# think about this when shoveling you sidewalk



## fishboy (Feb 26, 2005)

heres a funny case that my teacher got called for jury duty for, a man parked his car outside a rowhome community. He was walking to his friend's house when he tripped on a patch of ice on the sidewalk of his friends neighbor's house and broken his leg. Now(two years latter) he has filed a lawsuite agianst the owner of the house for $200,000 because, as he claims, the sidewalk wasn't shoveled properly. The reasons include medical funds(he didn't have insurence), the fact that he claims he was unable to work for 2 years and also he wants money because he suffered "mental anguish". I want to know what you think should he get the money?


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## AshleytheGreat (Jul 24, 2005)

No, not now. Maybe after it happened but not 2 years later. Thats BS. The owner should have kept up the sidewalk tho...but then again isn't it the City's job to keep up the sidewalk/roads?


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## Fishboy93 (Jun 11, 2005)

When there is a law suite they have one year to file it if i remember correctly because my friends brother tapped rear ended this old ladys car and she claims to have "severe neck pains" ugh


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## mlefev (Apr 19, 2005)

Every type of lawsuit has different statutes of limitations (how long you can file after the event). Every state also has their own adaptions to those statutes. 

If the sidewalk was on the neighbor's property, he might actually get a claim, although I doubt it would be $200,000. The court would probably reduce it. If the sidewalk was the public sidewalk, then the court will throw it out because it would be the county's fault. 

Usually injuries resulting from natural causes (ice, earthquakes, etc) aren't the property owner's responsibility. If it was a the crack of dawn and the guy just happend to slip and fall, the owner couldn't possibly forsee an injury occuring. People don't shovel snow to prevent injury, they do it to get out of their house without being sopping wet. I would be pretty surprised if anything has to be paid. But, if the court does find the person responsible, then I would guess only medical charges would be covered.


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## amelia (Aug 11, 2005)

If the sidewalk was laid down BY the property owner and was OWNED by the property owner, I can maybe see a bit of a lawsuit going on there. But, as mlefev said, if it was early in the morning you can't expect someone to think "Oh, I better get up this morning and shovel the sidewalk before someone breaks a leg." first thing. If the sidewalk was laid by the city, it is obviously there for public, not private, access and should be cleaned properly by city workmen. We have a sidewalk that was laid by the city in front of our yard that pedestrians use constantly, but it never gets shovelled.. It's not our choice for it to be there.


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## Lydia (Feb 6, 2005)

I don't think he should get the money. I think that is a stupid suit.


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## IloveCichlids (Jul 11, 2005)

Frivolous IMO, guess that is society today. If it is cold and there is snow on the ground, one should assume that there is ice on the ground. seems like common sense to me.


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## fishfreaks (Jan 19, 2005)

IloveCichlids said:


> Frivolous IMO, guess that is society today. If it is cold and there is snow on the ground, one should assume that there is ice on the ground. seems like common sense to me.


yup, i agree. People will do anything for money these days


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## solar-ton (Aug 15, 2005)

the sidewalk was the citys property anyway he waited to long to sue so i doubt hell win and exactly how can you break your leg by falling on a sidewalk ive fallen on floors,sidewalks,and a whole lot of other stuff and have never broken anything once i jumped of a tree and my feet hurt a little.it just doesnt make any sense...


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## amelia (Aug 11, 2005)

My father broke three ribs falling down on an icey sidewalk at the apartments where he lived. He should have sued the owner, because the apartments were MEANT for people who were either elderly and didn't want a big place to live or for people who were disabled. Dad fell again and couldn't get up.. He was out in the cold for about five hours with nothing but pajama pants on and some man found him and helped him up and inside. If you fall right, you can hurt yourself pretty dang bad. 

If you jump out of a tree and land wrong, you can break your legs as well. Remember that you're just thirteen. Your bones are considerabley stronger at your age than a man in his thirties or fourties bones would be.


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## fishboy (Feb 26, 2005)

i think this guys just milking the system. I mean he had to have been able to do some kind of work even if his leg was broken


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## guppyart (Jan 22, 2005)

well where I live it is your job to keep the sidewalks in front of your house clean as it is on your propert contrary to what some people think so ya he could win but its a little late to start now


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## flynngriff (Jan 19, 2005)

Well, if the sidewalk was actually on private property, then I would think the owner would be liable, and that is the ONLY case where he'd be liable. 

However, if the accident did occur on private property, then the injured person was trespassing and the owner of the property still wouldn't be liable.

I hope they throw it out of court, and fine the plaintiff... Or better yet, give him a few months of community service shoveling sidewalks.

-Flynn


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## fish_doc (Jan 31, 2005)

My mother in law tried this on us. She tripped in our driveway after a night where there was 1/4 inch of snow. She wanted medical and loss of wages because she broke her collar bone and could not work. When she threatened to sue the insurance company stepped in because of our insurance and told her all they would pay is 2000 in medical and no money for loss of work. What a nice in-law. Now you know why people call them outlaws.


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## fishfreaks (Jan 19, 2005)

fish_doc said:


> My mother in law tried this on us. She tripped in our driveway after a night where there was 1/4 inch of snow. She wanted medical and loss of wages because she broke her collar bone and could not work. When she threatened to sue the insurance company stepped in because of our insurance and told her all they would pay is 2000 in medical and no money for loss of work. What a nice in-law. Now you know why people call them outlaws.


wow, your mother in law?? thats harsh


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## fish_doc (Jan 31, 2005)

Yea, She has broken a leg in a bank lobby, and her arm at the house of a client when she worked for a maid service. 

She has brittle bones and is accident prone. But we had to convince her that even though she was going after our insurance company it was the same as going after us. At first she didnt think that our insurance company had anything to do with us and didnt see anything wrong with it. She stayed at our house for 2 months until she could get out on her own again. She drove a stick and it was her right collar bone. So she couldnt drive. It was to the point where even my wife wanted her out of the house.


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## Fishboy93 (Jun 11, 2005)

One time my uncle broke 2 ribs at the parking lot in a church than fell and broke another tripping on something in his apartment THEN the ribs pushed into something and it collected all sorts of weird liquids inside him and in the end he had a big fat hole in his side. poor guy


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