Maison Law advocates on behalf of injured tractor-ride victims. If you or a loved one has been injured on a tractor ride, the personal injury lawyers at Maison Law are here to aggressively pursue full compensation for your damages. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Tractor Ride Injury in California?
Farms across the Golden State will be opening their doors to the public and transforming their vast landscapes into fall festivals. Amongst the traditional activities such as pumpkin carving, apple picking, and corn mazes, tractor rides are considered one of the most dangerous. A tractor ride, or hayride, usually consists of a tractor and hay wagon linked together by a trailer hitch. Guests sit on top of blocks of hay stacked in the wagon while the tractor tows them around the farm or through a haunted trail in the woods. To many, this sounds like an enjoyable experience. However, many of these rides lack the safety features to prevent injury in case of an accidental fall from the wagon.
Tractor rides are extremely heavy. The tractor combined with the weight of the wagon and the people sitting inside can weigh well over 10,000 lbs. If a rider were to fall from the wagon, they risk being run over by the tractor or wagon, resulting in devastating injury. If you or a loved one happens to suffer a severe injury from a tractor ride, you can file a premises liability claim against the owner of the farm. However, blame may be passed around, making it difficult to claim damages.
Instead of attempting to file a personal injury claim yourself, you can partner with a premises liability attorney. An attorney will ensure the liable party’s insurance is aware of your right to compensation and will make a settlement demand on your behalf. In addition, an attorney will:
- Make you, and the liable party, aware of the compensation needed to treat your injuries and make a full recovery
- Help you understand what a fair settlement should be based on your case
- Build a case by gathering evidence such as:
- Proof of the damages you’ve suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence the accident was in no way your fault, nor could you have done anything to prevent it
- File a claim in court if a settlement cannot be reached and present your case in front of a jury
Common Causes of Tractor Ride Accidents
One of the most dangerous features of a tractor ride is the lack of federal regulation. As of 2024, there is no federal law governing the safety of tractor rides in the United States. So, there are no background checks, permits, or licenses to operate a tractor ride, which puts thousands of lives at risk every fall season. Another concern is most farms do not invest time into safety training or removing safety risks before opening to the general public. For these reasons, tractor-ride injuries are a very real threat to fall festival-goers in California. Some of the most common causes a tractor-ride accidents include:
- Inadequate equipment being used: farm wagons are not typically used to transport people. This farm equipment lacks sidewalls, proper seating, and no interior lighting, making falls more likely.
- Failing to account for the loading and unloading of people: getting in and out of a trailer involves having adequate stairs, or a loading and unloading dock for people to get on and off the ride. This often goes overlooked by most farms and can cause injury to guests, especially children.
- Lack of safety procedures: different safety procedures are needed for farms when children of all ages are invited on to the premises. Many farms fail to provide additional safety procedures to their land when hosting a fall festival.
How Does the Law Apply to Tractor Ride Injuries?
If you suffer injuries from a tractor ride, an attorney can file a lawsuit against the farm or tractor owner under premise liability. This is covered in California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
Let’s say, for example, you’re being towed in a hay wagon by a tractor around a farm at a fall festival. The tractor driver takes a sharp turn over a large tree root without slowing down and the wagon jumps, sending you tumbling over the edge. You sustain a pretty serious head injury when you hit your head on a rock. Who is liable for your injury in this case?
Depending upon an investigation, several parties could be liable. However, the property owner is typically liable in a premises liability. To prove liability in this instance, you will have to prove:
- The farm owner created a dangerous condition and allowed it to exist on its property or allowed one to manifest
- The farm owner knew about a dangerous condition but did nothing to fix or remove it
- The farm owner reasonably should have known the hazardous condition existed and did nothing about it
Next, you will have to show that:
- Your injuries were due to the dangerous condition
- You suffered harm that can be verified by a doctor or hospital
What is the Typical Compensation for a Tractor Ride Injury in California?
Unfortunately, there is no typical compensation for a tractor ride injury claim. However, your economic damages are a good indicator of what you can expect to receive. These include:
- Medical expenses: your current bills and the cost of your anticipated, future medical care
- Lost wages: these include wages lost while you were too injured to work, as well as damages to your future earning capacity if your injuries are too severe for you to resume your occupational duties
- Medical equipment: costs of altering your home, or vehicle due to your disability
- Property damages: if any damage was done to your property during the accident it can be included in your compensation
Other compensation-deciding factors include non-economic damages. These damages cannot be assigned a specific value because they include:
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of consortium (to be filed by your spouse or immediate family member due to loss of love or companionship)
FAQs
Q: How does “duty of care” apply to a tractor ride accident?
A: Property owners must exercise a “duty of care” to take reasonable steps to maintain their property, discover potential hazards, and warn visitors of foreseeable hazards that exist.
Q: How many tractor ride injury cases end up going to trial?
A: Very few tractor ride injury claims go to trial. If there is an unwillingness to settle, then you will go to trial. However, many cases will end up settling out of court.
Q: What’s the deadline for filing a tractor ride injury claim in California?
A: 2 years from the date of your accident. This is why it is important to file an injury claim with the property owner or contact a reputable personal injury lawyer the moment the accident occurs.
Q: Do I have to go to court to receive compensation?
A: No, you do not have to go to court to receive compensation. Most personal injury lawsuits settle out of court, in which case your attorney will collect your compensation from the insurance company and give it to you.
Contact a Tractor Ride Injury Lawyer in California
If you or a loved one have suffered injuries due to a tractor ride, our skilled accident attorneys at Maison Law can help. We are experts in premises liability and we have years of experience in aggressively pursuing fair compensation for injured victims. For immediate legal counsel, contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees and you don’t pay a cent until we’ve won your case.
