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It finally happened!

Discussion in 'Commercial Snow Removal' started by affprop, Mar 15, 2006.

  1. affprop

    affprop Junior Member
    Messages: 28

    I have been out of business for two seasons. On Dec 9 04, A woman fell in a parking lot I plowed and sanded. I got done Jan 1 05 The new guy took it over on that day. She fell on s snowbank and her leg went under the bumper of a car and she broke her leg and hip. I have been called by the banks ins co there lawyer I have been very cooperative and they admit that I sanded that morning. And I am still getting sued as a third party. I know stuff runs down hill but I think this is bs. I am meeting with my attny on tuesday we will see what he says. Wish me luck.
  2. dirt digger

    dirt digger Senior Member
    Messages: 619

    what do you mean you got done Jan. 1 2005?...you gave up the account to someone else on that day?...does that have any relevence to the fact she fell a month earlier?...little confussed, but yea hopefully it's in your contract even though your being sued 3rd party...you gotta hate people like that that only want to get money out of nothing, if she would have fell at her house she might have sued her husband for not shoveling properly..lol, but good luck anyway
  3. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,868

    I too am a little confused, but that sucks big time... Good luck though.
  4. rembrandt100

    rembrandt100 Member
    Messages: 43

    The way I read it he lost the contract Jan. /05. The lady fell on Dec. 9 / 04.
    There for he was on contract the day of the accident.

    Sorry for your probs but take solace in the fact that, everyone that I know that salts or sands commercial lots have been sued at least once and she will sue everyone involved and let the court decide who is at the most fault. That is the main reason that I do not salt any of my commercial places. I will plow them but I will not be responsible for salting. Maybe that is why 90% of my biz is residental.

  5. Mick

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

    In Maine, "got done" can mean anything - Quit, got fired, lost the contract, stopped work for the day etc. In this case, it simply means he hasn't plowed this lot since Jan 1, 2005.

    If the judge uses subject matter case law history, it's not likely that she'll win much - if she wins at all. The few snow related cases on file have used the concept that "This is Maine, it snows in Maine, snow is slick". Businesses are not responsible to keep snow and ice cleared until a "reasonable amount of time following cessation of snowfall". People are expected to use a reasonable amount of care and diligence walking on snow/ice covered surfaces. As a judge, my question would be "Why were you on a snowbank so that your leg could slide under a car bumper?" - which could be reasonably expected.
  6. AlwaysGreener

    AlwaysGreener Senior Member
    Messages: 192

    Thats how i'm reading it....
  7. basher

    basher PlowSite Fanatic
    from 19707
    Messages: 8,990

    Meet with your insurance company before you pay a lawyer. They should provide the mouth piece, and pay his bill. Just like they say on the cop shows, you need to "lawyer up" before (metaphorically) sticking your foot in your mouth.
    Definitely look at the "victims" contributory negligence. Why was she on the snowbank, did she have other choices for parking? Did she choose a dangerous parking place, to avoid walking a extra 50 feet?
    We just got released from a on going law suit, the Insurance Co. paid all the legal fees, good luck.
  8. wirenut

    wirenut Senior Member
    from nh
    Messages: 507

    i got sued about 16 yrs ago..plowing for the city,
    some welfare scumbag came home drunk and fell
    down.she sued all of us on the route and the property owner
    said we put snow on the side of the road...duhh
    well it cost me 500 to make go away...cheaper than fighting it..
    american justice for ya...anyone caan be sued for anything
    and if your the lucky one you have to pay to defend yourself.
    if people who sued if they loose were made to pay all your costs
    plus damages they would think twice...

    sorry for the long post...:angry:
  9. snatchal

    snatchal Member
    Messages: 31

    Turn it over to your insurance company, let them hire the lawyer.
    Lawsuits:angry: Man you got me going now!
    Used to own a bar. 9 lawsuits in 8 years. All stupid chit. Had one like this, welfare bum (I know she is because a few years before this she rented an apartment from me until she trapped some poor sap into marrying her)
    She and her new hubby left some other bar and started arguing on the way to mine. As they were pulling into my parking lot, she jumped out of his truck while it was still moving because she was mad at him. Fell on her keister and broke her tailbone. She sued me and her husband. Ended up getting $35,000
    Stupid judge.