by relaxriunner » Sun Nov 22, 2009 12:53 pm
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
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
Posted: Wed Nov 25, 2009 04:13 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
Posted: Wed Feb 09, 2011 05:36 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.
Posted: Thu Feb 10, 2011 01:43 am Post Subject:
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.Posted: Thu Feb 10, 2011 04:16 pm Post Subject:
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.
Posted: Thu Feb 10, 2011 05:17 pm Post Subject:
WOW! Then... WTH! That is the opposite of the way it should be! I stand 180 degrees corrected!
Add your comment