topic Re: A LAW SUIT FOR THIS? in Wellness

A LAW SUIT FOR THIS?

Lindsays Grandma — Thu, 20 Dec 2018 01:28:19 GMT

A very good friend of mine slipped on ice and broke his right hip...the following is a breakdown of the accident;

He lives in Minnesota where it snowed on a Thursday the 6th and because of the area where he lives their driveway was plowed as he claimed "half a**ed. On that Saturday the 7th the he ventured out to bring in the trash cans from the end of the driveway and hit an ice patch and went down hard on his hip. Surgery on Sunday the 8th, two days in ICU and then transferred to a rehab where he will be for at least a month.

His daughter is a registered nurse and along with her husband have filed a law suit for her father to which he agreed. Now I don't know if this can be considered law suit material. When one ventures out several days after a snowfall even though the area was plowed, in my opinion should be careful and look very closely at the ground. Wouldn't that be what a lawyer would say, rather than blame the company that plowed the driveway? Is it law suit material? My way of thinking says no, but I may be wrong, what do you say?

Re: A LAW SUIT FOR THIS?

Jtdmum — Thu, 20 Dec 2018 01:34:49 GMT

I think there are two sides to every story and sometimes a third side.

If I'm not standing right there watching and hearing what is happening I can't have an opinion.

What you write sounds like a frivolous way for somebody to make a buck and block up the overburdened courts.

I didn't see the driveway, have no idea what the actual weather was that day and what type of shape that man was in, if he should have been in that position in the first place.

Mabye his daughter, son in law should not have allowed him out and they should be sued?

Who knows.

Re: A LAW SUIT FOR THIS?

Nugbucker — Thu, 20 Dec 2018 02:07:16 GMT

Well, I’m a Minnesotan and here’s what I know, having been born and raised here- in the winter, there’s always ice. And regardless of what’s ‘plowed’, you still have to be very careful. I grew up in North Minneapolis and a lot of times people barely shoveled their sidewalks. We walked to school a lot of days, too. Have I fallen on ice? Hellll yes, in fact, I fell outside my doctors office a few winters ago. My fault, I wasn’t paying attention. I rang my bell pretty good though, that is for sure. But it didn’t occur to me to sue anyone. It just reminded me to be more cautious.
Do I think the lawsuit is frivolous? Yes I do. As always, that’s only my opinion.

Re: A LAW SUIT FOR THIS?

GCR18 — Thu, 20 Dec 2018 02:25:33 GMT

From what's posted, it sounds ridiculous. He shouldn't have ventured out if he thought the plowing wasn't adequate or he should have put on his yak traks. Where's his personal accountability. Was he wearing appropriate footwear? Did he put down some salt? I have no sympathy for his lawsuit.

Re: A LAW SUIT FOR THIS?

BirkiLady — Thu, 20 Dec 2018 02:31:33 GMT

@Lindsays Grandma How does this involve you? If he agrees to a lawsuit against the snow removal crew, that's his business. He/they need to hire another snow removal crew ASAP. Gossip could harm his chances of having the driveway cleared in the future by another reputable crew.

Hopefully, he will recover fully from his injuries and return home before winter is over in MN.

Re: A LAW SUIT FOR THIS?

Pook — Thu, 20 Dec 2018 02:34:44 GMT

It sounds like it was his property and in his opinion it was plowed "half A###". He is responsible for his property. He also should not have been out. You can't control ice patches when the weather is bad!

Re: A LAW SUIT FOR THIS?

RedTop — Thu, 20 Dec 2018 02:45:42 GMT

In cases like these, someone is simply looking for the slightest link of liability, with the hope of a financial settlement thru a liability insurance policy. If any liability is found on the business contracted to do the plowing, the insurance company covering him for liability, will likely make an offer to settle out of court for X amount of dollars.

Re: A LAW SUIT FOR THIS?

Love my grandkids — Thu, 20 Dec 2018 03:27:42 GMT

If the facts are exactly as stated, I hope the lawsuit gets tossed out.

Ice in Minnesota weather is an act of God or nature, take your pick.

He fell, he got hurt. That's too bad but there is NO ONE to blame.

Totally ridiculous.

Re: A LAW SUIT FOR THIS?

Equuleus — Thu, 20 Dec 2018 04:02:59 GMT

If it's his own property that's ridiculous. They can't hold a plow company responsible for his falling. I think it's laughable.

Re: A LAW SUIT FOR THIS?

GAQShopr53 — Thu, 20 Dec 2018 04:41:36 GMT

I am sad for his fall and injury and glad to hear he is doing okay...I think he has a great case...against his own insurance company. Nowadays most companies will add disclaimers that resolve them of liability and most of the time it is in the "FINE PRINT" and on top of that whose to say it was a lou***sy job.

I would have inspected before they finished the job if possible. It is the homeowners responsibility to take care of their own property unless we are talking about a public place and still those type of cases are still hard to win.

Re: A LAW SUIT FOR THIS?

GraceLady — Thu, 20 Dec 2018 04:49:57 GMT

I have an uncle that fell while walking his dog in Minnesota. He hit his head and suffered traumatic brain injury. He was hospitalized at Mayo for two months, first in ICU, then transitioning down, finally into rehabilitation. It has left him an epileptic with memory loss and impaired motor skills, so his life is forever changed.

This happened in front of a house where the homeowner had not kept up his walk as the neighboring homes had. It had something to do with ice building up in front of this particular house, I think. (I just don't know about these things, but the homeowner should have been doing something he didn't.) We asked about the homeowners insurance picking up what wasn't covered by the health insurance, and possibly a settlement. He said that you can't sue for that in Minnesota. Having been there recently, I can attest to how well kept and unlittered the everything is. Apparently, there is no dispute that the homeowner was negligent, but there was (supposedly) no recourse. I know things differ from state to state, but that seems terrible.

All that to say, how can you sue for what is basically a regular occurance in that area of the country? That sounds like a money grab.

Re: A LAW SUIT FOR THIS?

WindingRoad — Thu, 20 Dec 2018 05:02:35 GMT

By law, besides injury there has to be negligence. I feel bad for him but none here, only his. Unless we are not getting the whole story.

Re: A LAW SUIT FOR THIS?

Tribesters — Thu, 20 Dec 2018 11:10:12 GMT

@Lindsays Grandma

I know some, if not most, plow contracts state they’re not responsible for ice build-up. You’re paying them to plow & usually only when there’s over a certain amount of snow. If you’re paying for salt/ice melt also then that’s another issue. But like others have said you still have to be careful & have proper footwear. And this accident happened 2 days after plowing? I wouldn’t hold the plow company responsible for this at all.

Re: A LAW SUIT FOR THIS?

shopperqvc — Thu, 20 Dec 2018 11:48:15 GMT

In states where their is usually snow and ice, you have to be careful and decide whether you want to go out. If you hire someone to do a job, you are the one paying for their work and it's up to you to choose whether to pay them at the time the work is done.

If he looked out and saw that the work hadn't been done to his satisfaction, he should have said something to the person, and he then should have made up his mind to stay in his house. It sounds like he did neither of those.

Once he went out, he was responsible for his actions while outside. Now, after falling and getting hurt, it's suddenly someone else's responsibility?

People fall on ice patches everyday in the areas of the world where there is ice forming. Many get hurt badly. But, they chose to go out. It's a shame he was injured, but it's not someone else's fault he stepped on ice. "Black ice" is difficult to see until it literally trips you up.

Depending on his age and ability to walk, maybe his daughter that is leading the charge to sue, should have told him to stay inside and either she or her husband would be over to bring in the trash cans.

We are living in a "not my fault" society these days, and we sue someone else for things that are beyond their blame. The courts are filled with cases like this.

Re: A LAW SUIT FOR THIS?

Laura14 — Thu, 20 Dec 2018 13:20:55 GMT

Another example of the necessity for loser pays in the court system.

Unless Mother Nature will answer a supina, you don't step on ice if you don't want to slip and potentially break your backside. Anyone in a snow belt knows this.

I feel bad for him and what he's going through but I didn't sue the bush I tripped over when I broke my wrist last summer. I just had a bonfire with it and paid my own medical bills.

Re: A LAW SUIT FOR THIS?

patofl — Thu, 20 Dec 2018 13:40:59 GMT

Plowing only removes snow. If there is ice still remaining it would be the responsibility of the property owner to remove the ice by using salt etc. If the injured party is the property owner, who can he sue ?

Re: A LAW SUIT FOR THIS?

software — Thu, 20 Dec 2018 14:04:33 GMT

@patofl wrote:
Plowing only removes snow. If there is ice still remaining it would be the responsibility of the property owner to remove the ice by using salt etc. If the injured party is the property owner, who can he sue ?

That was my question, too.

Who is he suing?

If the lawsuit has been filed, some lawyer thinks it's a good thing.

Usually these types of lawsuits are filed at no cost, contingent on winning the case.

Re: A LAW SUIT FOR THIS?

mimomof4 — Thu, 20 Dec 2018 14:18:53 GMT

These days unfortunately there is always a reason for a lawsuit and someone is out to make an easy buck. IMO this sounds ridiculous as you should be careful in the winter.

I remember being in a car accident and one of the first questions someone asked me was if I was going to sue. I wasn't even injured so why would I waste someones time - but that justs shows you how sue happy our society is.

Re: A LAW SUIT FOR THIS?

Cakers3 — Thu, 20 Dec 2018 15:24:06 GMT

Re: A LAW SUIT FOR THIS?

Lindsays Grandma — Thu, 20 Dec 2018 18:22:39 GMT

Thanks to all of you for your thoughts on this matter. I also believe if a person is going to walk where there was recently snow, plowed or not, one should take extreme care in doing that. He is doing okay but will miss Christmas at home. I fell in my garage in 2015 and broke my right hip so I know the drill in recovery, slow, slow.