admitting that they are ignoring the law.
Which pretty much all the trucks do, anyway. And many have their license plate mounted so low that it’s hard to read from behind.
Please, note something very important about the sign. It is referring to objects thrown from the road and not the truck. It is indeed the case that if you run over a rock, it flies up and breaks the window of the next car, it probably ain’t your fault. Rocks flying out of the bed of the truck are a whole 'nother story. What the sign says is more or less true. They are an attempt to start their defense with “How do you know the 3 foot boulder came from the back of the truck and not from the road?” Getting a head start on “my word vs your word” helps in legal matters.
Hmmm, sounds like the trucking companies have discovered a variation on the “Send the Bedbug Letter” theme:
Agree… and this is an important distinction. At one time or another, we all get our windshields whacked by a stone or a screw that gets kicked up by the tire of the vehicle in front of us. I have had my windshield chipped or cracked twice from flying debris from the highway and, yes, I have wanted to hold someone accountable to get it fixed. And in all honesty, we all have at one time or another also been driving the vehicle that is responsible for whacking someone else’s windshield. This in unavoidable. However, if I am driving a vehicle which is hauling anything that falls out/off and damages another vehicle, you better believe I’m at fault for not securing my load better. Obviously some things are much more dangerous than others, but if it’s something I’m hauling, I am responsible for whatever I’m carrying. Unfortunately we seem to be living in a society where nobody wants to be responsible for anything, so the legal system gets dragged into cases like this. Just my 2 cents worth.
Recently, an object larger than a stone or screw crashed into my car’s windshield and almost went completely through all 3 layers. However, in SC there is a law preventing any deductible for car windows. So, my insurance company footed the whole bill.
GMRyujin
I think you are confounding criminal and civil proceedings. Normally, in criminal proceedings, sanctions do not include recompensating any wronged party. If you negligently break some object belonging to someone else, that party can bring a civil action against you in tort. For every wrong, there is a redress.
I’ve seen quite a lot of notices that say something like 'vehicles are parksed here entirely at woner’s risk; [the landowner] will not be held responible for loss or damage, however caused" - these give the proprietors something to point at and say “see? we’re not paying up”, but in reality, they have no legal value at all - if (for example), the big ‘M’ falls off the McD’s sign and smashes your car flat, or if the guy picking litter(their employee) goes postal and kicks your headlights out, then they are responsible. If some random member of the public bumps your car or steals it, then McD’s aren’t responsible, but this has nothing to do with their having posted a sign saying so; the sign exists solely for the purpose of trying to discourage ill-informed people from pursuing their rights.
Likewise “NO REFUNDS WITHOUT RECEIPT” - often suffixed with “(Your statutory rights are not affected)” - and rightly so, because your statuory rights include the possibility of return of defective goods without a receipt, if you have other proofs of purchase.