Buyer’s fault. The instant she drove off the seller’s property, it is now HER trailer and HER responsibility because it is HER trailer.
Seller’s fault for giving the wrong ball size when asked, but it is the buyer’s duty when they arrived to check the owner’s manual and/or check the hitch to ensure you DO have the correct ball size. Because ultimately, the buyer is the one who is driving off with the trailer.
And I can never imagine pulling a trailer without safety chains! :eek:
My opinion buyers fault. I see it this way… if you are hauling a load, it is your duty to secure it. Doesn’t matter if you are hauling behind you or hauling something in your truck bed, you must make sure it is properly secured for hauling. Also I am very paranoid and leave nothing to others as I don’t trust anyone. If in this situation I would only be comfortable with Mr Hulk hooking up the trailer, not some buyers boyfriend.
I also agree with Brian about a faulty mechanism or improper max load rating. Once again I would not leave this to sellers boyfriend. And last but not least I would not have purchased a trailer with out chains let alone haul one with out them. And if I was dumb enough not to notice until the day I was hauling I would not have hauled that day until the problem was remedied as I am also very stubborn. I am also massively hard on myself and take responsibility for my actions. That’s just how I would see it.
Driver/buyer’s fault.
Sucks that the seller gave her incorrect information, but if you’re buying a trailer, you need to know the basics of safe hauling, which means she should have known it needed chains.
IMO, anybody who pulls a trailer should be required to take a test to prove they know what they’re doing. Doesn’t matter if it’s a boat trailer, camper trailer or horse trailer, look how many people driving on the road are pulling trailers and they still don’t know how to back them up. Let alone making sure they’re hooked up properly with correctly rated hitches and safety chains.
I think I believe her because she said she would use the written communication as evidence if she decided to pursue it with a lawyer.
I bought a brand new trailer at a horse expo. The trailer was not on-site, it was back at their dealership. A few days later i went to pick it up. They hooked it all for me on my existing 1 7/8 frame hitch and off i went. Hit a couple stop lights and accelerated a couple times and there was a big clunking noise each time. I knew something wasnt right so turned around and drove right back. Sure enough, the trailer was meant for a 2 inch ball. Professionals did this to me !
Depending on the age and weight of the trailer it may or may not be required to have the braking device. At least one chain should have been good, but I’ve seen so many useless chains with hooks it’s ridiculous.
I wouldn’t place a bet that the new owner is 100% responsible.
[QUOTE=WalkInTheWoods;8637311]
I bought a brand new trailer at a horse expo. The trailer was not on-site, it was back at their dealership. A few days later i went to pick it up. They hooked it all for me on my existing 1 7/8 frame hitch and off i went. Hit a couple stop lights and accelerated a couple times and there was a big clunking noise each time. I knew something wasnt right so turned around and drove right back. Sure enough, the trailer was meant for a 2 inch ball. Professionals did this to me ![/QUOTE]
the ball is separate from the hitch receiver, so there is no “existing 1 7/8” frame hitch" the ball is replaceable. This story doesn’t make a lot of sense to me - unless you already had the ball and bar and it happened to be a 1 7/8 ball? there’s not a lot of visual difference between a 1 7/8 and 2 ball such that someone hooking up the trailer would immediately notice it’s too small. It’s entirely possible they presumed that you would show up with the correct equipment to tow the trailer you purchased. Playing devil’s advocate on that one I guess.
My trailer is a 2 5/16" ball. It’s a 2014 model, though. I haven’t seen a trailer that takes a 2" ball in a long time.
As for the original question, it is the operators responsibility to follow all state and federal laws while operating their vehicle, which includes the use of tow chains, working trailer lights, and working brakes if required for age/weight of trailer in your state. It doesn’t matter who hitched it, it’s the driver’s responsibility the second she got behind the wheel.
This wouldn’t have been hard to figure out, either. A 1 7/8" trailer ball is max rated for 2000lbs and a google search turns that up immediately. It doesn’t take a genius to determine that a two horse trailer with two horses in it is going to weigh more than that. Any basic research on the buyer’s part would have resolved this problem (and pointed out that trailer chains are required. Even if not properly configured, they likely would have kept the trailer from crossing traffic…)
[QUOTE=Brian;8637170]
IMO, anybody who pulls a trailer should be required to take a test to prove they know what they’re doing. Doesn’t matter if it’s a boat trailer, camper trailer or horse trailer, look how many people driving on the road are pulling trailers and they still don’t know how to back them up. Let alone making sure they’re hooked up properly with correctly rated hitches and safety chains.[/QUOTE]
No kidding.
Assigning fault aside though, if the buyer is posting this on facebook, that seems weird. I mean, wouldn’t that be exhibit B from the seller’s attorney that this is a clueless person?
My trailer is a 1982 and it uses a 2 5/16 ball as well. It also came with brakes and trailer chains, so it isn’t always age of the trailer.
[QUOTE=Brian;8637170]
look how many people driving on the road are pulling trailers and they still don’t know how to back them up. [/QUOTE]
Knowing how and being able to are two very different things.
:winkgrin:
[QUOTE=roseymare;8635622]
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.[/QUOTE]
Properly rated safety chains will keep a trailer attached… however a few feet of plain chain from home depot will not. How someone would not notice a trailer grinding and flying around behind them is beyond me…
[QUOTE=trubandloki;8637962]
Knowing how and being able to are two very different things.
:winkgrin:[/QUOTE]
True. Demonstrating ones ability to back a trailer should be part of the testing process. Similar to the “skills” portion of the testing process to obtain a CDL,
[QUOTE=OTTB_;8638160]
Properly rated safety chains will keep a trailer attached… however a few feet of plain chain from home depot will not. How someone would not notice a trailer grinding and flying around behind them is beyond me…[/QUOTE]
I don’t know how they didn’t notice me maniacally flashing my brights and swerving back and forth behind them.
The chains held a pretty long time in the great scheme of things. These were not just home depot chains. Rated chains still are not made to tow the trailer but to give you time to get pulled over. But really the trailer wasn’t doing much for the driver to notice except nosing down.
I saw the sparks and initially thought the jack had come down and then the trailer nosed down. We were on a straight flat road so it just continued straight behind the truck. As I said this was trailer malfunction as it had a hitch like a boat trailer and the bolt broke. Was not a bulldog type couple hitch. I had no idea trailers were even made with those type of hitches. This was in the late eighties.
And to add to the ball discussion mine is a 85 and has the big ball (2 5/16), chains and brakes factory original as well as added sway bars. So age as someone else said is not an excuse for unsatisfactory equipment.
Years ago DH and I helped a friend pick up her new small horse trailer. None of us knew squat about horse trailers. We did know to cross the chains which was a good thing because apparently we didn’t do something correctly with with actual hitch being snapped down. A few miles down the road on the railroad tracks the trailer hopped the ball. We were able to quickly stop. We decided to leave the trailer since it when it hopped the ball it pulled on the light plug and ripped it up a bit so we no longer had lights.
DH came back with stuff to fix the lights and we figured out what to do with the hitch including putting a pin in to keep it snapped down.
DH almost always hitches my trailer for me. (Yes, he is a keeper). I always check just to make sure that he did everything correctly. Once he forgot to flip the lock thingy. A second set of eyes never hurts.
I also always check before I pull out after I left a trailer unattended at a trail head. I had one time that it was obvious somebody had messed with it and I had to redo the latch. There is a slim possibility the teenager I was with or somebody else stepped over the hitch and hooked a foot on the safety pin leash that was unhooked.
However somebody had checked out the trailer as my escape door and dressing room door was open when I got back and I leave them closed.
And while we are on the subject, goosenecks can come unhitched due to error as well.
This is why I question if the sale is voidable because the trailer was not road worthy, by not having chains in the first place.
[QUOTE=IPEsq;8638408]
This is why I question if the sale is voidable because the trailer was not road worthy, by not having chains in the first place.[/QUOTE]
I would guess it is an As Is sale.
[QUOTE=IPEsq;8638408]
This is why I question if the sale is voidable because the trailer was not road worthy, by not having chains in the first place.[/QUOTE]
It’s not illegal to sell an improperly equipped trailer, it’s illegal to drive it.
I can sell someone my not-street-legak dirtbike. If they choose to ride it home - their choice and not legal.
People buy trailers all the time that aren’t road worthy for any number of reasons. If I chose to hook up a trailer with a seized bearing and try to haul it, that’s on me, not the seller.
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