Trailer came unhitched on highway -- Who's at fault?

[jenm]

Th![](s is an interesting story I’m following on Facebook:

Woman purchases her first trailer, a bumper pull from a private party. Prior to picking up the trailer, buyer sends seller an email asking what size hitch she needs to buy. The seller’s response:
1 7/8.

She decided to make the purchase, the seller’s boyfriend hooks up the the trailer, and away she goes.

On the way home, the trailer came unhitched, flew across several lanes of traffic and rolled over before resting along the median. It’s a major miracle no one got hurt. Buyer has to pay a tow truck to bring it home:

[IMG]http://i67.tinypic.com/snf9es.jpg)

Turns out the correct ball size is 2 inch, so not only did the seller give her the incorrect information, there were no safety chains on the trailer, either, which explains why the trailer went flying.

Buyer has contacted the seller asking her to pick up the trailer, reimburse her for the towing and refund her money. No response from seller, which is probably a smart move.

The responses on the discussion are pretty evenly split over either: 1. Call a lawyer, the seller is at fault or 2. It’s the buyers fault for not bringing someone experienced with her or doing more research before buying her first trailer.

I’m inclined to believe it’s the buyer’s fault as ignorance is never an excuse, but it’s pretty messed up of the sellers to jeopardize the buyer by allowing her to drive off with an unsafe trailer situation.

I’m curious to know what the COTH community thinks.

[Doctor_sOrders]

Yiiiikes on both sides I’d say!

[Foxtrot_s]

Oh my - let’s hear it!

Forty years ago, or so, we lent our trailer to a friend and the same thing happened to him - it came unhitched and sailed across towlines of highway, over the median and came to rest in the grass on the other side of the highway…nobody was hurt, nobody crashed into it – a miracle.

That was back in the day. There were even trailers people could rent with bumper hitches and could be pulled by an ordinary car with no hitch.

[Nezzy]

fault of the seller to give the wrong info, and fault of the driver for not learning how to hook up a trailer before driving it.

[IPEsq]

I think the accident leans towards buyer’s fault for hauling a trailer without chains. (And buyer’s mistake for BUYING a trailer without chains).

Now, buyer may have an argument that the trailer did not meet the implied warranty of merchantability (as not being fit for use in its ordinary purpose). Maybe other issues given the seller’s misrepresentation about ball size, although I don’t know of any horse trailer that has less than a 2" hitch size. 1 7/8 is more common for other things like bike racks and other smaller hitch mounted accessories.

Yikes, what a mess.

[roseymare]

Am I the only one to doubt she asked ball size?
Both at fault.
And safety chains won’t keep one hitched for long before they break. Saw a clamp hitch (not a bulldog) break and couldn’t get drivers attention fast enough before the chains broke. Trailer was empty and went to shoulder and not across median.
Also these things tend to happen with empty trailers because the act of loading will often unhitch one that is broke or wrong size ball.

[roseymare]

My standard safety check is to hitch up and then jack up and make sure truck lifts and stays hitched.

[SuzieQNutter]

I would say ultimately it is the driver’s fault. Like it is the driver’s fault if a passenger isn’t wearing a seat belt. It has to be on even if the driver hasn’t put it on themself.

I am with above. I check the safety hitch has clicked into place myself and I am not even the one driving.

[Highflyer]

I would guess it’s ultimately legally the driver’s responsibility. And definitely if you take nothing else away from this story-- get in the habit of walking around youe trailer to make sure the doors are closed, ramp is up, chocks are unchocked, and check your hitch, every time, no matter who hooked it up.

[PonyPenny]

It is against the law to haul a trailer without safety chains. Besides the hitch has the ball size listed at least all trailers that I have seen do. Even 2" is a small ball size. Totally buyers fault.

[jcraig10]

Buyer’s fault. No safety chains? Yikes.

[D_BaldStockings]

Seller’s Boyfriend hitched up the rig. - However, buyer was obligated to check the hitch before driving off.

Seller did not learn rules of the road regarding trailers (no chains) nor do any research on what size ball, just took seller’s word for it.

If seller put in writing that ball size and buyer has that; might have a partial case.

Basically, though, buyer is at fault for driving the inadequately hitched trailer on public roadways.

Lawyer if they want to try for damages, but not much hope.

Thank heavens no one was hurt.

[OverandOnward]

Buyer’s fault. Even with the bad info from the seller, it should have been obvious that the ball was the wrong size from the get-go. Then, of course, the chains.

It’s the responsibility of the person doing the towing to make sure they know what they are doing before they take off down the highway. It was not the seller’s responsibility to give lessons to the buyer on towing and towing safety. All the buyer paid for was the trailer, not the safety lessons.

No clue how courts decide these things, though. Buyer was very, very lucky no people or property were hurt other than the trailer.

[Jim_R]

A very good lesson can be learned here. I always check everything when somebody else hooks up trailer. And I double check when I hook up. I also like to drive a few miles and check things again and feel bearings for heat.
My son hooks up trailer for me to haul DW horse so I triple check so it does not turn ugly for all involved.

[Foxtrot_s]

2" is common today - but older trailers took a smaller ball. Because the ball size is interchangeable, few hitches would have the ball size, but the trailer may have.
Guess I would say buyer beware, and that the seller was just saying good riddance. No chains, and nothing said. Yikes.

Now the buyer has a lemon of a trailer, and has to spend more money to fix it.

[Bogie]

[QUOTE=roseymare;8635626]
My standard safety check is to hitch up and then jack up and make sure truck lifts and stays hitched.[/QUOTE]

I do that too. There are many reasons why the hitch might not engage, even if you have the right ball size.

I know two people who hitched incorrectly and had their trailers fall off (one on route 128 :eek:). Luckily in both cases everything ended well.

The seller was wrong to give the wrong info, but the buyer should have done her homework and ultimately she is liable.

[LSMarnell]

When I bought my first trailer I asked the seller the ball-size and she gave the same answer, “1-7/8.” It was a good thing my boyfriend at the time knew better than to take the sellers word, and unbeknownst to me, brought a couple different sizes, including 2", because we wouldn’t have been leaving there otherwise! :lol:

It was pretty obvious looking at the trailer and the two different size balls which it took, and the trailer was marked in 2 different spots (and it was old.)

I put the blame 100% on the buyers for this one. Had they done even a little homework this never would have happened. Not the sellers responsibility to teach them how to tow even if she was wrong about the ball size.

[Laurierace]

Buyer turns it in to her insurance and let them figure out who is at fault.

[Tory]

I believe that ignorance is not a reasonable defense. I think the buyer is at fault.

Now if she had purchased from a dealer it may be a different story. But a private sale? I don’t think that they have any liability, because I am sure it will come down to a “he said/she said” sort of thing.

[akor]

I can perhaps understand the ball size issue. If it dropped on and “seemed” Ok I can sort of, kinda of imagine that happening.

But, to haul without safety chains? Or an emergency brake cable. That is irresponsible, IMO. If the buyer ever intended to haul animals in it, that is double scary. How can one not know about safety chains?