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Being Sued for a slip and fall...

Discussion in 'Business Fundamentals' started by snownice, Jul 1, 2011.

  1. snownice

    snownice Junior Member
    from 60010
    Messages: 26

    Being sued for a slip and fall from over a year and a half ago. Lady wearing high heels slips on the edge of the curb and breaks her wrist. Now my insurance has to settle with her and you know what that means..... RATES GO UP
  2. cat320

    cat320 2000 Club Member
    Messages: 2,222

    my first question would be why is she wearing high heels if the weather is bad and there is ice and snow on the ground?? if she had more commone sense and wore boots maybe she would not of fallen and did she slip on ice or the curbing itself? maybe she should sue the town ?
  3. Mick76

    Mick76 2000 Club Member
    from Maine
    Messages: 2,157

    Do you have your documation of that season that you could give the insurance company to fight the suit?
    Last edited: Jul 1, 2011
  4. Fourbycb

    Fourbycb Senior Member
    Messages: 574

    A year and half later I say NO CASE Thrown out
  5. snownice

    snownice Junior Member
    from 60010
    Messages: 26

    We keep a log as to when our trucks are at a site. I think if you live in the Midwest your should dress appropriately and be responsible for your own actions.
  6. cet

    cet PlowSite Fanatic
    Messages: 7,196

    1.5 years is nothing. I got severed with one that was 4 years old.

    I would have them fight it. She can't get much for a broken wrist. Most likely still went to work. These law suits have to be fought, they are out of control.
  7. cat320

    cat320 2000 Club Member
    Messages: 2,222

    they are out of control there is an element of danger in everything we do but it is such a scam when you can sue some one else because they where to stupid to look out for ice or snow or what ever and be quick to blame some one else.
    do you honestly thing if it was not as easy to be able to sue or just nusence money that people would bother with something that was of there own stupidity . hellow it's winter watch out for ice and snow even a week after the event as it could refreeze and ice up.
  8. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    So she tripped over the curb and it's your fault,why?

    And if there was ice.

    In Carrender v. Fitterer, 469 A.2d 120 (Pa. 1983), plaintiff slipped and fell on a patch of ice in the parking lot of her chiropractor’s clinic. A sheet of smooth ice covered the area between plaintiff’s car and another parked car, but the remainder of the parking lot was free of snow and ice. The trial court entered judgment in favor of plaintiff, and the Superior Court affirmed. Reversing and remanding, the Supreme Court held that plaintiff failed to establish the requisite element of duty to establish a prima facie case of negligence. Id. at 124. That is, the defendant was under no duty to either take precautions against or to warn of the dangerous condition presented by the isolated patch of ice on the parking lot as plaintiff recognized the danger and could have avoided it. Id. at 123.
  9. bradlewislawnca

    bradlewislawnca Member
    Messages: 59

    or in NY you can't sue when storm in progress and just write in your contract not liable for anything that happens when not on site. keep logs and your set. I think.....
  10. csi.northcoast

    csi.northcoast Senior Member
    Messages: 320

    I have several opinions on this, I have been sued over the stupious (maybe not a word but should be) things.. it has been my exp as follows

    1. most insurance companies will settle for about 10 grand before they litigate (the cost of attorneys fees ,, expert witnesses and such make it more cost effective to settle)

    2. Most plaintiffs attorneys know this and they will walk away with a few grand for little work.

    3. they will go after everyone, the snow contractor, the parking lot owner/mgmt company, company who put the curb in etc. more defendatns the more insurance settlement to count up. they may even go after every employee/sub who was on the property

    4. the statute of limitations in most state for a suit is 2 years

    5. make sure you have all your documentations, weather conditions, notes from drivers/sub

    6. watch out for their expert., i wont go into someone involved with sima who is a expert witness for several slip and fall case ( i already made my feeling know about him)

    don't let this consume you do what you normally do to grow and run your business, let your attorney take care of this.. that what he gets paid to do...good luck