Wellness

[Lindsays Grandma]

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?

[Jtdmum]

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. 

[Nugbucker]

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.

[GCR18]

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.

[BirkiLady]

@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. 

[Pook]

 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!

[RedTop]

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.    

[Love my grandkids]

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.

[Equuleus]

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.

[GAQShopr53]

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.