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Super Contributor
Posts: 298
Registered: ‎01-03-2013

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.

Trusted Contributor
Posts: 1,200
Registered: ‎06-18-2018

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.

Trusted Contributor
Posts: 1,318
Registered: ‎03-10-2010

@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. 

Valued Contributor
Posts: 552
Registered: ‎03-10-2010

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. 

Honored Contributor
Posts: 16,019
Registered: ‎06-09-2014

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.   

Regular Contributor
Posts: 186
Registered: ‎11-18-2018

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 ? 

Honored Contributor
Posts: 9,305
Registered: ‎06-08-2016

@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.

Trusted Contributor
Posts: 1,946
Registered: ‎03-08-2018

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.

Honored Contributor
Posts: 17,517
Registered: ‎06-17-2015

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"" Compassion is a verb."-Thich Nhat Hanh
Esteemed Contributor
Posts: 6,672
Registered: ‎03-10-2010

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. Heart

The moving finger writes; And having writ, Moves on: nor all your Piety nor Wit Shall lure it back to cancel half a Line Nor all your Tears Wash out a Word of it. Omar Khayam