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#1
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I don't think this is correct
So a technician at a dealership fails to operate a vehicle correctly, killing another technician and they're suing the car owner? I don't see any accusation that the vehicle was modified in any way or that safety systems were disabled. The tech didn't even have a driver's license. And the article says "car kills mechanic". I don't think so. The incompetent tech killed the mechanic.
https://www.foxnews.com/us/michigan-...ing-oil-change
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70 TA, 467 cid IAII, Edelbrock D-port heads, 9.94:1, Butler HR 236/242 @ .050, 520/540 lift, 112 LSA, Ray Klemm calibrated Q-jet, TKX (2.87 1st/.81 OD), 3.31 rear https://youtube.com/shorts/gG15nb4FWeo?feature=share |
#2
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My car had a accident while getting worked on at a gas station. The station owner and mechanic got sued not me.
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#3
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The article failed to state that this is a Michigan law. That’s what I read in a different article. I work part time in a school auto shop and we’ve been discussing this law. High school kids moving cars is sometimes scary.
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#4
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When you have a service facility, there is insurance called "garage keepers liability insurance", it would come into effect while the car was at the service facility, and during test drives, etc.
Had it in my own garage, for many years, so that even if the vehicle owner had no insurance, myself, or my employees would be covered while the car was in our care. It would also cover any accident attributed to a faulty repair, if it was proven that the work, or parts were substandard. I believe it covered $500,000 for a single event. |
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#5
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So let's say I hire a contractor to work on my house. And let's say one of his employees makes an error and kills another of his employees. Then I'm liable? Isn't that the whole purpose for only hiring contractors that are licensed and insured to work on your stuff, so they have the liability? Glad I don't live in MI. Of course, maybe the laws here in OR are just as bad...
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70 TA, 467 cid IAII, Edelbrock D-port heads, 9.94:1, Butler HR 236/242 @ .050, 520/540 lift, 112 LSA, Ray Klemm calibrated Q-jet, TKX (2.87 1st/.81 OD), 3.31 rear https://youtube.com/shorts/gG15nb4FWeo?feature=share |
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#6
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It sounds like this is just a convoluted way to get back to the "common sense" resolution to the matter. If the employee can't legally pursue the employer, they go after the "deep pocket" of the owner's insurance. Even though they technically are suing the owner, this is really all about money. And, they know the money (i.e. deep pocket) is with the insurance, not the owner. But, the way to insurance is through the owner. Unless they're charging the owner with something criminal (and it doesn't sound like they are), he's just being dragged along for the ride.
Now, after the settlement with the owner's insurance (or during?), that owner's insurance company will counter-sue the dealership. The owner's insurance company isn't an "employee". So, the legal limitation doesn't apply. The money for whatever settlement will ultimately come from the dealership. In fact, I think the article states as much in the last paragraph. So, at the end of the day, after all the lawyers get paid their cut, things work out largely as they should. What would be interesting to know is if this would affect the owner in any way. Higher insurance rates, court costs of any kind, dropped/cancelled insurance? Otherwise, this just feels like a typical legal run-around with a sensational headline to get people worked up. Maybe if they started the article with their last paragraph, it might not be viewed as such a big deal? |
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#7
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70 TA, 467 cid IAII, Edelbrock D-port heads, 9.94:1, Butler HR 236/242 @ .050, 520/540 lift, 112 LSA, Ray Klemm calibrated Q-jet, TKX (2.87 1st/.81 OD), 3.31 rear https://youtube.com/shorts/gG15nb4FWeo?feature=share |
#8
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It's clickbait, and it's being discussed in web boards all over the Internet. Bottom line is it's a quirk of Michigan law, and ultimately it's a way at getting back at the dealer. The car owner won't be on the hook for anything.
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#9
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Whoever's writing Michagan law is smoking some good stuff!
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"Those poor souls have made the fatal mistake of surrounding us. Now we can fire in any direction" 1970 Trans Am RAIII 4 speed 1971 Trans Am 5.3 LM7 1977 Trans Am W72 Y82 1987 Grand National |
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#10
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I've lived in Michigan since 1960 and have never heard of this as well as all the people I know. I often think of valet drivers, because they truly don't care how they drive.
I found this explanation the other day when this hit the news. https://www.dailymail.co.uk/news/art...-mechanic.html WHY WAS THE JEEP OWNER SUED? According to Michigan law, the only remedy for employees in cases of injury in the workplace is workers' compensation. The state law states: 'If someone other than either the worker, the employer, or a coworker is responsible for an injury, that "third party" can be sued,' the Michigan Government website states. 'Thus, if a worker is injured because of the bad design of a machine which the employer purchased from an independent company, the worker can sue the manufacturer of that machine for civil damages. 'If an employer has paid workers' compensation benefits to a worker and the worker later obtains a recovery from a third party, the employer is entitled to be paid back for the workers' compensation benefits it paid to the worker. The employer, however, must pay for its share of the attorney fees and costs in the lawsuit against the third party.' Source: Michigan Government
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#11
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70 TA, 467 cid IAII, Edelbrock D-port heads, 9.94:1, Butler HR 236/242 @ .050, 520/540 lift, 112 LSA, Ray Klemm calibrated Q-jet, TKX (2.87 1st/.81 OD), 3.31 rear https://youtube.com/shorts/gG15nb4FWeo?feature=share |
#12
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Thompson reached into the vehicle and pressed brake with his right foot, keeping his other foot on the floor," the plaintiff summary reads. "He pressed the start button. When the vehicle did not start, he took his foot off the brake and depressed the clutch pedal. He again hit the start button. This time the Jeep started. He removed his foot from the clutch, still standing outside the vehicle. The vehicle lurched forward.
This is the key word in all of this: The incompetent tech killed the mechanic. From what I understand here according to W/C. or OH&S an Employee has to be Competent, and that responsibility falls on the Employer. That's why an employer provides safety training. You don't start a vehicle standing outside the vehicle. Incompetant Worker.
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68 Firebird. IA2 block, 505 cu in, E-head, Solid roller 3650 weight. Reid TH400 4:11 gear. 29" slick. Best so far 10.12@133 mph. 1.43 60 ft. 76 Trans am, TKX .81 o/d, 3.73 Moser rearend, 468 with KRE D-ports, Doug headers, 3" Exh. |
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#13
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The incompetant worker was not even used to starting riding mowers with the kill switch in the seat.
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#14
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I'm in the construction business and the first hour or so of my day is spent filling out paperwork. Electronically of course. It's all for ass coverage, so when someone points the finger at us, we just turn that finger right around.
One such form may have helped here. It has many names, but we call it a Daily Task Analysis. It lists the task, the work, the risks, hazard rating (low medium high), and finally steps taken to mitigate said hazard. The bottom line is that this is all part of training. Something that was missing here obviously. A simple orientation would have gone over the awareness and risk of a manual trans vehicle. Around here, sh!t rolls uphill, so the employer would ultimately be on the hook. |
#15
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70 TA, 467 cid IAII, Edelbrock D-port heads, 9.94:1, Butler HR 236/242 @ .050, 520/540 lift, 112 LSA, Ray Klemm calibrated Q-jet, TKX (2.87 1st/.81 OD), 3.31 rear https://youtube.com/shorts/gG15nb4FWeo?feature=share |
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#16
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I’m not a judge. Let it play out in court
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🧩 Burds Parts, Finding those Hard to Find PCs, no Fisher Price Toys Here Just Say No To 8” Flakes F ire B irds 🇮🇱 |
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