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First slip and fall..

Discussion in 'Snow Management Safety & Training' started by ducaticorse, Feb 14, 2013.

  1. ducaticorse

    ducaticorse PlowSite.com Addict
    from we
    Messages: 1,426

    Was notified this morning via an email forwarded by one of my PM's regarding a tenant at one of their properties who claims to have slipped on a walk sometime on Tuesday, and the resulting fall caused a fractured clavicle and a torn rotator cuff.

    We were at the property three times since Saturday, Last night we reapplied deicer. We did a full clean with a bobcat snowblower and shovelors on Sunday evening. In fact, one of the neighbors even called to complain about us working because of the noise, and I spoke with the PM while on site so it's all documented.The PM also did site checks on all properties and signed us off with a job well done.

    The letter the tenant wrote references a "bucket of icemelt" was supposed to be provided for use at their own discretion. I don't have any of that in my contracts with the management company.

    We haven't been contacted by an attorney as of yet, as this is in it's preliminary stages, in fact, the PM is not returning the email from the tenant until she has received advice from her own counsel.

    Looking forward to how this runs out....
     
  2. NorthernSvc's

    NorthernSvc's Senior Member
    Messages: 766

    do you have your own attorney / counsel...
     
  3. NorthernSvc's

    NorthernSvc's Senior Member
    Messages: 766

    many guys on here will tell you to run to the insurance company first... big mistake - they are only worried about self preservation, you need someone on your side to make sure you are taken care of. let the insurance company do all of the big fights, but make sure you have someone in your corner looking out for you.
     
  4. ducaticorse

    ducaticorse PlowSite.com Addict
    from we
    Messages: 1,426

    I do have an attorney. I haven't notified him as of this moment. We have done our due diligence regarding this account, and to all of our accounts. I'm hoping it dies here, but I know that it isn't going to. Those injuries are pretty severe. I'd rather break my leg than suffer a torn RC.
     
  5. siteworkplus

    siteworkplus Senior Member
    from mass
    Messages: 514

    hey Army,
    are you responsible for 24/7 ice control and management or just cleanup per event?

    I believe you are in NE am I right?

    we did have a mon melt & overnite re-freeze as some areas of mine were like skating rinks tue am

    I hope this dosen't turn ugly for you as it sounds like you provide excellent service
     
  6. ducaticorse

    ducaticorse PlowSite.com Addict
    from we
    Messages: 1,426

    Roger that, boston ma. We are contracted per storm. No ice management was written in, but we do treat at our discretion, and send out a memo the day before we intend to so we don't perform a non contracted service and not get paid.. it has wked out well, and only have been told to stNd down one time by one account.
     
  7. bluerage94

    bluerage94 Senior Member
    Messages: 398

    If you delay notifying the insurance company about a claim in a certain time period they may deny the claim...Thats what the insurance policies are for...unfortunately you could do an excellent job and still have something happen.
     
  8. WIPensFan

    WIPensFan PlowSite Veteran
    Messages: 3,486

    Good luck Ducati... hope it works out for you. That call must have sucked.
     
  9. ducaticorse

    ducaticorse PlowSite.com Addict
    from we
    Messages: 1,426

    Wasn't a call, was an email simply alerting the pm that there was an accident. My stomach sank nonetheless. I feel badly for the girl who was injured. Rotator cuff damage is terrblible. I don't think that we are responsible, but I know the court system, sue everyone and let the judge sort it out.
     
  10. NorthernSvc's

    NorthernSvc's Senior Member
    Messages: 766

    and unfortunately can still cost you thousands even if you win...
     
  11. NorthernSvc's

    NorthernSvc's Senior Member
    Messages: 766

    A buddy's company i know just went through a similar thing, lady wearing high heels walking through a parking lot week and a half after any storm had gone through, she slipped on a 1 foot patch of ice ( probably spilled coffee...), judge ruled in his favor but it still ended up costing him ~$5,000.00
     
  12. birddseedd

    birddseedd PlowSite Veteran
    Messages: 3,516

    sounds to me like said tenant is fishing for money. she would not be aware of the contract between you and the company. and for her to state that YOU are supposed to have ice melt available soudns to me to be an excuse.

    you never know how it will go in court. but i would think her documented claim that you were to put out ice melt would be a clear sign that she is making things up. that with the site signing off on your work would shift blame to them.

    course, around here the last thing the judges know about is the law. had a buddy in GR tell the truth and got jailed for it. then told a bunch of utter out right lies and the judge believed those to be the truth and let him go.

    i got into trouble for having a pile of wood, when the law clearly states im allowed to have it within 600 or so sq ft.

    either way. be prepared to penny up. im sorry. life sucks.

    if its any consolation. i would not sue you for slipping on ice. i live in michigan. i think its a joke for anyone to complain about falling on ice. at least once a year all of michigan gets covered with a blanket of ice. the trees sparkle like diamonds.

    dont like ice. dont live in michigan. and dont sue someone else because your dumb self does not knwo how to walk. is my point of view.
     
  13. ducaticorse

    ducaticorse PlowSite.com Addict
    from we
    Messages: 1,426

    I don't know why your buddy would be paying for any lawyers if he had proper liability. The Liability policy covers the expenses in regard to a suit. It is the insurances companies job to defend the policy, and reduce the amount of financial damage awarded as much as possible. That's what the insurance is for in the first place.

    Also, it is quite clear in my contract that I am for clean up only on paper. This site was cleared and the accident happened two days after during a potential thaw/freeze cycle. It is not my contractual obligation to provide any further service after the initial snow removal.

    BUT, like I said before. In these cases it's sometimes "sue everyone and let the judge sort it out"....
     
  14. ducaticorse

    ducaticorse PlowSite.com Addict
    from we
    Messages: 1,426


    A broken clavicle and a torn rotator cuff in a young woman is not a fishing expedition.

    And she does not know anything about me or my business. Apparently in their lease with the management co, the management co is supposed to provide ice melt buckets, not I. And that bucket was not on premises, and not written in anywhere with my contract with the management co.

    This hasn't turned into a claim yet, So we'll just have to wait and see.
     
  15. TJSNOW

    TJSNOW Senior Member
    Messages: 374

    First call should be your lawyer.....Second Call should be your insurance company.....Do NOT talk to anyone else BUT your lawyer/ insurance company......Let the lawyer handle things from here on out......You will get through this....Thumbs Up
     
    Last edited: Feb 14, 2013
  16. TJSNOW

    TJSNOW Senior Member
    Messages: 374



    Don't wait and see on anything...........Call your Lawyer and get him/her in the loop...Be proactive..........
     
  17. mulcahy mowing

    mulcahy mowing Senior Member
    Messages: 718

    I would agree. It won't cost you a dime if your lawyer is worth his salt(haha). Most personal injury lawyers will take a step back when immediately faced with sizable competition. That could make all the differance.
     
  18. birddseedd

    birddseedd PlowSite Veteran
    Messages: 3,516

    i fixed it:laughing:
     
  19. birddseedd

    birddseedd PlowSite Veteran
    Messages: 3,516

    if their lease says that they are supposed to have ice melt buckets available, then it is more than clear the liability rests on the appartments.

    that complex will soon be boned
     
  20. rcn971

    rcn971 Senior Member
    Messages: 213

    It's obvious you have not had the displeasure of being involved in a lawsuit. They will name everyone and anyone they can. If you throw enough crap at the wall some will eventually stick. The lawyers that represent the insurance companies usually suck, they are just bottom feeders logging hours to get as much as they can out of their client.