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Hot pipes liability?

Discussion in 'The Hokey Ass Message Board' started by tfeverfred, Jan 14, 2008.

  1. Sam F.
    Joined: Mar 28, 2002
    Posts: 4,225

    Sam F.
    BANNED


    your the one who is 'worried' about some asswipe walking into your pipes ....(if your NOT worried about it,,then why the fuck start a thread????)

    what the fuck did you want me to say to be a CONTRIBUTION to your stupid ass thread???

    did you want me to AGREE with you????
     
  2. tfeverfred
    Joined: Nov 11, 2006
    Posts: 15,788

    tfeverfred
    Member Emeritus

    Thanks again. Have a nice one.
     
  3. Sam F.
    Joined: Mar 28, 2002
    Posts: 4,225

    Sam F.
    BANNED

    ok,,don't be mad..i'm sorry Fred!!!,,,its just that where i come from,,hotrods and public saftey dont go hand & hand...i forget that sometimes,,,and forget the fact that there are so many new people that have joined the traditional hotrodding scene from different walks of life...

    ....maybe if you are all for public saftey,you should build some type of roll cage to go around your T bucket side pipes.,,but i would probably also put some type of fenders or bumpers on it to just in case some body walks out in front of you when you are driving down the road..so they wont be ran over and sucked up under the tires .

    a strobe light on the cowl would be a good idea along with a 'beep-beeper' when throwing it in reverse.

    again ,,i apologize FRED! sorry!
     
  4. flynstone
    Joined: Aug 14, 2005
    Posts: 1,749

    flynstone
    Member

    tman said it all............................................
     
  5. tfeverfred
    Joined: Nov 11, 2006
    Posts: 15,788

    tfeverfred
    Member Emeritus

    Don't appoligise. It's probably just the way you were raised. Now, where are you from that motorized vehicles and public safety are not related? sam
     
  6. This is the kind of Guy We need to look out for. He actually pretends to be one of us and attends our events.
    The Wizzard
     
  7. Sam F.
    Joined: Mar 28, 2002
    Posts: 4,225

    Sam F.
    BANNED

    c'mon dude,,please accept my applogise!

    i guess it was the way i was raised,,,im a 3rd generation HOTRODDER, 4th generation auto afficionado!!! hahahaha
     
  8. Sam F.
    Joined: Mar 28, 2002
    Posts: 4,225

    Sam F.
    BANNED


    BTW,, thanks for the compliment! :D
     
  9. 31whitey
    Joined: Jan 2, 2007
    Posts: 2,214

    31whitey
    Member

    c'mon man

    RICK JAMES

    he burnt m'fers with his pipes

    never did get in anyREAL trouble
     
  10. 31whitey
    Joined: Jan 2, 2007
    Posts: 2,214

    31whitey
    Member

    and oh ya

    my DOGS are smart enough not to touch headers.

    and I heard roofies(what,where am I, how the? ohhh damnt)
     
  11. tfeverfred
    Joined: Nov 11, 2006
    Posts: 15,788

    tfeverfred
    Member Emeritus

    Well IF that is the case, then that explains a lot. It's a whole new world. People like to sue over stupid shit. It happens quite a bit, actually. But, as an aficionado (one "f"), you're probably aware of that. No anger here, just awe.
     
  12. My daughter has been "practicing not touching" everywhere we go for the last 3 years...(She's 5).

    Funny, I work in the property (homeowners) insurance industry, and deal with liability issues on a daily basis.

    You having hot pipes on your car presents a liability risk.
    If you have a liability insurance policy, your risk would be covered.
    If someone was to touch the hot pipes and sue, chances are your insurance company would pay out. They probably wouldn't pay out for the full claim, because some of the liability would fall upon the person touching your hot pipes. The insurance company would probably settle based on what percentage of the liability they feel you contributed.

    Now, this may vary from state to state, based upon whether your state is a "no fault" state or a "contributory negligence" state...

    This scenario could be played out in a multitude of ways. You operating a vehicle and failing to properly maintain it, and the wheel falling off and hitting a pedestrian also presents a liability risk.

    It's unfortunate that this is the case. When I was a child, I was taught properly by my folks to keep my damn hands to myself. If I disobeyed and was injured, it was my own fault.

    I raise my kids the same way. If they're old enough to know better, then it's their own damn fault. If they're not old enough to know better, it's my fault.
     
  13. tfeverfred
    Joined: Nov 11, 2006
    Posts: 15,788

    tfeverfred
    Member Emeritus

    You deserve it. :)
     
  14. Sam F.
    Joined: Mar 28, 2002
    Posts: 4,225

    Sam F.
    BANNED


    and you spelled appoligise (apologize) wrong :) No anger here,just yawn.
     
  15. 392_hemi
    Joined: Jun 16, 2004
    Posts: 1,737

    392_hemi
    Member

    This thread is gay. What's the point of posing a hypothetical legal question to solicit the opinions of a bunch of nonlawyers? They're about as useful as the weekly dissertations on copyright infringement.
     
  16. Oilcan Harry
    Joined: Mar 3, 2001
    Posts: 906

    Oilcan Harry
    Member
    from INDY

    Is it just me,or do chrome pipes get hotter than painted ones? My worst burns have always been on chrome. When I was a teenager you could spot the cool chicks. They had a scar on their thighs from those high Honda Scrambler pipes on their boy freind's bikes. For a brief time that was quite a badge of cool around here.
     
    Last edited: Sep 9, 2008
  17. tfeverfred
    Joined: Nov 11, 2006
    Posts: 15,788

    tfeverfred
    Member Emeritus

    That's about what I thought. I had never really put much thought into it and wondered if anyone else had. Crazy world, man.
     
  18. tfeverfred
    Joined: Nov 11, 2006
    Posts: 15,788

    tfeverfred
    Member Emeritus

    Yea, it happens to the best of us. Doesn't it? That's why correction is good. It's a learning experience. Thanks for scrolling back and finding that. You're a pal.
     
  19. flynstone
    Joined: Aug 14, 2005
    Posts: 1,749

    flynstone
    Member

    i dond se wy youz r so kritical aboot spelin............
     
  20. DirtyThirty
    Joined: Mar 8, 2007
    Posts: 2,396

    DirtyThirty
    Member
    from nowhere...

    I just can't resist this one...because it makes me think of this summer...

    Now I pull in and park my coupe at a buddy's. His kid is in the driveway. He, like all kids, likes shiny things...and things that are not his.

    we talk a bit, he grabs the header, jumps, lets out a yelp, and we turn and see what the problem is...

    It is suddenly apparent what happened, and the rest goes like this:


    My friend:"hot, huh?"

    kid: *sobbing "yeahhhh"

    My friend again: "won't touch it again, now will ya'?"

    kid: "no"


    Lesson learned...just like I learned it on my dads Panhead...

    We had a laugh about the first time we ever touched something we were not supposed to, and got bit, then, afterward.

    Thats how ya' learn...

    Its a shame that we are protected so much from our own reality, these days...now...we never learn. I am sad for todays squishy, spoiled children...

    We will be a nation of Jerry Seinfelds soon.
     
  21. breeder
    Joined: Jul 13, 2005
    Posts: 10,948

    breeder
    Member Emeritus

    this thread has went gay! not that theres anything wrong with that!;):rolleyes:
    grow up!:rolleyes:
     
  22. 57JoeFoMoPar
    Joined: Sep 14, 2004
    Posts: 6,406

    57JoeFoMoPar
    Member

    Look at my profile, there are people here who DO in fact know the law. Hudsoncustom is damn close. You are negligent by having hot exposed pipes protruding from your car, it's not a hard concept to grasp. We as car people know not to touch it, but we often take for granted that we know that.

    What if someone wasn't trying to touch the exhaust? What if they were looking at the car next to yours and accidentally backed up into it? It is a completely feasible scenario, and it could play out a million ways.

    Basics of tort law...
    To have a cause of action for negligence, you need to have:
    -a duty
    -breach of a duty
    -damages

    You have a duty to the general public to not expose people to an unreasonable risk of harm. That risk of harm is foreseeable, since we are talking about it here. If you breach that duty by having hot exposed exhaust pipes on your car, and someone incurs damages by bumping into them, CONGRATULATIONS, all the elements of a negligence claim against you have been met.

    Do you have defenses? Absolutely. Contributory negligence fits in here. But I'm not going to get into all the specifics and they vary on the circumstances of the incident and the state laws applicable. But like I said in my original post, sometimes a legal win is still a loss.

    In spite of this, I personally still have exposed pipes from the back of my car, that in theory could injure someone. It's a risk I take and I'm aware of it. That's what this thread is about, just being aware that you CAN be held liable should some shit like this happen to you.

    Tort law is a 2 way street, it protects you against people who breach that duty, but also cuts both ways. It is not GAY to be aware of the law and how it applies to you
     
  23. vivalahotrod
    Joined: May 6, 2007
    Posts: 743

    vivalahotrod
    Member

    The only one`s I worry about around my cars or bikes are the kids. Because sometimes they just don`t know any better. Someone over the age of say 10 should know what exaust pipes are and how hot they can get. If they don`t, then track down the parents and beat them silly for not teaching thier kids anything about cars or bikes. If it is an adult then just look at them like they are idiots and hand them a cold beer. If you have children around that are younger and just won`t listen when you warn them, then fire up whatever it is you have out that day and scare the piss out of them. ( It works)
    Believe me the first words out of my nieces and nephews when I`m around is "Uncle Joe can you take us for a ride?" and I say "Sure but let me teach you a few things about it first ok?" All smiles and laughing from there on out.
     
  24. What about Vipers,Cobras and old Corvettes?
     
  25. Cadillac Andy
    Joined: Jun 30, 2007
    Posts: 17

    Cadillac Andy
    Member

    I had a motorcycle with landscape spikes for the brake/shifter pedals. I couldn't find any place to inspect it. They said you couldn't have anything pointy on a motorcycle. I didn't really have to worry about people getting close enough to the exhaust to get burned. They would have gotten cut first I guess :rolleyes:

    Same thing happened with a truck I just got rid of. One of the PLASTIC bumper caps was a little jagged and the garage wouldn't pass the inspection because of it.

    I say people shouldn't be close enough to your car/bike/truck/whatever to even chance getting hurt by it...
     
  26. 173rdherd
    Joined: Oct 24, 2006
    Posts: 27

    173rdherd
    ALLIANCE MEMBER

    if tfeverfred and sam f kiss and make up.....that would be gay!!
    seriously, i'm in the old school crowd, teach your children well, and use your head.
     
  27. Digger61
    Joined: Dec 13, 2007
    Posts: 36

    Digger61
    Member

    I agree with a couple of others on here, the main worry is kids, so when I park up at a show I stay with the car until the pipes cool down, usually we are sorting out chairs and cleaning dutys so dont notice the amount of time it takes.
     
  28. 1950ChevySuburban
    Joined: Dec 20, 2006
    Posts: 6,185

    1950ChevySuburban
    Member Emeritus
    from Tucson AZ

    You could be liable, the chances are very remote, and they'd have to prove beyond a reasonable doubt it was YOUR car that they touched. And then, they'd have to prove the engine was hot, not warm from the hot Texas sun.
    I wouldnt worry about it.
     
  29. 392_hemi
    Joined: Jun 16, 2004
    Posts: 1,737

    392_hemi
    Member

    So you're a law student? I guess that explains the hornbook summary of tort principles. How far is that going to get you in the real world?
     
  30. Jeff Norwell
    Joined: Aug 20, 2003
    Posts: 15,132

    Jeff Norwell
    MODERATOR
    Staff Member

    .........wow......
     

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