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My first slip and fall

Discussion in 'Commercial Snow Removal' started by JTVLandscaping, Aug 16, 2011.

  1. JTVLandscaping

    JTVLandscaping Senior Member
    Messages: 860

    Had a message this afternoon from a client's insurance company claiming a slip and fall from February 2nd. Naturally, I'm in panic mode around here. I've got a call into my agent, waiting for her to call me back. I'm not even going to talk to this guy until my agent tells me to...never been down this road before, just panicking.
  2. TCLA

    TCLA 2000 Club Member
    Messages: 2,697

    I happen to be dealing with one on the same date! :laughing:

    No worries....it won't change a thing anyways. You did the right thing by not giving them any information and referring them to your carrier. They will handle it.

    Get all your documentation together for the week before and after the 2nd. You do keep detailed documentation, right?

    If not I retract my statement.....you better start worrying. :nod:

    You could be deposed also. Unless you have diarrhea of the mouth you'll be fine. The investigators representing your carrier will brief you on what to say and what not to say if you are deposed.

    They may just settle and inform you about it later. You have no choice in the matter.
  3. iceman1

    iceman1 Senior Member
    Messages: 183

    people need to learn how to walk!!
  4. csi.northcoast

    csi.northcoast Senior Member
    Messages: 320

    godd advice from previous posts....

    listen to the attorney the insurance company and don't talk to anyone... do let it comsume you but it will probally take 2 years
  5. procut1

    procut1 Senior Member
    Messages: 380

    Been through plenty of them. Its not a big deal at all. Thats why you have insurance. They will take care of 99% of everything, you wont even hear about it.

    You MAY have to go to a deposition, they will ask you questions. Your lawyer will prep you.

    Its not as big a deal as it sounds.
  6. Plow More

    Plow More Senior Member
    Messages: 172

    What I still dont get is how is it the plow dudes fault? **** gets slick in the winter and some times you fall on your ass, thats just life. Also what took this jackwagon 2/3 of a year to report it?
  7. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    I agree, what did this guy do, wake up sometime in July with a ache, and think to himself, "this feels like it was caused from me slipping in Feburary"
  8. Stan

    Stan Senior Member
    Messages: 579

    Probable just saw the 1-800 lawyer commercial. "have you ever been injured or hurt on the job"

    I'm so tempted to call the above number....I've been hurt on the job, a co-worker said some nasty things to me and hurt my feelings...I want to sue!!!
    Last edited: Aug 17, 2011
  9. Neige

    Neige Sponsor
    Messages: 2,195

    Wait it gets even better in my Province, you can wait up to 5 years less a day. We keep all our records for at least that long. 9/10s of the fight is proper documentation, if you have all your paperwork, with well documented times dates, and what you did. The cases seem to disappear rather quickly. Now if all you have are a few scrapes of paper, or freshly filled in paperwork, the game is up even before it started. We have been through this 5 times, we bring all our documentation for the year, so that they can see we did not just make up a few weeks worth. 4 cases dropped, and one settled by our insurance for 5 grand. They said it was cheaper then having to go to court and win the case. Good luck
  10. JD Dave

    JD Dave PlowSite Fanatic
    Messages: 11,034

    I'm pretty sure it's 7 years less a day here. We actually had a slip in fall in Feb which I'm not very happy about but as you said proper paper work usually makes things go away.

    SNOWLORD Senior Member
    from MN
    Messages: 610

    I agree with Neige we had one a few years ago and we handed them our invoices for that property for the entire season. Our invoices have dates times and are pretty descriptive and I never heard anything after that, and I certainly didnt call and ask about it. I have been told that as long as you are making an decent attempt at keeping everything clean and safe you will be ok. Example a crackpot f_ckstik falls on Feb 2nd and your invoice shows no salting or ice melt on that day but the weather report says we had freezing drizzle not good obviously. But for the same day your invoice shows 2 ton of salt spread and 300# of ice melt. You made an effort and did what a reasonable company in this line of work should do. You should be ok. Now this is just what I have been told by a good source.
  12. BIG JIM

    BIG JIM Junior Member
    from CT
    Messages: 18

    The best is when they say you allowed dangerous conditions to exist and they claim they did the S+S during a 20" storm!WTF were you doing out in weather like that unless you were plowing.:laughing:
  13. getsum

    getsum Senior Member
    from USA
    Messages: 220

    so i guess writing say for example "bobs landscape llc" is not responsible for any slips, falls or accidents due to slick conditions or inclement weather, on your quotes or contracts doesn't hold water??
  14. SnowMatt13

    SnowMatt13 PlowSite.com Addict
    Messages: 1,527

    You can write all kinds of fun things in a contract, including waivers. Heck, when I did private, I had a waiver that was a page long. As said before, proper documentation will save your butt along with the correct insurance for what you are doing. The sad thing is that there is always a lawyer out there who will try and unfortunately it costs money to defend yourself.
    I had one, way, way back. I gave my insurance company all my documentation. They contacted the individual and their attorney and told them the fight they were going to go against and they droped it. Although sometimes your insurance will just settle too....which is wrong IMO, especially if you have yourself covered.
  15. PabstBlueRibbon

    PabstBlueRibbon Senior Member
    Messages: 733

    I got a summons for a car wreck that happened when I 16, Lady wanted to sue 6 years after the accident. Insurance told me about it then settled out of court. Only thing I ever heard was she wants to sue and then about a month later they called to tell me they settled.
  16. getsum

    getsum Senior Member
    from USA
    Messages: 220

    i just think its SOO wrong how these well to do woman come out in a blizzard on there phones doing makeup get out and wonder why they fall and bust there ass, along with the guys in loafers with no tread in a snow storm... that and the people with sports cars and summer tires wonder why they slide down the parking lot.. PISSES me off. but who am i... just a plow jockey... so frustrating... im going to try and take steps to protect as best i can and get a game plan together seeing as i just picked up 4 large commercial accounts. best of luck OP!!

    ps if it werent for us they would be stuck home, no work to make money to pay there bills, get to the store to eat or hospital when they need it.... one strike in a blizzard country wide of all plow guys to show what we do would cripple things
    Last edited: Aug 25, 2011
  17. CGM Inc.

    CGM Inc. PlowSite Veteran
    from Ontario
    Messages: 3,589

    We had one in January, heard about it in June or so. Had an interview with claims rep. and most likely won't hear much until the 2 year mark of the incident.