Re: ROPS and liability??

Posted by Wayne on January 04, 2004 at 21:10:30 from (205.188.208.73):

In Reply to: ROPS and liability?? posted by rem on January 04, 2004 at 15:01:48:

Dad used to mount them on the old AC and F/A construction equipment back in the 70s and 80s when OSHA had just started demanding them. He was working for the dealership and they had a customer come in one day and saw him welding on their machine mounting the new ROPS and asked if he was certified. The shop forman informed him that He-- no he wasn't certified, but he was Damm sure qualified. The matter was dropped right there.... Like the other posts said, the lawyers can have a field day over anything nowdays, they always have and always will. If your unsure about your welding skills then by all means don't try building one yourself, it might niot be safe. In that case go ahead with a factory model, and you know you can't go wrong. Still you better spend the money to have them "properly" mount it or once again your placing yourself in the liability zone because you mounted it and not the authorized dealer. Heck if you changed the tire yourself and it blew or came off causing them to wreck you'd be in the same boat..... liability nowdays knows no bounds......... However if your "qualified" to weld up one then I wouldn't worry about the liability issue because it will never come up. If it did then they would have just as much right to go back against the person who engineered the design... as they would you for using the design... as you would going against them for improper operation... as they would against you for letting them borrow the machine, etc etc etc etc etc
Sometimes common sense and good judgement have to outweigh everything else. If more of that doesn't start happening soon this whole country is gonna grind to a stop because nobody is gonna be willing to make anything for fear of getting sued over it's missuse. If your sure of your 110% sure of your own abilities then go for it, if not then leave it up to the dealership. Just my .02

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