Suing for ice on sidewalk

[Anonymous]

If you didn't see it, how were they supposed to?

[Anonymous]

Anonymous wrote:OP, you really asked the wrong audience. This board is full of rich people who have well-paying jobs that add very little to society and who believe that the rest of the world exists to serve them. The idea that one of the "peons" would sue them for doing something wrong is a difficult concept for them. They can't even understand that there are jobs in this world that don't have STD -- that's how removed from reality they are.

Actually, my perception is that it's the rich types who will sue - who else would have the time and $$ to pay a lawyer?

[Anonymous]

This is going to sound like a money grab from someone trying to perpetrate insurance fraud and I would imagine the insurance company will find this strenuously and will win.

OP, honestly, you sound like a pretty crappy person to try and concoct some way of blaming someone else for an accident when you yourself admit the owners had cleared the snow. I hope you spent a pretty penny on an attorney and lose. And you say you had witnesses...wonder what they'll think of you doing this and then roping them in, wasting their time, getting pulled into your drama. Just don't.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you have proof of where you fell?

This. Also, I thought people are responsible for removing snow, so it’s “walkable”, which it seems they did. Not sure residents are also responsible for black ice.

It so happens I do, bc we took a photos right before and I was with other people, so there were multiple witnesses.

Do whatever you want, but please don't give this response and pretend you are not litigious.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Do you have proof of where you fell?

This. Also, I thought people are responsible for removing snow, so it’s “walkable”, which it seems they did. Not sure residents are also responsible for black ice.

It so happens I do, bc we took a photos right before and I was with other people, so there were multiple witnesses.

So you were playing around with friends, taking pictures, slipped and fell. I'd argue that if you were paying more attention you wouldn't have fallen. What shoes were you wearing? Snow boots? Sneakers? Uggs?

[Anonymous]

I want to take OP’s side because homeowners are responsible for their sidewalks and people who don’t shovel are the worst. (I guess different jurisdictions are different though? Disappointing). But black ice is tricky for the most responsible homeowner, and this is well after the fact. This is a stretch.

[Anonymous]

I doubt it's so easy as you slipped and fell and therefore it's their fault. You may have to prove that they knew it was dangerous, that the ice was there because of something the homeowner did, and that it actually was a dangerous situation. Maybe OP was just a drunk idiot stumbling home from the bars taking selfies with friends paying no attention to where she was walking and tripped. Why a group of people was walking together, taking pics, right when it happened is odd.

[Anonymous]

Anonymous wrote:If you didn't see it, how were they supposed to?

Good point.
It would never occur to me to sue! I can't stand this litigious mentality. OP, after you shovel your own walk do you check it constantly? Do you stay home from work or go out at night to monitor for any refreezing? If you were crossing the road and fell on black ice, would you sue the county?

I am a responsible homeowner, not rich, and getting hit with a lawsuit, even one as seemingly frivolous as this, would be very stressful. And if the insurance company settled just to get rid of the nuisance suit, I'd likely be hit with higher premiums. All for someone who was hanging out with their friends taking photos in front of my house a long time ago.

OP you need to learn that sometimes bad things happen in life and it's not always someone else's fault.

[Anonymous]

Try this, OP: look for a plaintiff’s lawyer who will advance all expenses with no recourse, and will base their fee solely on the amount recovered in excess of expenses.

If you can find somebody like that, it may tell you something. If you can’t, it may tell you something else.

Plaintiff’s lawyers don’t work free, don’t invest in losing cases, and are in business to make money.

Alternatively, if you think you have a case, invest your own money in expenses up front and pay the lawyer by the hour, perhaps with a success bonus.

[Anonymous]

Anonymous wrote:I want to take OP’s side because homeowners are responsible for their sidewalks and people who don’t shovel are the worst. (I guess different jurisdictions are different though? Disappointing). But black ice is tricky for the most responsible homeowner, and this is well after the fact. This is a stretch.

+1
A shameful stretch

[Anonymous]

It's a free country. You can sue for whatever you want and you'd probably recover a small
"go away" sum. You'd still be an ass, though.

[Anonymous]

It doesn't sound like you will be able to prove anything, not that you slipped on the ice, not that you slipped in front of a certain location or even that the ice was the cause of your fall. And even if you prove all of those things, you need to also prove negligence. You can sue but I can't imagine you will get anywhere.

[Anonymous]

OP was disabled for 8 weeks and couldn't work because of a broken arm? Even with surgery, you couldn't work for 2 months? Do you work with your arms/hands? Otherwise I am not buying this troll.

I have shattered my wrist, had surgery with traction, and was back at work in 2 weeks. Traction lasted for 2 months, casting and air cast for 3. But I could work, even drive as soon as I was off of painkillers.

This is a troll.

[Anonymous]

loser op

[Anonymous]

Anonymous wrote:Probably half of the people discouraging from suing are biglaw litigators who spend their days trying to ensure that huge corporations escape liability for terrible conduct, or who file lawsuits on behalf of those huge corporations in borderline meritless cases. Oh the irony.

oh hardly. People are being reasonable. Just exactly what are her real damages (not covered by insurance and other means). Very very little. So what contingency lawyer (NOT a big corporate law type - so you have that all wrong) is going to take the case?