| Message |
Author |
|
 Posted: Sun Nov 22, 2009 12:53 pm Post subject: I am a mailman slipped in a driveway on black ice covered wi |
|
|
I am a mailman slipped in a driveway on black ice covered with a dusting of snow had 6 stiches ruptured bursa sac, and 3 surguries for torn tendons in elbow also right elbow covered from over compensation. trial set for early feb been 3 yrs.
homeowners arrested for threatening postmaster also fighting that not their fault. havent received an offer is unusual?? lost 22 weeks of work and on medical restrictions for rest of life. should I expect some offer medical is now 60 k and lost wages is 2900 per month
In the deposition the attorney for the insurance was surprised that there are witnesses and the homeowner was arrested for threatening a fed employee how soon could I expect an offer any ball park figure?? I live in Mass |
|
relaxriunner
New member
Joined: 22 Nov 2009
Posts: 1
1.61 Dollars($)
|
|
| Posted: Sun Nov 22, 2009 3:18 pm Post subject: |
|
|
First, if suit was filed for this amount then you are paying an attorney 33% of you settlement. Have you asked this attorney that your paying any of these questions?
I can't say why an offer has not been made for the past 3 years. You'd need to ask your attorney. There is also no way to know when an offer should be made. If your trial is set for 2/10, then I'd expect something to have within a few days of the trial at the latest.
You need to be communicating with the attorney that you are paying. |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5199
Location: Salt Lake City, UT
286.08 Dollars($)
|
|
| Posted: Sun Nov 22, 2009 9:05 pm Post subject: |
|
|
How does this sort of liability claim normally work out? what would a homeowner need to do in order not be be considered negligent or at fault?
ice and snow is something that you really have little control over, it's more of a natural hazzard isn't it? I would have thought a loss or earnings or workers compensation policy would have been more applicable than holding the homeowner responsible for ice on their driveway? Is this type of claim common in the USA?
_________________
Get free insurance quotes or Purchase auto Insurance online in minutes. |
|
heidrek
Senior member
Joined: 19 Oct 2009
Posts: 236
36.87 Dollars($)
|
|
| Posted: Sun Nov 22, 2009 9:56 pm Post subject: |
|
|
A homeowner owes reasonable care. If they know of ice on the driveway or should have known then they should remove it (salt, etc). No one is reasonable for making a location 100% safe 100% of the time. Also, people visiting the home should understand that ice is probably going to be present after snow storms or freezing weather.
A mail carrier is going to be eligible for workers compensation but can also collect from at at fault party. The WC carrier also has a right of recovery for what they spend. |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5199
Location: Salt Lake City, UT
286.08 Dollars($)
|
|
| Posted: Sun Nov 22, 2009 11:19 pm Post subject: |
|
|
so there would generally be a % of liabililty type split?
Injured party could reasonably have been expected to know there was a significant slip risk given presence of snow/ice and homewoner could have done more to ensure awareness (sign on letterbox perhaps - beware of ice!) or minimise risk of injury(spread salt)?
US insurers must dread winter.
_________________
Get free insurance quotes or Purchase auto Insurance online in minutes. |
|
heidrek
Senior member
Joined: 19 Oct 2009
Posts: 236
36.87 Dollars($)
|
|
| Posted: Sun Nov 22, 2009 11:36 pm Post subject: |
|
|
Well, yes. But even if the mail carrier was not at fault, there could be less then 100% against the home owner.
Yup, it's slip and fall season! 
What is no fun is when you insure companies that perform snow removal during the winter. |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5199
Location: Salt Lake City, UT
286.08 Dollars($)
|
|
|
|
heidrek
Senior member
Joined: 19 Oct 2009
Posts: 236
36.87 Dollars($)
|
|
| Posted: Mon Nov 23, 2009 12:57 am Post subject: |
|
|
Not change the subject, but my latest 'slip and fall' was a case where someone slipped on a pair of underwear in a department store. LOL
Anyway, I would like some more info on the situation and what is going on with the homeowner.
_________________
Register Now to have your Insurance queries solved. |
|
Guest
|
|
| Posted: Mon Nov 23, 2009 5:07 am Post subject: |
|
|
| Quote: | How does this sort of liability claim normally work out? what would a homeowner need to do in order not be be considered negligent or at fault?
|
In Ohio the courts have found that it snows around winter months and that when it snows, ice may also be present which could cause inherent risk and that anyone in Ohio would be aware of? Duh! Noramlly, if it is a natural accumulation of ice and snow then liability does not exist. Once you shovel the snow...that opens the flood gates since it is easy to argue that even normal freeze/thaw cycles could be considered unnatural.
_________________
Can I say I’m working if I stare blankly at my computer all day? |
|
Dasfuk
Senior member
Joined: 27 Feb 2008
Posts: 597
Location: Ohio
24.03 Dollars($)
|
|
| Posted: Mon Nov 23, 2009 8:03 pm Post subject: |
|
|
so, you;re better off to not shovel the snow, and leave the ice on the ground, than to shovel it away as liability may then attach? The system at work I guess.
_________________
Get free insurance quotes or Purchase auto Insurance online in minutes. |
|
heidrek
Senior member
Joined: 19 Oct 2009
Posts: 236
36.87 Dollars($)
|
|
| Posted: Mon Nov 23, 2009 8:15 pm Post subject: Mailman slip n fall |
|
|
| From the consumer side, I would certainly suggest a heart to heart conference with my attorney. If this has been going on for three years, there has to be some sort of case history to cite. No legal beagle wants to pursue something for three years without some light at the end of the tunnel. From the ins company side, courts seem to side with insurers about 75% of the time on slip and falls. I'm surprised though that some kind of nuisance settlement hasn't been offered. I hope the guy wins. Nobody can make it on work comp for the rest of their lives, and the insured should have sanded their walk or driveway. |
|
mumbert
New member
Joined: 19 Nov 2009
Posts: 2
Location: Indiana
1.39 Dollars($)
|
|
| Posted: Wed Nov 25, 2009 4:13 pm Post subject: |
|
|
Sorry to hear about your injury, sounds very painful
Unless negligence is proved beyond a shadow of a doubt, here in Pa, you'd be entitled to the med pay portion of the contract..normally $1,000..the rest would be a settlement from your work comp
Here in Pa when it's winter, it snows,we salt it..it melts... ice forms..people slip and fall
_________________
Cheap Pennsylvania car insurance |
|
DanWilliams
Preferred member
Joined: 24 Nov 2009
Posts: 120
15.89 Dollars($)
|
|
| Posted: Wed Feb 09, 2011 5:36 pm Post subject: |
|
|
In Ohio, the best thing to do legally is to never touch the snow because it is "natural accumulation". You can only be held negligent if you do something to cause a situation. For example you throw salt on the snow, the snow melts, and then it gets colder and the melt turns to ice. Salt is a dangerous tool.
_________________
Register Now to have your Insurance queries solved. |
|
alandlord
Guest
|
|
| Posted: Thu Feb 10, 2011 1:43 am Post subject: |
|
|
| Quote: | | n Ohio, the best thing to do legally is to never touch the snow because it is "natural accumulation". You can only be held negligent if you do something to cause a situation. |
Sorry, that is not even close. Not removing the snow in a timely manner is pretty much the same as guaranteed negligence. As a property owner you have a certain degree of responsibility to make sure your property is safe. It varies depending on the reason why someone is on your property. There is also a defense known as "open and obvious". That is, the person in the snow/ice should be able to see and realize that the hazard exists and as such, accepts some responsibility. |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5199
Location: Salt Lake City, UT
286.08 Dollars($)
|
|
| Posted: Thu Feb 10, 2011 4:16 pm Post subject: |
|
|
| Quote: | | Not removing the snow in a timely manner is pretty much the same as guaranteed negligence. |
Not in Ohio. Ohio has a "natural accumulation rule" which more or less bars the injured party from collecting. The law reflects the inherent dangers we all accept each winter by living in Ohio. More or less, you live in Ohio...you know it snows..alot. If you go out into the snow you may fall.
Now if the snow and ice are removed in an "unsafe" manner then the person could be sucessful in a suit.
If the natural accumulation covers say a pot hole in a parking lot, the person could also be sucessful in a suit.
The only other reason the person may be sucessful is if there is a contract to have the snow removed in say bylaws for a condo association.
I'm not saying you can't file a claim or sue, but it more difficult to win. A good attorney can make something from nothing.
_________________
Can I say I’m working if I stare blankly at my computer all day? |
|
Dasfuk
Senior member
Joined: 27 Feb 2008
Posts: 597
Location: Ohio
24.03 Dollars($)
|
|
