A farmer who tried to sue a caravanning couple for accidentally starting a bushfire has lost the case in court.
The blaze in question took hold near Bunbartha in Victoria’s Goulburn Valley on February 9, 2014 on a windy, 40 degree-plus day when a total fire ban was in place.
The County Court heard that the caravanners were towing their caravan between Barmah and Shepparton when there was a sudden jerk and a bang. The Riverine Herald reports that the car veered slightly onto the wrong side of the road, but the driver, Carl Scammell, gained control and came to a stop.
The newspaper says the caravan’s passenger wheel and tyre had come off, and a grass fire started and spread quickly in the adverse weather conditions. The fire destroyed a farming property, and the owners sued the couple alleging negligence and seeking $230,000 in damages.
The plaintiff’s case was that Mr Scammell must have ‘made a mistake’ in fitting or maintaining the bearing because most cases of bearing failure were due to human error in the installation or maintenance of the bearings.
The bearing was destroyed, but the Riverine Herald reports that expert evidence during the trial revealed that a limited number of bearings did fail despite proper fitting and maintenance.
The accepted research holds that when properly installed and maintained, bearings designed for use in the wheels of road vehicles, including cars or caravans, have a life expectancy of 100,000 kilometres or more. However, as many as 10% will fail before then.
The caravan in question had apparently done 4,640 kilometres since the new bearings had been fitted.
The Herald reports that the bearing had a 10% chance of failing before 100,000 kilometres but a 0.03% chance of failing around the 5,000 km mark despite being correctly installed and maintained.
In her finding Judge Jeanette Morrish said that she was satisfied Mr Scammel was experienced and competent in maintaining his vehicles and regularly checked the bearings and that there was a 0.03% chance the bearing failed through no fault of the caravan owners.
“In all the circumstances, I am not satisfied on the totality of the evidence that the plaintiffs have established to the requisite degree that Mr Scammell ‘made a mistake’ in the installation or maintenance of the bearing,” Judge Morrish found.
The claim was dismissed.
We are quickly becoming as Litigious as the USA. This should have been a relatively simple insurance claim for the Farmer.
A great result for the caravanner, and good to see common sense prevail. I keep wondering if there was a fire break at the property boundary. Have seen plenty of these in mid western NSW in my travels.
Many years ago, on a trip to Cape Yorke, friend from Sydney got to Proserpine with a new boat trailer, and one of the bearings failed. Distance of approximately 2200 klm. It was Good Friday, so limited services available. We managed to find a replacement stub axle, cut off the damaged stub and attached the replacement with u bolts. The next day in Cairns we went to a friend’s workshop and welded the new stub in place.
New bearings can fail for no apparent reason, rare but does happen. In our group we had mechanics, professional welders, and an engineer, all amazed at the bearing failure.
New bearings fail from poor installation.
I can see the farmers point of view. Anybody would be pretty sour
To lose 230.000 when it was not their fault
I hope they appeal and win. Somebody.s action or lack of action caused someone else to lose 230.000.
It’s pretty fair for them to get compensated
If the wheel fell off and caused an accident, injury or death the caravanner would 100% be responsible. There is no way they could avoid a penalty.
Wheel falling off causing damage is same scenario