Legal Question in Consumer Law in California

I am being sued for breaking a tractor. I rented a tractor from a tractor rental company. It was delivered. I used it for 5 hours without incident. When I parked it for cleaning, I noticed the front drive shaft hanging down. I called the company to notify them.. They claim I did the damage.

I am very experienced with equipment. I did not do anything that could have broken a drive shaft. I didn't even know it had 4WD. I did not notice any performance change. But I also never even revved up the engine. It was light work. I Did not do the damage. I notified them.

The tractor had 3876 hours on it. I think I confirmed it had been rented to over 300 customers. I am being asked to do the repairs they should do.

Am I liable?

Thanks,,,


Asked on 7/21/09, 11:52 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Obviously, it is disputed why the driveshaft came loose. The rental company was not present when you were doing your work. If you have witnesses, that's to your benefit, of course. You might want to get written statements from them under penalty of perjury to hold onto in case the matter escalates.

You might even report it to your homeowners and auto carriers, in case there might be coverage. If they were to sue, you would have a right to inspect their maintenance logs and even take a deposition or two of their maintenance staff (?).

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Answered on 7/21/09, 11:59 pm


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