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?

My mom sued due to a fall because of black ice and won $100,000.

Trashy.

No, this was an accident.

I would have researched online and contacted an attorney from my cell phone while waiting in the ER.

Sometimes things happen that just suck OP. You should have had medical insurance- THAT is what it is for. This is not the home owner’s fault for not magically knowing the side walk had frozen over while they were away (after they ensured it was shoveled even).

Why is it not covered under STD? Did you use SL ?
Do you have medical insurance?

^^PS: Black ice forms from thawing and refreezing, usually. The kind of thing that happens when you are a diligent homeowner and a clear a sidewalk, but then other things happen that you (just like OP) can't tell by looking.

OP, homeowners aren't obligated to test and retest their grounds and sidewalks to make sure there is nothing that refroze. They have to do due diligence, not lick the damn things.

The photos you want to use with your witnesses to corroborate where you were also happen to show that the homeowner did due diligence.

I would not sue.

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?

My mom sued due to a fall because of black ice and won $100,000.

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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.

You took photos right before you fell on a random patch of ice outside someone’s house? Interesting. How do you know this homeowner?

I do not know the homeowner. The photos (of the people I was with in front of the property) were for an unrelated purpose.

Why were you hanging out on their property?

I wasn't. I walked down a public sidewalk that passed their house. Turns out, they are responsible for the sidewalk.

But you took a picture that includes the ice before you fell on it?

No, ice was not in the picture, someone asked me how I knew which property it was.

So it looks like a shoveled sidewalk without ice or snow, which is why you walked on it.

Yeah. Be sure to reference those pictures in your suit.

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

BC I only recently learned that I might be able to recover some of the losses. Someone asked me if I sued and it had not occurred to me.

You are beyond the statue of limitations and any claims are baseless because any of your injuries could have happened since then

This is just silly. OP has witnesses and hospital records tying the event to the date and location.

Anonymous wrote:

Anonymous wrote:

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

BC I only recently learned that I might be able to recover some of the losses. Someone asked me if I sued and it had not occurred to me.

You are beyond the statue of limitations and any claims are baseless because any of your injuries could have happened since then

That's not true. It can be up to 2 years in some places.

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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.

You took photos right before you fell on a random patch of ice outside someone’s house? Interesting. How do you know this homeowner?

I do not know the homeowner. The photos (of the people I was with in front of the property) were for an unrelated purpose.

Why were you hanging out on their property?

I wasn't. I walked down a public sidewalk that passed their house. Turns out, they are responsible for the sidewalk.

But you took a picture that includes the ice before you fell on it?

No, ice was not in the picture, someone asked me how I knew which property it was.

You would need to prove negligence. For example, the county or city sent them a warning to clear their sidewalks and they did not make a good faith effort to do so.

It’s completely normal for black ice to form. You should have insurance to cover medical expenses and your insurance would try to recoup damages if they thought there was a case.

Anonymous wrote:
Please do understand that "covered by insurance" means their insurance premium will likely go up to astronomical levels because they were sued by you.Or the insurance company will drop them and they might have difficulty finding another.

Not that you care. But remember this thread when someone sues you for something stupid.

Finally, someone said it! All the posters lining up one after the other to say "oh their insurance will pay for it" don't seem to be aware of this somehow.

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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.

You took photos right before you fell on a random patch of ice outside someone’s house? Interesting. How do you know this homeowner?

I do not know the homeowner. The photos (of the people I was with in front of the property) were for an unrelated purpose.

Why were you hanging out on their property?

I wasn't. I walked down a public sidewalk that passed their house. Turns out, they are responsible for the sidewalk.

But you took a picture that includes the ice before you fell on it?

This is very fishy. OP “just happened” to take pictures of the area with the black ice right before they fell and sustained injuries that compelled a lawsuit against the homeowner?

Agree with the “reasonable care” poster. If the walk was shoveled, the homeowners shouldn’t be liable because there was thawing and re-freezing. A homeowner isn’t required to stand out front of their house 24 hours a day with a jar of ice melt.