Slippery sidewalk

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PostPosted: Sun Nov 08, 2009 7:20 pm   Post subject: Slippery sidewalk  

public sidewalk outside of business was treated with sealcoat which makes it very slick when even small amounts of moisture are present. I fell, shatteredmy right elbow and broke my left foot. Is this a claim with the business that had the sealcoating done, the contractor or the city? Or all of the above. I had surgery and am told I will lose 25% of the use of my arm.

Catlady90732
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PostPosted: Mon Nov 09, 2009 5:35 am   Post subject:   

Talk to the store and find out who is responsible for maintaining the sidewalk. You stated public sidewalk, which makes me think it is going to be the city. If it is the city's sidewalk, the business is not going to respond to your claim and the city is not going to respond to your claim (sovereign immunity).



Start with the business and see what they say. Even if the store is responsible for the sidewalk, you have an up hill battle.



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PostPosted: Mon Nov 09, 2009 12:01 pm   Post subject:   

If you are attorney rep'd he'll bring everyone in the world in including the multiple manufactures of the ingredients of the product that was put on the walk.



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PostPosted: Sat Dec 05, 2009 4:30 pm   Post subject:   

Hello!



I am really sorry to read that the incident has resulted into loss of 25% use of your arm. Hope physiotherapy will be able to help you recover soon.



Few things will need to be considered, before deciding who can be help responsible for the injurries suffered by you.



1. Whether the sealcoting was done recently.

2. Who was responsible for maintaining it. In case it is being maintained by some contractor, you stand some good chances. Getting it from Business/ City will be difficult options.

3. Did it resulted into few more (even one more) incidents (preferably on the same day), you will have a more strong case.



Hope your current claim was settled by your health insurance company without any problem.



Regards

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PostPosted: Mon Dec 07, 2009 9:23 pm   Post subject:   

god what a circus. I'm guessing liability will fall on whoever decided to sealcoat the sidewalk primarily, and or the coaters as Lro mentions.



what is the purpose of this type of coating?



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PostPosted: Mon Jan 04, 2010 7:20 pm   Post subject:   

Did it happen on your way in to work ? You stated "business" is why I ask. If that is the case, at least in Pa it would be a work comp claim.



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PostPosted: Tue Jan 12, 2010 2:29 am   Post subject: slippery sidewalk  

Thanks for all your replies. I do have a law firm representing me who feels I have a very solid claim and is willing to pursue a court case if we don't receive the settlement they request. I am through with physical therapy and other than some strength training, I cannot straighten or bend my elbow and this is not expected to come back.


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PostPosted: Wed Jan 13, 2010 12:01 pm   Post subject:   

Let us know how that works out for you..good luck.



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