I think it's a clear case of neglegence

[capt kirk]

What is the name of your state (only U.S. law)? I live in Missouri but my problem is in Arkansas. I can't figure out which forum I need to go to maybe you can help me. Here's what happened to me today:

This past Tuesday I purchased a new gearbox for my brush hog from a local tractor company (not online). I got it home and mounted it on the brush hog....and mowed for a couple of hrs. Then, it seized up!! I drove my tractor back to the barn and inspected the new gearbox. I found that it had NO oil in it at all.

I then called the tractor place where I purchased it (about 2 hrs ago), told them what happened and they asked if I had put oil in it???? I told them that it was sealed when I got it and no one told me to put oil in it. They said that they were sorry, but they couldn't do anything for me as I should have put oil in it after I installed.

Again I told them that no one had said anything about that and I was going to get an attorney. They said "FINE" we have an attorney too.....and he hung up on me.

What do you think?

 

[Zigner]

What is the name of your state (only U.S. law)? I live in Missouri but my problem is in Arkansas. I can't figure out which forum I need to go to maybe you can help me. Here's what happened to me today:

This past Tuesday I purchased a new gearbox for my brush hog from a local tractor company (not online). I got it home and mounted it on the brush hog....and mowed for a couple of hrs. Then, it seized up!! I drove my tractor back to the barn and inspected the new gearbox. I found that it had NO oil in it at all.

I then called the tractor place where I purchased it (about 2 hrs ago), told them what happened and they asked if I had put oil in it???? I told them that it was sealed when I got it and no one told me to put oil in it. They said that they were sorry, but they couldn't do anything for me as I should have put oil in it after I installed.

Again I told them that no one had said anything about that and I was going to get an attorney. They said "FINE" we have an attorney too.....and he hung up on me.

What do you think?

I think you should have added oil. I think you should have researched proper installation. Heck, you could even have ASKED.

 

[justalayman]

What is the name of your state (only U.S. law)? I live in Missouri but my problem is in Arkansas. I can't figure out which forum I need to go to maybe you can help me. Here's what happened to me today:

This past Tuesday I purchased a new gearbox for my brush hog from a local tractor company (not online). I got it home and mounted it on the brush hog....and mowed for a couple of hrs. Then, it seized up!! I drove my tractor back to the barn and inspected the new gearbox. I found that it had NO oil in it at all.

I then called the tractor place where I purchased it (about 2 hrs ago), told them what happened and they asked if I had put oil in it???? I told them that it was sealed when I got it and no one told me to put oil in it. They said that they were sorry, but they couldn't do anything for me as I should have put oil in it after I installed.

Again I told them that no one had said anything about that and I was going to get an attorney. They said "FINE" we have an attorney too.....and he hung up on me.

What do you think?

I agree with you 100%. It's a clear case of negligence: yours.

I don't see you winning anything here.

 

[Mass_Shyster]

What do you think?

The only way to prove negligence on the part of the store/manufacturer is to demonstrate that gearboxes are normally sold with oil, or should be sold with oil. Unfortunately, I don't think they are.

 

[sandyclaus]

What is the name of your state (only U.S. law)? I live in Missouri but my problem is in Arkansas. I can't figure out which forum I need to go to maybe you can help me. Here's what happened to me today:

This past Tuesday I purchased a new gearbox for my brush hog from a local tractor company (not online). I got it home and mounted it on the brush hog....and mowed for a couple of hrs. Then, it seized up!! I drove my tractor back to the barn and inspected the new gearbox. I found that it had NO oil in it at all.

I then called the tractor place where I purchased it (about 2 hrs ago), told them what happened and they asked if I had put oil in it???? I told them that it was sealed when I got it and no one told me to put oil in it. They said that they were sorry, but they couldn't do anything for me as I should have put oil in it after I installed.

Again I told them that no one had said anything about that and I was going to get an attorney. They said "FINE" we have an attorney too.....and he hung up on me.

What do you think?

I'm pretty sure the only negligence here is your own.

Who instructed you on what kind of gearbox to buy and how to install it? If you learned through self-instruction, then you alone are responsible for knowing all you need to know about the mechanics and installation procedures. If you know anything about how engines and transmissions operate, you know that they need oil to lubricate the metal-on-metal surfaces. You assumed that the gearbox came fully sealed and oiled, but you never bothered to ask. Your assumption caused you the seizure of the gears.