Wellness

[ALRATIBA]

That's up to the judge/jury to decide based on applicable laws in that jurisdiction.

[SeaMaiden]

Nothing was said about where he lived... an apartment? His home?  If it was like an apartment... it would be the apartments job to say salt and prepare the slick areas  and put up signage stating the danger...  if that was not done then they have a case. 

 Where I live  IF you have a sidewalk infront of your home... it is YOUR JOB LEGALLY to keep the side walk free of snow... branches... bushes... ice  etc.... and to make the sidewalk safe as you can... putting up a sign if it is really icy and slick no matter what is done.

[Nugbucker]

One other thing I just thought of- here in MN, it tends to drizzle before snowing. It did last night, as a matter of fact. You can almost always count on ice being under snow, and regardless of how well (or half ******ed, I guess) something is plowed, you can still fall. My driveway is at an incline. My husband snow blows and he’s meticulous. I still will not walk up or down that driveway in winter if I can avoid it. Accident waiting to happen.
And I still say the lawsuit is frivolous.

[CrazyDaisy]

From the post it sounds like he fell on his property, the day after it snowed.  If the driveway was not plowed to his liking, it is his responsibility to either do it himself or make sure the company comes back out to do the job properly  Since there is no mention of him contacting the plow company to come back out, guess he would be responsible for his fall.  So he could sue himself????

[hckynut]

@Lindsays Grandma

Unless I missed it, who is this man suing? Does he live under and HOA agreement? We live in a rural type area and the County does our Road Maintenance, which includes, plowing our road in and out. Our driveway? That is our responsibility.

We have a drive route USPS Delivery, and our mailbox is across on the opposite side of this road. It also slants uphill in 1 direction, and downhill in another.

Now even though I have once again become an excellent ice skater, I put on my rubber cleated devices that do not slip on ice, I forgot the name, but they work great. If I fall on that road, I doubt I would win a lawsuit against The County.

An individual can file a lawsuit for anything they wish, but their case can also be thrown out as a Frivolous Lawsuit. This one? I personally think it is up to each individual when it comes to taking caution in protecting themselves from injury, but if he lives in an HOA? Should he win a fairly large settlement, you can bet all the homeowners in that HOA will probably be paying for most of the settlement, including the Plaintiff!

hckynut

[Lindsays Grandma]

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@hckynut wrote:

@Lindsays Grandma

Unless I missed it, who is this man suing? Does he live under and HOA agreement? We live in a rural type area and the County does our Road Maintenance, which includes, plowing our road in and out. Our driveway? That is our responsibility.

We have a drive route USPS Delivery, and our mailbox is across on the opposite side of this road. It also slants uphill in 1 direction, and downhill in another.

Now even though I have once again become an excellent ice skater, I put on my rubber cleated devices that do not slip on ice, I forgot the name, but they work great. If I fall on that road, I doubt I would win a lawsuit against The County.

An individual can file a lawsuit for anything they wish, but their case can also be thrown out as a Frivolous Lawsuit. This one? I personally think it is up to each individual when it comes to taking caution in protecting themselves from injury, but if he lives in an HOA? Should he win a fairly large settlement, you can bet all the homeowners in that HOA will probably be paying for most of the settlement, including the Plaintiff!

hckynut

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Unfortunately I have no idea who he is suing or if the house he lives in has an HOA.  The reason I asked the question is because the way I see it, even though the driveway was plowed, when venturing out, one is responsible to be cautious, especially in a state that has very low temps along with snow falls, and I wanted to see if others feel the same as I do.  So far the majority rules.

[Bird mama]

@Nugbucker  I'm in Michigan and have a double wide (lol) driveway at an incline.  I shovel mine and then I follow behind it with paw safe snow melting crystals.  That driveway gets the rising sun so I may not see ice at night but patches of it will surely be there in the morning. 

At my age break dancing down my driveway is not attractive.

[Nugbucker]

@Bird mama- the paw safe ice stuff is a great idea. I know my husband uses it on our deck and stairs so my dogs can get up and down safely. My poor old girl tumbled a bit last winter and you can see the hesitation in her eyes when it’s time to go out. She remembers! Lol. Also now I’m picturing ‘break dancing’ down a driveway... and laughing hard at 5:15am!

[Lindsays Grandma]

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@hckynut wrote:

@Lindsays Grandma

Unless I missed it, who is this man suing? Does he live under and HOA agreement? We live in a rural type area and the County does our Road Maintenance, which includes, plowing our road in and out. Our driveway? That is our responsibility.

We have a drive route USPS Delivery, and our mailbox is across on the opposite side of this road. It also slants uphill in 1 direction, and downhill in another.

Now even though I have once again become an excellent ice skater, I put on my rubber cleated devices that do not slip on ice, I forgot the name, but they work great. If I fall on that road, I doubt I would win a lawsuit against The County.

An individual can file a lawsuit for anything they wish, but their case can also be thrown out as a Frivolous Lawsuit. This one? I personally think it is up to each individual when it comes to taking caution in protecting themselves from injury, but if he lives in an HOA? Should he win a fairly large settlement, you can bet all the homeowners in that HOA will probably be paying for most of the settlement, including the Plaintiff!

hckynut

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My friend sent me an e-mail message yesterday 12/22, he will be going home in two weeks.  He said the lawyer indicated he has a good case, still don't know who is being sued.  He had a titanium ball glued to the femur, to me that is a foreign language, are you familiar with it?  My hip break required two pins which I can understand. 

[Lindsays Grandma]

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@GAQShopr53 wrote:

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.  

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Heard from him via e-mail...his attorney said he has a good case and doctors agreed he can go home in two weeks.  He calls the physical therapy torture.  When I was in rehab for a broken hip I didn't mind the therapy, what I didn't like was so much of it, but it got me where I needed to be.