# Lawsuit :(



## Hamster360 (Jul 10, 2015)

Well, not how I planned on my day going. Got a letter in the mail from an insurance company stating there was a lawsuit pending against them, that because of our contract was being passed along to me. The date of loss is February 8th 2017. I called the insurance company to say "hey, this is way past the 2 year statue of limitations, I'm not going to bother my insurance company with this." He responded with "oh we were notified of this is July." so of course I say that that is still past 2 years. So he tells me to hold on a second to go through the file a little more. Turns out the claimant filed on February 7th 2019 (1 day short of 2 years) and that the building owner got it shortly after. So it took the buildings insurance almost 11 months to notify me? because they were doing their due diligence? Does that sound normal or reasonable?

As I am hanging up the phone, I say "yea ok I'll let me broker know and we'll go from there." Buddy says "yea this one will be interesting." I ask why he says that. Turns out, the same guy has 4 total slip and fall lawsuits going for on the same day, at 4 different locations. Does that sound normal to anyone?? I hope he slipped at my place last. If he was so injured from 3 other falls surely its a pre existing condition when he gets to my lot! lol

I have my log sheets from that day still. Little bit of rain the night before, above freezing, started to freeze up during daylight hours. We were out salting around 9am, done between 12-1pm

I am not super worried about this. It has scam written all over it. Part of me wants to get in touch with him and offer him 500$ to go away. I already have 1 scam lawsuit we've been fighting for 2 years now, I really can't afford another one when it comes to renewal time.

End Rant 

Edit: I'm located in Ontario Canada


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## Defcon 5 (Mar 20, 2014)

Let the insurance company’s handle it...Do not contact this guy...


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## rippinryno (Nov 14, 2019)

If you salted, how was there a slip and fall. These scammers need to go to jail for false claims. Any camera's around the place? Do you happen ot have pictures from when the work was done on that day, i know that's a long shot, but may help you.


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## Philbilly2 (Aug 25, 2007)

Hamster360 said:


> Turns out, the same guy has 4 total slip and fall lawsuits going for on the same day, at 4 different locations.


even a bad lawyer can get use that to get the case tossed with that bit of information


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## Mr.Markus (Jan 7, 2010)

You are taking issue with your customers insurance company, the 2 of you are on the same side in this regard albeit they should've contacted you earlier.
Pass it on to your insurance. 
Just start answering your phone with “Hola!”


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## EWSplow (Dec 4, 2012)

You'd be surprised how much an insurance company will fork out to avoid the expense of litigation. Sad, but true.


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## Mr.Markus (Jan 7, 2010)

The past few years I have had my first experience with lawyers other than setting up my will and property sales and all I can tell you is that there is a reasoning to that. Lawyers don’t care weather you settle or not they will push hard to get you to settle, (it’s less work for them) but win or lose, they get paid.


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## Mark Oomkes (Dec 10, 2000)

Your insurance company's lawyer will find out about the 4 claims and it will go away.


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## Hamster360 (Jul 10, 2015)

I'm not super worried about this. I hope it does go away quickly before my next renewal. I'm just frustrated the buildings insurer held onto this for 11 months before notifying me. I'm glad I don't work for them anymore. I'm also frustrated that 4 lawsuits in 1 day is clearly a scam. 

I called the building manager to see what they knew about the guy and if they had any cameras. They didn't have cameras then, and they don't know who the guy is, and haven't heard anything about anyone falling or hurting themselves or about this lawsuit. 

I guess we'll just wait for the adjuster and go from there.


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## cwren2472 (Aug 15, 2014)

Philbilly2 said:


> even a bad lawyer can get use that to get the case tossed with that bit of information





Mark Oomkes said:


> Your insurance company's lawyer will find out about the 4 claims and it will go away.


Dunno about that. I related an insurance story somewhere on here about a guy that had something like 6 different new trucks "spontaneously combust" in his driveway. If prior history was a factor with insurance, you'd think insurance company #5 would have played that card.


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## rippinryno (Nov 14, 2019)

it's like people are able to go walk around in the ice and snow and fall. i mean, everybody that's out has a risk of falling when it's snowing or freezing rain, they should be liable for themselves unless neglect can be proven. 

do people sue the state and counties if they crash when roads aren't clear within a specific time period during a snow event? I have seen slick conditions at any and all businesses it doesn't matter how good their snow removal is, it exists during and even sometimes for a while after events. As long as the effort is made to clear at an industry standard I cannot imagine anybody winning a suit.


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## Hamster360 (Jul 10, 2015)

I wish there was an industry standard. It would be much easier if you had a set amount of hours like 8, to have lots and walkways cleared after an event. But that would be too easy.


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## Defcon 5 (Mar 20, 2014)

Let the insurance company’s do the Magnum PI work...You don’t need to be calling every Tom,Dick and Harry looking for clues...You never know what the persons motive is on the other end of the line...Just make sure all your documentation is in order and sit back and wait...I’m guessing from what your saying this will go away


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## Mark Oomkes (Dec 10, 2000)

Hamster360 said:


> I wish there was an industry standard. It would be much easier if you had a set amount of hours like 8, to have lots and walkways cleared after an event. But that would be too easy.


Yeah, this would be a bad idea. I can't even begin to number the ways it is bad.


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## BUFF (Dec 24, 2009)

Mark Oomkes said:


> Yeah, this would be a bad idea.* I can't even begin to number the ways it is bad*.


Not enough fingers and toes?


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## Philbilly2 (Aug 25, 2007)

BUFF said:


> Not enough fingers and toes?


He has his mittens and boots on...


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## BossPlow2010 (Sep 29, 2010)

Defcon 5 said:


> Let the insurance company's handle it...Do not contact this guy...


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## southriverfarms (Jan 9, 2017)

It all depends on the contract. The building owner contracted you to provide the services and timing as outlined in the contract. If you followed that and can prove it - logs and GPS - then you should be ok. You can only be liable for negligence if you did not do what you said you would do.


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## rippinryno (Nov 14, 2019)

yes, the standard of service is outlined by the contract. not only is it a very good idea to have this in a contract, but it's also good business. There are industry standards that come up in these legal cases all the time. It may help or it may hurt, but they do come up as a starting point. Having a standard set in the contract is by far going to help the service provider as long as they maintain their part. 

There is an industry standard, it gets used a court, and while it cannot prove innocence or negligence, it does set a baseline and certainly gets used. Not a bad idea in my opinion, course what do i know.


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