Suing for ice on sidewalk

[Anonymous]

Anonymous wrote:This is such a frivolous lawsuit. If I were the owner of the house, I'd find a way to countersue you for wasting my time.

Or at least ensure OP pays my own legal fees in addition to her own.

[Anonymous]

Just because you can, doesn't mean you should. But go ahead and try, and I hope the property owner counter-sues you for attorney's fees, time lost from work, and emotional trauma.

[Anonymous]

Anonymous wrote: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.

Obviously it depends on what kind of work you do. If you are a mason or plumber, you're not gonna be working in 2 weeks after orthopedic surgery on a shattered wrist. You wouldn't be able to bear any weight on the still-casted arm. And it sounds like OP also has a permanent nerve injury. What is he/she is a surgeon? There are plenty of scenarios where this could be a big deal.

[Anonymous]

I have been sued and have sued. That’s what insurance is for.

In fact my favorite Jewish Japanese restaurant is SoSuMe

[Anonymous]

Anonymous wrote:I have been sued and have sued. That’s what insurance is for.

In fact my favorite Jewish Japanese restaurant is SoSuMe

Okay Costanza, take a seat

[Anonymous]

Anonymous wrote:I slipped on an icy sidewalk outside someone's house (isolated black ice on an otherwise cleared ground), fell and broke my arm, was disabled for 8 weeks, could not work and was no covered by STD. Turns out that the property owner is responsible for the sidewalk where I was. I'm not the litigious type, but do I actually have a case? Would you sue for this?

If you want to, go right ahead with your selection of lawyer. Be prepared to be counter-sued by that someone homeowner and a stressful period of your life being controlled by something and people who have no interest of your mental health. And worst case you loose and pay a hefty bill.

Anyone can sue anybody for anything in this world. Just need to be prepared for all the consequences of your actions.

[Anonymous]

Anonymous wrote:Why did this topic come up in June?

+100. Why are you posting in the summer and just now considering a lawsuit, op? You should have sought immediate legal guidance when the incident occurred. I would be livid if I were the homeowner and someone contacted me this far out. Also, are you in the DC area? When was the weather significant enough to cause black ice this past winter? This past winter was very mild.

[Anonymous]

I would have expected that in a situation like this the OP's heath insurance would have made a subrogation inquiry as to where the injury occurred and who would be responsible for the medical bill.

I assume if OP was so hurt that she had to have surgery and was couldn't work for 8 weeks she went to the ER. This type of injury and treatment triggers health insurance to investigate whether a third party is liable. No mention of this by OP, so OP knows no one else is liable.

Also how can you have black ice on a sidewalk?

[Anonymous]

OP, you chose to go out and take a stroll after a snowstorm. It should have been obvious to you that snow and ice either were or could have been present. Homeowners have no duty to warn about open and obvious conditions, and foreseeable risks. That is on YOU.

[Anonymous]

Anonymous wrote:This is why people should buy supplemental accident insurance. I have it through my workplace. Sh*t happens and you can't just sue every time, nor is that necessarily going to be fruitful due to lawyer fees - especially a case like this where honestly, if I were on the jury, I wouldn't find the homeowner negligent.

This is what we used when my spouse broke a limb biking where the bike slipped on a wet part of a bike trail.

PS, I also fell on black ice in front of my neighbor's house. I was sore, but ok. If I had been hurt enough to go to a hospital, it wouldn't have even occurred to me to sue! You KNOW if you go outside in snowy/icy weather to expect black ice and look for it and tread carefully. The only person I blamed was myself.

Similar thing happened to me but my federal employee health insurance had their lawyer call me to say they were not going to pay out for this accident unless I sued the owner for reimbursement then cited the exact page in the insurance handbook that allows them to do this. I hadn't planned on suing but sure wasn't about to pay full out of pocket at Inova for falling down. Anyways, I ended up getting a 5-figure settlement and my lawyer negotiated a 33% discount on paying back my health insuror.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I slipped on an icy sidewalk outside someone's house (isolated black ice on an otherwise cleared ground), fell and broke my arm, was disabled for 8 weeks, could not work and was no covered by STD. Turns out that the property owner is responsible for the sidewalk where I was. I'm not the litigious type, but do I actually have a case? Would you sue for this?

If you want to, go right ahead with your selection of lawyer. Be prepared to be counter-sued by that someone homeowner and a stressful period of your life being controlled by something and people who have no interest of your mental health. And worst case you loose and pay a hefty bill.

Anyone can sue anybody for anything in this world. Just need to be prepared for all the consequences of your actions.

You people are such a joke. How in the world would the homeowner be able to countersue? They'd have zero grounds, and their lawyer would risk being sanctioned, disciplined, or both for failing to comply with Rule 11 or it's state equivalent. And why would the OP risk having to "pay a hefty bill?" Have you never heard of the American rule?

There's a lot of dumb asses trying to play lawyer in this thread.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This is such a frivolous lawsuit. If I were the owner of the house, I'd find a way to countersue you for wasting my time.

Or at least ensure OP pays my own legal fees in addition to her own.

Hey big shot, explain how you think you'd get OP to pay your legal fees? Look up the American Rule.

[Anonymous]

Poor OP.

https://www.wnins.com/blog/icysidewalk.html

[Anonymous]

Home owners are not required by law to clear the sidewalk in most jurisdictions. Bottom line the home owner is not liable if these were natural conditions and would likely be praised if they made a reasonable effort to clear the snow.

OP waited six months to bring this up; the statues of limitation‘s is probably been exceeded.

Black ice on sidewalk?

This past winter was not cold enough for black ice if this is the DC area.

If OP had surgery , then the insurance company should have inquired about a third-party being involved at the time

OP just happened to take a picture of the black ice and her self standing in front of the home minutes before she fell. And then minutes after she fell. This is suspicious.

OP should know that people don’t sue insurance companies. Your Insurance company with you the other insurance company for reimbursement on the cost of your surgery, short, term, disability, etc.

[Anonymous]

Anonymous wrote:Poor OP.

https://www.wnins.com/blog/icysidewalk.html

Most jurisdictions here give you a few hours to clear the snow/ice. Just put down salt and shovel, it's not that hard.