Welding lawsuits

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I'm not getting sued, not suing anyone, not going to do anything that could potentially get me or anyone I know involved a lawsuit. Had to get that out first. It seems that so many threads by new users include a post about getting sued. How many on this forum have ever been sued for something you welded or fabricated? I'm not limiting this question to the catastrophic trailer failures that kill nuns and puppies, but I'm also curious about lawsuits over the general quality of work or the end product was not what the customer expected and went the legal route. Any lawsuits over the cost of a project (overrun, customer demands changes mid build, etc)?  Go ahead and weigh in. Maybe you know someone who really screwed up...Lincoln Precision Tig 185Lincoln Power Mig 256Hypertherm PM 45Everlast 140STSmith O/A
Reply:Not for my own business. I've been dragged into court when I worked for others, though none welding related..1st one had to do with a slip and fall due to snow. We had a contract to come in and do snow removal when call by a shopping center. We just did the parking areas. They did all the side walks and the road that went around the parking lot in front of the stores. Anyways snow fell off the roof hitting a woman. Even though we had nothing to do with it, I ended up having to give a deposition on the matter. We never ended up in court. Our insurance company paid just to make them go away. My boss was ticked. He wanted to know why they were paying when we had nothing to do with snow on the roof or even the side walk where the snow fell. The insurance company told him he could go to court and fight if he wanted to, but they wouldn't pat a dime if he lost.I've been dragged in to court a couple of other times. Usually because the customer didn't want to pay full price. They'd dream up some defect that they felt meant they should not have to pay. One claiming "extreme emotional distress" and the fact the job had caused "marital strife" between husband and wife. I'm pretty sure at least 3 of those times the customers were lawyers and most likely planned this type of "extortion" right from the start. Basically they waited until the job was done then threatened to sue if we didn't give them a discount. Guess they figured the same thing the insurance company did. If they made it too expensive to fight for what we earned in court, we'd knuckle under and give in on the final price..No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth! Ronald Reagan
Reply:super question.  you would think that nearly half of the poster's on this board have been through the process but that number is probably closer to zero.   if you have been, either as defendant or plaintiff you can easily see that most have no clue as to what is involved.   talk about a simple trailer repair on here and some of these guys wet their pants.and yes, i have been of both sides of the bar.thought i would add,  if you do hire an attorney, go through the process, get a judgement in your favor;  good luck getting your money.Last edited by ncountyline; 12-03-2013 at 09:45 AM.
Reply:I've never been to court for either of my businesses..........yet (knock on wood)If there had been a problem with my work, I'd fix it. Problem solved.I know it takes all kinds, I've just never run into any of them yet.My son has met a few of them, and even if he wins, not likely to see much money anyway.Last edited by WeldRite; 12-03-2013 at 09:59 AM.Miller 252Miller Bobcat 225Lincoln MigPak 1801959 Hyster forkliftHarris OA torch
Reply:My family's business has been sued a bunch of times since we started processing and selling milk in 1935. A handful of those lawsuits were in the past decade, so I understand the process. I'm interested in the welding related lawsuits that have so many members terrified. Tell your story - we're all friends here.Lincoln Precision Tig 185Lincoln Power Mig 256Hypertherm PM 45Everlast 140STSmith O/A
Reply:No lawsuits for my work. But my work has not caused any damage or injury that I know of - yay!But I have been threatened with my life twice over cars I worked on and then sold (in person I might add).My carry permit registered firearm ended both threats, they calmed down and I gave them their money back. Sold both cars to happy customers later Been sued by the ex wife - didn't go well...Been sued by the guy who gutted my house after a fire - insurance didn't pay him so he sued me. Insurance had to pay but it's still on my credit as a judgement against me. An acquaintance has been sued, and lost, over dirt work - by lawyers who also were the customer.I think they set him up, mostly cause I don't trust the lawyer involved and I do trust the dirt guy.Pissed off his daughter enough that she is now a state's attorney.I think it's easy to get sued - I can see why people are jumpy over it. I think about it when I take on jobs.Dave J.Beware of false knowledge; it is more dangerous than ignorance. ~George Bernard Shaw~ Syncro 350Invertec v250-sThermal Arc 161 and 300MM210DialarcTried being normal once, didn't take....I think it was a Tuesday.
Reply:I've been involved in litigation/settlements before.  Sadly, its put a few smaller subcontractors out of business, usually those obligated to meet a certain code or specification requirement who took shortcuts thinking "it's only getting visually inspected", had their shoddy work uncovered unintentionally, and subsequently hammered for millions in large scale EPC schedule delays to repair the work.
Reply:I've only been asked to be a witness in a lawsuit...I'm a certified tool&die maker and my measuring skills were used as evidence..Last edited by brucer; 12-03-2013 at 02:15 PM.tackleexperts.comwww.necessityjigs.comhttps://www.facebook.com/groups/mach...dingequipment/
Reply:When I drove vw's I used to bring my car to a small euro auto repair shop, he was sued and is no longer in business.I don't recall the details very well but a BMW came in with a destroyed clutch that had damaged the trans housing, clutch replaced and a weld repair to the housing. Two months later he's getting sued, and had to go good for a brand new transmission, labour, etc.Briggs weldnpower 225/210/cvLn-25 suitcaseMillermatic 130
Reply:Gotta protect those nun's and puppies. While I have not personally been involved in any work related lawsuit. Thank God! A quick Google search turns up at least two news stories in which a weld failure is the direct cause of death, injury and therefore lawsuits.http://articles.chicagotribune.com/2...-stunt-weldinghttp://www.nytimes.com/2009/03/31/ny...rane.html?_r=0Sadly to say, but today's society is sue happy it seems. I am not saying that EVERY poor quality or non code weld is gonna fail resulting in someone being drug through the courts. Lord knows we have probably ALL done something shady or unsatisfactory with metal at one time or another. Be it either pressed for time or simply the proper equipment was not available. But when its your time, money and (especially if you own a business) reputation on the line think twice about ANYthing that may put others safety at risk. By the way, thanks for reminding me I have been selected for jury duty AGAIN this month. Thats the 3rd time this year. If you cant fix it with a hammer, it must be an electrical problem."Boy, everyone starts with a full bag of luck and an empty bag of experience. The trick is to fill the bag of experience before the bag of luck is empty."-Grandad circa 1990ish
Reply:And for fvcks sake if you DO something shady, DONT PUT IT ON THE INTERNET FOR THE WORLD TO SEE!!!Dont give the bastards the bullets to load into the gun they will shoot you with. If you cant fix it with a hammer, it must be an electrical problem."Boy, everyone starts with a full bag of luck and an empty bag of experience. The trick is to fill the bag of experience before the bag of luck is empty."-Grandad circa 1990ish
Reply:Originally Posted by ncountylinetalk about a simple trailer repair on here and some of these guys wet their pants.
Reply:I was sued when i was 19-21 ish years old for starting my own company and taking work from the the other company's even though they never had a deal or worked for the companys that were paying me.All it was a way to stress Me out and cause me to pay money for bull****. It took years to drop it then the other company went bankrupt. Then started a new company and didnt have to pay me anything back.
Reply:I have no affiliation with this person, just stumbled across his web site as he does weld testing in my area. There are several interesting reads on his experience as an expert witness in weld failures. Seems like a pretty smart cookie http://www.jesseagrantham.com/
Reply:Not welding related, but once some lady tried to sue me because I wouldn't stain the fence I put up, saying that I didn't put the fence on the property line, even after we discussed why I was moving it in 4'( big ole' sewer main).  She agreed to move the line in, but I guess the husband got tired of opening the gate to mow the lawn.  Of course, I made a mistake on the contract, to my advantage, and my (expensive) lawyer shut her right up.
Reply:Originally Posted by larpheadGotta protect those nun's and puppies. While I have not personally been involved in any work related lawsuit. Thank God! A quick Google search turns up at least two news stories in which a weld failure is the direct cause of death, injury and therefore lawsuits.http://articles.chicagotribune.com/2...-stunt-weldinghttp://www.nytimes.com/2009/03/31/ny...rane.html?_r=0Sadly to say, but today's society is sue happy it seems. I am not saying that EVERY poor quality or non code weld is gonna fail resulting in someone being drug through the courts. Lord knows we have probably ALL done something shady or unsatisfactory with metal at one time or another. Be it either pressed for time or simply the proper equipment was not available. But when its your time, money and (especially if you own a business) reputation on the line think twice about ANYthing that may put others safety at risk. By the way, thanks for reminding me I have been selected for jury duty AGAIN this month. Thats the 3rd time this year.
Reply:I was involved in a wrong full death suit. My testimony helped get the case thrown out. Same accident, the other injured party's wife tried to sue for her husband being unable "to perform his husbandly duty". That case got tossed when she had a baby during the case, lol.
Reply:Interesting topic, sad but real...In the 70's worked for a heavy equipment builder & in the time I was there they were sued from time to time. Of interest I remember they were sued for a mine company worker who was welding on a coal truck rim (tire mounted) in a maintenance shop. The resulting explosion removed 2 walls and a large portion of the roof (most of the worker went through the roof). Another with the same company was a steel mill maintenance guy working on a slag pot carrier suspension strut (dis-assembling), it was pre-charged with about 90 cu. ft. of nitrogen at 1700psi... Somehow he managed to remove the locking segments that held the ball stud retainer in the cylinder and it shot basically a 70lb ball with a pointy end completely through his middle and out through the walls of the building (of interest here is no one ever figured out how he did it).Suit against later employers included repaired equipment failures (no casualties), failure to perform (project delay) once for including non conforming materials (friggin' interstate bridge, canadian fasteners & some non-cert misc. iron, no excuse for that one, it was just stupid - READ THE DETAILS BOYS!)...Testified or deposed several times through the years till I went private contractor in '93. The last was a suit by a former employer for non-payment by a customer (I was served & testified for plaintiff). They lost the judgement but justice prevailed as the non-paying customer was eventually caught in a ponzi scheme and the owners are now in federal prison!  Story here-> http://www.fbi.gov/springfield/press...0/si120210.htm    Some of the equipment that didn't exist prolly were my design and in fact producing for years (new paint, new machine???)... Some amazing tools out there folks!It's been quiet for the last 20 years & I don't miss the big show at all. Best of luck,Matt
Reply:Originally Posted by DetailerDaveI was involved in a wrong full death suit. My testimony helped get the case thrown out. Same accident, the other injured party's wife tried to sue for her husband being unable "to perform his husbandly duty". That case got tossed when she had a baby during the case, lol.
Reply:Originally Posted by gnm109Did they ever find the father?
Reply:I had to sue a former landlord over a $1700 security deposit. He waited til after the legal alloted time to pay up or send me, in writing, documentation specifying any charges against the security depoit. Of course, I never said a word to him about it until after the time limit expired. I figured to let him hang himself. When I brought it up to him, he laughingly told me that I knew how slow his wife was, and that her mom passed away 3 months before, etc. Come court day, he was all jovial, confident, and all that. When the judge asked if anyone had anything to say, I acted stupid, lol, and said does the statute of limitations run out after X amount of time mean anything? His face dropped to the floor, and he started stuttering. He tried to make some excuses, but the judge didnt buy them. I won the judgement, and lucky for me, his wife worked for the state. The court garnished her wages, and I got a check every couple of weeks until it was paid off. I shoulda been a lawyer, lol.
Reply:"wife tried to sue for her husband being unable "to perform his husbandly duty". That case got tossed when she had a baby during the case, lol."I wonder if a DNA test was ordered to determine who the father was. LOLEDIT   Never mind.  I was snickering so much I missed the other posts directed at this statement that I scrolled to the bottom and put my $0.02 in before I read on.Last edited by walkerweld; 12-04-2013 at 11:34 AM.
Reply:i was in the then governor pataki's rescue attempt for survivor's at the wtc and got caught up in the litigation that followed. it seemed to last forever.i.u.o.e. # 15queens, ny and sunny fla