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Is this legal

Discussion in 'Commercial Snow Removal' started by zackman, Dec 14, 2009.

  1. zackman

    zackman Member
    Messages: 43

    My husbands best friend does snow plow also he was called today about being sued for a slip and fall from last Jan :angry: Is that legal??? If he knew about this he would of went back and took pictures of the area. Can they wait this long ? How can you defend yourself now that it is almost a year later???

    I remember him saying to us that at this place the people would come out and yell at him for plowing so late at night or early in the morning:realmad:

    I hope his insurance company will fight like crazy for this one..

    Anyone had any experiences about something like this?
     
  2. TCLA

    TCLA 2000 Club Member
    Messages: 2,699

    May vary from state to state....here they have up to two years to file.

    Hope you keep good records. Good luck to you.
     
  3. cseutah

    cseutah Member
    from Utah
    Messages: 54

    some states you have three years to file and up to 6 years to make claim. always keep your day sheets and document storms, amounts, conditions, etc. and also note on customer account any conversations ie: time to plow, how much to plow, when to plow, and complaints. it could save you alot in a claim.
     
  4. mullis56

    mullis56 Senior Member
    from Indiana
    Messages: 824

    Yep that is why it is important to document what you did when, and why and KEEP IT!
     
  5. JDiepstra

    JDiepstra PlowSite.com Addict
    Messages: 1,780

    Yes anyone can sue anyone for anything. As stated the statute of limitations varys depending on location. Hopefully your friend had insurance and the insurance company will now "go to bat" for him.
     
  6. AC2717

    AC2717 Senior Member
    Messages: 669

    in MA there is a 7 year window to file any type of liability claim
     
  7. leepotter

    leepotter Senior Member
    Messages: 122

    Why can't people just watch their step? If I slip on something I blame myself for not being observant. They are just looking to make a quick buck probably.payup
     
  8. zackman

    zackman Member
    Messages: 43

    Luckily I write EVERYTHING down. I forget a lot of stuff so I always write what was done, when it was done, who did it, stuff like that. My hubby calls it in and I write it down. I think I am going to follow up with pictures, if I can get out after the storms...

    My daughter slipped the other day at college but she said she would not complain because she knows how hard it is..she now understands what her father does...
     
  9. AGMI

    AGMI Member
    from NE Mass
    Messages: 36

    Are u sure it isn't 3 year statute?
     
  10. WIPensFan

    WIPensFan PlowSite Veteran
    Messages: 3,508

    I doubt they make that stick. They didn't help themselves by waiting to file. Not a lawyer but I did stay at a Holiday Inn Express once!
     
  11. Burkartsplow

    Burkartsplow PlowSite Veteran
    Messages: 3,245

    2 years is the statue of limitations in any lawsuit here in Ohio. So the plantiff has 2 years in order to file the lawsuit in said county. This standard practice across many states. Plus if he knew there was a slip and fall when it happened he should have gone and taken a picture then JUST IN CASE of something like this happening. I was sued a year after I had an accident with my old companies truck. We won in court. This guy had filed 3 lawsuits in less then a year. All accidents and he was the cause of 2 of them.
     
  12. zackman

    zackman Member
    Messages: 43

    This is the first he is hearing anything about it. He had no idea... He just was called today from the property management..

    I think people are just sue happy.... I wonder why someone would wait so long to file! probably forgot about it and then oh winter is here let me sue for Xmas gifts...

    What the hell were they waiting for!!

    He did say he kept everything written down so maybe he will be ok...
     
  13. Scott's

    Scott's Senior Member
    Messages: 416

    My insurance agent told me that any "Act Of God" they will not pay. They would have to prove without a dought neglect by the contractor and that is to hard to prove/fight in court. If you salt a lot no matter how much salt you use you can still slip and fall thus you can never be 100% sure no one would fall.

    I had a Familey Dollar mang complain everytime I salted there lot saying that was taking from there bonus, so I was contacted my contractor saying only salt when she asks, well guess what the very next dam storm I plowed and never salted and an employee slipped and fell, I got a call from her yelling that I didnt salt and she was going to sue I told her what I thought of her and Family Dollar, turned in my paper work stating they wanted me to salt per request and then when they tried to file a claim my ins wouldnt even file a claim told them it was a act of god and they didnt ok salt to be put down that day.

    Hope it helps.
     
  14. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    My advice - Get a lawyer NOW and let him/her handle it. Don't get (emotionally) involved. Don't just "let the insurance co's lawyer handle it". They're working for the insurance company - not you.
     
  15. zackman

    zackman Member
    Messages: 43

    last question then I will let his wife worry about it. If the insurance won't cover something as and "act of god" does that mean they can come after the contractors (well us as the contactors)? or is that it, it ends??

    If it were me I think I would have a lawyer look into it, but thats just me I am a worry wart...
     
  16. AC2717

    AC2717 Senior Member
    Messages: 669

    7 year statue of limitations
     
  17. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    not a lawyer, but i have had some experience keeping in mind i am from Canada
    -they waited a awful long time to claim, and they well have to explain WHY to a judge
    -they well have to have some proof, pictures, etc, and be able to prove they were taken at the time of incident
    -Scott's is right, they well have to prove that the circumstances were in your control and that you were negligent, i am optomistic that you have a strong case
     
  18. ahoron

    ahoron Senior Member
    from here
    Messages: 422

    " I didn't think it was that bad and I didn't know who I had to contact. Will be the answer for why they waited to file. I deal with workmans comp. all to often. Happens all the time guy is not clean and know he's getting a drug test. Wait a few weeks to sober-up then say OOOHHH MY BACK!!!!! I work in IL so the courts almost always side with the idiot.
     
  19. Rc2505

    Rc2505 PlowSite.com Addict
    Messages: 1,245

    My insurance guy tells me the same thing as Scotts reported. He also said that they have successfully defended 3 slip and falls in the past two years and even collected legal fees fro the plaintiffs in all 3 cases. So I tend to believe what he tells me.
     
  20. AC2717

    AC2717 Senior Member
    Messages: 669

    see next post
     
    Last edited: Dec 15, 2009