Wellness

[NYC Susan]

I haven't read any other replies yet, but here are my thoughts:  If he felt the driveway had not been plowed adequately, he shouldn't have walked on it.  He made a deliberate decision to go outside and walk in an area that he himself had determined not to be safe.  That was his choice. 

So I don't see how it can be the fault of anyone other than himself.  It's easy to throw blame around, but judges and the legal system give a lot of weight to common sense (and lack thereof.)

We also don't know, of course, if it had been plowed correctly or not.  That's his version, and the company likely would claim that they did a good job.  (I'm assuming it's the plow company he's planning to sue.)  He'll have no trouble finding an attorney to take the case because many attorneys will take on anything.  But I doubt this will go very far.

[Lindsays Grandma]

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@NYC Susan wrote:

I haven't read any other replies yet, but here are my thoughts:  If he felt the driveway had not been plowed adequately, he shouldn't have walked on it.  He made a deliberate decision to go outside and walk in an area that he himself had determined not to be safe.  That was his choice. 

So I don't see how it can be the fault of anyone other than himself.  It's easy to throw blame around, but judges and the legal system give a lot of weight to common sense (and lack thereof.)

We also don't know, of course, if it had been plowed correctly or not.  That's his version, and the company likely would claim that they did a good job.  (I'm assuming it's the plow company he's planning to sue.)  He'll have no trouble finding an attorney to take the case because many attorneys will take on anything.  But I doubt this will go very far.

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I agree, and as for an attorney saying, "You have a good case" means nothing, lots of them say that until a judge or jury says otherwise.  My friend is a very smart, knowledgeable, well informed guy and I'm surprised he is doing this but I'm keeping quiet, just waiting for it to play out.

[sfnative]

Though I've never lived in Minnesota, I did spend 6 years in a state where snow and ice were not uncommon.  There are certain "dos and don'ts" one practices, when living in states or areas with snowy and icy winters.  We presently live in a city which has sporadic snow and ice.

To that end and our previous 6 year winter location, we ALWAYS put on those devices which fit over one's shoes and have little spikey things on the bottom.  Sorry I cannot recall the name of them.  They are buried in our front closet right now waiting for ice.  These shoe devices are fabulous and allow one to get about on ice like you wouldn't believe.  Got ours at LL Bean.  I'm deathly afraid of taking a bad fall on ice, so when I say they work on bad ice, you can believe me.

Now back to the topic:  Honestly, I believe this to be frivilous.  Why?  Snow plow, sand/salt, whatever, in the end we are responsible for making sound decisions about what we do when we venture out onto a questionable surface.  In my book, if it has snowed, if ice has been laid down, melted, half melted, whatever, one ALWAYS errs on the side of caution.  Always.

Now, the parties involved are going to cost the taxpayers a bundle, due to lack of common sense and a "poor is me" attitude.  $$$

[haddon9]

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@GCR18 wrote:

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.

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I agree with this!  If you live in a place like Minnesota then you know that there is always going to be a lot of ice & snow over the winter (& beyond)!!..One should prepare and only venture out with footwear such as Yak Trax or similar.  They really do work very well at keeping one from falling on ice.

[cherry]

I Had a friend that fell outside of a McDonald's, and suffered some broken dental work. No lawyer would touch her case. SHe even had pictures, taken by a bystander, and that still wasn't good enough. She never sued ,because no one would take her case

[Cakers3]

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@cherry wrote:

I Had a friend that fell outside of a McDonald's, and suffered some broken dental work. No lawyer would touch her case. SHe even had pictures, taken by a bystander, and that still wasn't good enough. She never sued ,because no one would take her case

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@cherry  How did she fall?  Did McD have any responsibility?

She might have tried small claims for a maximum for her dental work.  No guarantee, but probably a  lot cheaper.

Lawyers today are after the big $$$$; I'm sure her dental work wasn't cheap to repair but lawyers want the big cases. 

I hope she was able to get the dental work repaired without too much financial difficulty.

[cherry]

She slipped on the ice @Cakers3. She said they didn't clean the walk properly. She is gone now, God rest her soul

[Cakers3]

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@cherry wrote:

She slipped on the ice @Cakers3. She said they didn't clean the walk properly. She is gone now, God rest her soul

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@cherry  That was sad.  Sorry for the loss of your friend.

[Daysdee]

Since it was on his property I wouldn't think he could win a law suit.  However, if someone else fell on his property maybe they could sue him for negligence.    Hope he recovers quickly from his injuries.