Interesting legal issue on a runaway sled

snopro

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Wow that is a scary scenario. What about manufacturers that don't have tethers? Does that make them even more liable?
 

firstdoo

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Run away sled was not insured.

“Webb was an experienced rider who kept his snowmobile maintained and knew about the safety features. However, the judge found that Webb didn't have his tether cord attached when he was thrown from the vehicle.
Failing to wear the cord means he breached the standard of care he owed Passerin, so Webb was found liable.”

Makes you wonder what would happen if the sled did not have a factory tether. Would a judge have pulled the manufacturer in? Or would the defendant have be found not liable as there was no way to shut down the runaway sled and avoid this accident?

I still shake my head that all manufacturers don’t have a factory tether (although they do offer it as an add on accessory - that’s a f*ckin joke imo)

Worse, there is still riders out there with tethers THAT DONT BOTHER TO WEAR THEM. I’ve personally never seen anyone being injured from a runaway other than this article. I have see the aftermath of a runaway smoking a tree at WOT with no rider. There wasn’t much left of that cat.

My takeaway from all this is to wear your tether at all times. I personally wear mine on my wrist rather than on my jacket/pants. And if your sled doesn’t have a tether, spends a couple bucks and buy one, install it, and then always use it.
 

S.W.A.T.

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If it didn't have a factory tether he shouldn't be liable
 

Caper11

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It was a 2012 skidoo, how many times have anyone seen the cord break or the d-ring rip out of a coat, a safety switch on the throttle is the best for a stuck throttle.
 
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Caper11

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Wow that is a scary scenario. What about manufacturers that don't have tethers? Does that make them even more liable?

Doesnt cat and polaris use the safety switch in the throttle?
 

007sevens

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Doesnt cat and polaris use the safety switch in the throttle?

Yes they do.

I have seen a Doo Doo do exactly like they talk about. The one I seen went about 2 football fields into a clump of tree's. Snapped a 6" tree 2ft above the snow before nailing a 20" tree to its death. Sled was a write off for sure.
 

snopro

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I'm surprised that in todays world of snowflakes and political correctness that every manufacturer isn't required by law to have tether cords factory installed? There is that this country that country deal again.
 

fj40

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Tether or no tether he should still be held liable.
No insurance is just plain stupid, crap happens.
Save a few hundred a year when you spend thousands a year sledding
And you can loose everything.

There was a early thread about insurance on sleds. I could not believe how many people didn't think they should have to get insurance.
 

tex78

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Tex, Pistonbroke :nono:

Getting back to the article, it does say that his alberta insurance wont cover him in BC, Since when, I have liability on my sled in alberta that should extend to the areas where I'm riding my sled?
I was just going to bring that up actually lol




As far as the other parts, I was just saying that it can and is done

If that's good or bad I guess that's in the eyes of the Beer holder
 

Pistonbroke

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Tex, Pistonbroke :nono:

Getting back to the article, it does say that his alberta insurance wont cover him in BC, Since when, I have liability on my sled in alberta that should extend to the areas where I'm riding my sled?

Awwwwww... c’mon dad; I had him pinned down and was just about to take his lunch money. Boooooo. ;)
 

Got boost want snow

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I have insurance too, but I also ride with tethers I have put on both my turbos. Had an incident where I had a tree pull my viper throttle cable but thank god for Yamaha's TORS (throttle override system) because I fell into the tree well under my sleds track. I immediately put a tether on the sled it could have been catastrophic for me. In my opinion every sled should have to have a tether which should have to be wore.
 

fj40

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Tex, Pistonbroke :nono:

Getting back to the article, it does say that his alberta insurance wont cover him in BC, Since when, I have liability on my sled in alberta that should extend to the areas where I'm riding my sled?

It says " The runaway snowmobile wasn't insured and Passers ( who is the guy that got hurt )only had coverage in Alberta."
 

Dazzler

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Ya and most dealers bypass them when new

Backus Polaris for example, cause they screw up all the time

I'll have to quiz Everett next time I'm in there. I haven't heard of any one really having many issues with or bypassing the throttle safety switch on a Polaris? I have seen them ice up maybe a couple times, but not enough to warrant bypassing them? I know mountain toys in Cochrane does not by pass them.
The kill switch on the Axy (never been an issue on Pro's) has caused a little grief how ever. You don't have to bypass them as they just quit working usually day two on weekend outings and don't work again till sled gets thawed out after trip!!!
 

Pistonbroke

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Ya and most dealers bypass them when new

Backus Polaris for example, cause they screw up all the time

1. No, dealers do not bypass this critical safety device.

2. Nice work calling out a local reputable dealer on an unsafe practise.

Tethers and throttle safety switches prevent different root causes of runaways.

My original post was better but was nuked because I made tex look like a complete monosyllabic troglodyte.
 
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