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Farmer Equipment Defects - Articles Surfing
Farmers play a are very important role to the society.. Without them we will not have our produce of fruits and vegetables, among many others. Farmers toil hard the whole year, making sure that their crops grow healthy and pest-free.
However, many incidents could happen to derail the toils of a farmer. One big problem being faced by farmers is the defects in farmer equipment necessary in the toiling process. Can you imagine what would happen if the machines used to water the crops suddenly break down? The whole crop may die due to excessive water and leave the farmers in thousands of debts and lost profits.
Manufacturers of farming tools, products and equipment have a responsibility to make sure that these operate well, the way they are supposed to operate. Manufacturers have a primary liability if their products break down or fail, especially when they cause harm or personal injury to the public.
In the case of the farmers whose crops were damaged due to defective farm equipments, they can definitely file for defective product claims against the manufacturers, distributors and retailers of the defective products. The fact that manufacturers place warning signs or disclaimers has no effect to exempt them from liability when somebody gets injured as a result of their defective products.
Under the different theories of liability related to defective products, the manufacturers can be made liable for:
1. Intentional act ' when the manufacturer has knowledge of the impending harm that can be caused by the product but still manufactured and sold them to the public;
2. Negligent act ' when the manufacturer failed to make sure that the manufacture of the products were done with reasonable care;
3. Implied warranty ' that the manufactured product will work the way they are supposed to; and
4. Manufacturing defect ' due to the defects in the process of manufacturing the product, it has become more dangerous for use by the public.
In all the above theories, a farmer has the right to file for claims against those who are liable for the defective farm equipment that causes injuries to him and damages to his crops. The damages that can be claimed aside from actual medical costs for injuries sustained by the farmer are loss of income, loss of future sales and damage to property.
Aside from seeking monetary damages for the economic loss he suffered, the farmer can also seek for non-economic compensation for the pain and suffering as well as distress he have to endure as a result of the destruction caused by the defective farm equipment used.
Copyright © 1995 - Photius Coutsoukis (All Rights Reserved).
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