Suing for ice on sidewalk

[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?

You ABSOLUTELY do (as long as they have insurance).

When I was younger, we lived in a townhouse development and something similar happened to my neighbor but she broke her ankle.
She was paid over $15 million for pain and suffering, lost wages & future pain and suffering.

I know that my HOA was probably liable because we were playing outside on the ice (it had been hailing) for at least two hours, l maybe more before my neighbor fell, and the HOA is supposed to get someone outside to salt the sidewalks AS SOON as they learned that it was hailing ice -- but someone didn't start salting until at least 2 hours after the sidewalk became slippery.

Good luck, OP!

[Anonymous]

What are the chances that this thread is written by an anti-sidewalk enthusiast whose neighborhood is considering having it put in?

[Anonymous]

Anonymous wrote: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.

Every town I can think of has a city ordinance regarding sidewalk clearing.

[Anonymous]

Anonymous wrote:

Anonymous wrote: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.

Every town I can think of has a city ordinance regarding sidewalk clearing.

I am in Alexandria. We have 24 hours after the snow has stopped to clear the sidewalk.

[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?

You ABSOLUTELY do (as long as they have insurance).

When I was younger, we lived in a townhouse development and something similar happened to my neighbor but she broke her ankle.
She was paid over $15 million for pain and suffering, lost wages & future pain and suffering.

I know that my HOA was probably liable because we were playing outside on the ice (it had been hailing) for at least two hours, l maybe more before my neighbor fell, and the HOA is supposed to get someone outside to salt the sidewalks AS SOON as they learned that it was hailing ice -- but someone didn't start salting until at least 2 hours after the sidewalk became slippery.

Good luck, OP!

$15 million for a broken ankle? Slipping on hail 2 hours later which happens in the summer and melts almost immediately? Yup, this definitely happened.

[Anonymous]

Anonymous wrote:

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?

You ABSOLUTELY do (as long as they have insurance).

When I was younger, we lived in a townhouse development and something similar happened to my neighbor but she broke her ankle.
She was paid over $15 million for pain and suffering, lost wages & future pain and suffering.

I know that my HOA was probably liable because we were playing outside on the ice (it had been hailing) for at least two hours, l maybe more before my neighbor fell, and the HOA is supposed to get someone outside to salt the sidewalks AS SOON as they learned that it was hailing ice -- but someone didn't start salting until at least 2 hours after the sidewalk became slippery.

Good luck, OP!

$15 million for a broken ankle? Slipping on hail 2 hours later which happens in the summer and melts almost immediately? Yup, this definitely happened.

I know a family who got 50K for thier 10 yo daughters black eye (embarrassment of attending school with a black eye) and missing her swim meet (which affected her standings).

[Anonymous]

$15M my @ss. People make up so much on DCUM.

[Anonymous]

Why did you wait until Summer to do this?

[Anonymous]

Yes, you can sue. You will likely get a settlement from their home owner's insurance. You'll need medical records, payment records, witness statements, photos, etc. If you continue to have ongoing pain and issues from the injury, you'll want a doctor's attestation.

In DC, the home owners are required by law to maintain and clear the sidewalks of ice and snow. I'm pretty militant about pre-emptively salting our sidewalk as we have a lot of elderly neighbors who go out to walk for exercise. Most DC home owners DNGAF.

[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?

You ABSOLUTELY do (as long as they have insurance).

When I was younger, we lived in a townhouse development and something similar happened to my neighbor but she broke her ankle.
She was paid over $15 million for pain and suffering, lost wages & future pain and suffering.

I know that my HOA was probably liable because we were playing outside on the ice (it had been hailing) for at least two hours, l maybe more before my neighbor fell, and the HOA is supposed to get someone outside to salt the sidewalks AS SOON as they learned that it was hailing ice -- but someone didn't start salting until at least 2 hours after the sidewalk became slippery.

Good luck, OP!

This is absolutely insane! Also, it doesn’t matter about the HoA what are the town and state rules. Where I live you have 24 hours to clear a sidewalk after a snow or ice storm.

A family member of mine was hit by a car who ran a stop sign while she was in a cross walk (in a walk sign) and she had more damage than a broken ankle and she didn’t even get close to that kind of money! She had to use her own car insurance since the driver who hit her was underinsured.

This is the kind of thing why insurnace premiums are so high, take some ownership people! Be careful in crazy weather!

[Anonymous]

Anonymous wrote: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.

This is totally false. Homeowners in many jurisdictions are absolutely liable for the condition of the sidewalk and keeping it hazard-free (or clearly marking hazards), in all conditions.

[Anonymous]

Anonymous wrote:

Anonymous wrote:People don’t really have a lot of control over black ice developing. You say yourself it was otherwise cleared. It’s not like they were trying to be negligent. I am sorry you were injured so severely, and I think this is just a matter of accidents happen, not really a matter of a reason to go looking for someone to blame.

I really do not care about the blame. I would appreciate the financial compensation for my actual losses.

Then sue the sidewalk .

[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?

You ABSOLUTELY do (as long as they have insurance).

When I was younger, we lived in a townhouse development and something similar happened to my neighbor but she broke her ankle.
She was paid over $15 million for pain and suffering, lost wages & future pain and suffering.

I know that my HOA was probably liable because we were playing outside on the ice (it had been hailing) for at least two hours, l maybe more before my neighbor fell, and the HOA is supposed to get someone outside to salt the sidewalks AS SOON as they learned that it was hailing ice -- but someone didn't start salting until at least 2 hours after the sidewalk became slippery.

Good luck, OP!

You know this person knows they are talking about because they used all caps.

[Anonymous]

The OP still has not explained why they could not get STD. Are there some things that qualify or do not as reasons? I assumed it needed a doctor note that you can't work and then you have STD paid out at whatever the rate is.

[Anonymous]

Anonymous wrote:The OP still has not explained why they could not get STD. Are there some things that qualify or do not as reasons? I assumed it needed a doctor note that you can't work and then you have STD paid out at whatever the rate is.

STD only works if you are covered by such a policy. Less than half the workforce is.