# Slip and fall lawsuit



## wishfull (Nov 22, 2017)

After 8 yrs. bound to happen I suppose. Women says she slipped and broke her ankle on one of our sites (she worked in a liquor store there). Says she is suffering from all kinds of mental anguish, can't sleep, has fears of falling and such. But get this, accident supposedly happened 23 months ago. We hadn't any snow for over three weeks at this time and we were not contracted to salt or sand this lot except on call out by landlord. We keep very meticulous records of everything we do and include this information on our billings. Our insurance company just loves us right now and told the woman's lawyer to stuff it where the sun don't shine. My question is: Does B.S. like this happen often and am I lucky so far? How do you deal with this?


----------



## kimber750 (Sep 19, 2011)

I would assume some type of statute of limitation in your case. Almost two years later?


----------



## iceyman (Mar 1, 2007)

Yea bs but if its probably a 2 yr statute.. give them all the facts and let the insurance co deal with it. In this day and age she will probably get a small settlement to go away unfortunately


----------



## Randall Ave (Oct 29, 2014)

Nothing to worry about. You have documentation, and insurance. Did you get a 30 page question sheet yet?


----------



## FredG (Oct 15, 2012)

Must be sick of working in the liquor store. Not that they won't give her a small bone to get rid of her, They have to prove you negligent. Don't sweat it, your insurance company will handle it.


----------



## MSsnowplowing (Nov 1, 2012)

Don't sweat it, that's why you have insurance.

Good you kept the paperwork and logs, I keep mine for 5 years just in case.

Also if you don't already, you should put in your contract you are not responsible for any slip and fall and the client assumes all responsibly they don't want you putting down product.

Ran into that a few years back and clearly stated that, then there was a slip and fall, his lawyer contacted me and I sent him the contract with that highlighted, took me right out of the lawsuit.


----------



## FredG (Oct 15, 2012)

Don't talk to any smooth talking ambulance chaser, Anybody tries to contact you tell them to contact your insurance company.


----------



## wishfull (Nov 22, 2017)

Yup, I'm sending off my documentation today along with the official weather data report for the 30 days leading up to the so called accident. A lot of checking up to do as to exactly where she fell as there is an area that the tenant's employees are supposed to maintain. Also found out she is suing the new owners of the liquor store. They didn't take over for 4 months after this supposedly happened. Insurance company checking to see if she filed for W.C.B. cause if she did, here in Alberta anyway, she can't sue. Some people sure like to ride around on other peoples coat tails. And yes, everyone should document everything the do and keep notes on the weather, hang on to your paperwork for at least two years. Hope all you plowers down east get some snow soon so you can buy yourselves some new toys for Xmas.


----------



## Mark Oomkes (Dec 10, 2000)

Here in Michigan, it's 2 years for slip and fall. 

Had one several years ago, we sent in the paperwork and documentation, it was denied and never heard another word. No settlement, nothing.


----------



## leigh (Jan 2, 2009)

Had one a couple years ago, broken ankle, looking for 180k. Insurance company said no dinero on this one.Leaking gutter dripping and freezing on sidewalk. Still,the anxiety almost made me quit plowing.(kinda wish I had)


----------



## hosenfeffer (Nov 23, 2008)

Scary story about lawsuit. Wife on jury. Slip and fall claim. Company had logs of plowing sanding salting. Done extremely well.onsite more than once an hour. They had salt sand next to doors of apt bldg. During snowstorm fell and sued. Jury foreman said obviously guilty how much are we gonna give them. Wife said it is Friday and I am not giving them a dime and we can sit here all weekend. No money if she had not been there no such luck. Watch your ass and hope for her some one like her on jury.


----------



## tboeving (Dec 6, 2017)

still dealing with one and sold my business this past year. thats what insurance is for. guy slipped when it was raining and 43 degrees. case been going on for prob two years now and was filed almost two years after it happened. it happens, document, document, document!


----------



## Mr.Markus (Jan 7, 2010)

Slip and falls are jury trials...? I thought I saw one on Judge Judy.
It is about documentation and showing you provided reasonable service. People fall within minutes of F rain events, everyone gets in a titter and complains about the service guy. When the true facts are there is time required to provide service. I can tell you many of the slippery situations that I respond to the towns and county are just getting started on servicing. You are not required to catch the event out of the sky, but you are required to do your due diligence and record your services. Even better if you can show times of when the event started, ended,action taken material used, time in and out site conditions, weather conditions at time of service and your response time is quick. Knowing all of this going in, it is surprising how many still wing it after the fact.


----------



## SHAWZER (Feb 29, 2012)

My insurance investigator told me to not bother recording the weather each day . He said they just rely on a couple of weather sites for a certain day and location .


----------



## FredG (Oct 15, 2012)

Mr.Markus said:


> Slip and falls are jury trials...? I thought I saw one on Judge Judy.
> It is about documentation and showing you provided reasonable service. People fall within minutes of F rain events, everyone gets in a titter and complains about the service guy. When the true facts are there is time required to provide service. I can tell you many of the slippery situations that I respond to the towns and county are just getting started on servicing. You are not required to catch the event out of the sky, but you are required to do your due diligence and record your services. Even better if you can show times of when the event started, ended,action taken material used, time in and out site conditions, weather conditions at time of service and your response time is quick. Knowing all of this going in, it is surprising how many still wing it after the fact.


Judge Judy. LMAO


----------



## Mr.Markus (Jan 7, 2010)

SHAWZER said:


> My insurance investigator told me to not bother recording the weather each day . He said they just rely on a couple of weather sites for a certain day and location .


I can see them using weather data. So they're gonna come to their own conclusion regardless of what you record? I've been wary of using photographs because I'm usually at my next site before my salt treatments start to work.


----------



## SHAWZER (Feb 29, 2012)

That is what he told me . He seems to see and say things that I do not agree with .


----------



## Mr.Markus (Jan 7, 2010)

SHAWZER said:


> That is what he told me . He seems to see and say things that I do not agree with .


My wife is a commercial broker and all though she doesn't handle my insurance I find myself agreeing with your statement...


----------



## m_ice (Aug 12, 2012)

Not sure whether it's relevant in this case but we had 1 were a technician at a bank slipped on a downspout refreeze and broke his leg. Other than the initial incident report where they said their workers comp would cover it, I never heard another word. 
It was also nice to see a month later they were cutting up the asphalt to tile the downspout away from right by the front door.


----------



## Broncslefty7 (Jul 14, 2014)

Only place I’ve ever had a slip and fall issue was in a bit so nice area. There been four reports of slip and fall in 6 years. Records and security cameras all showed intentional falling. Some people just want to catch a case...


----------



## THORN (Dec 19, 2010)

wishfull said:


> After 8 yrs. bound to happen I suppose. Women says she slipped and broke her ankle on one of our sites (she worked in a liquor store there). Says she is suffering from all kinds of mental anguish, can't sleep, has fears of falling and such. But get this, accident supposedly happened 23 months ago. We hadn't any snow for over three weeks at this time and we were not contracted to salt or sand this lot except on call out by landlord. We keep very meticulous records of everything we do and include this information on our billings. Our insurance company just loves us right now and told the woman's lawyer to stuff it where the sun don't shine. My question is: Does B.S. like this happen often and am I lucky so far? How do you deal with this?


Your lucky as hell. By a lottery ticket. 2-3 a year on average. Bigger sites maybe but everyone is out for the free buck but us out working.


----------



## fireside (Mar 1, 2008)

I had one no snow for 3 week claim they fell on sidewalk.yup camera showed it but I don't maintain the sidewalks or have for 20 years. ice was from roof leaking on the walks. never heard another word about it.


----------



## Luther (Oct 31, 2007)

wishfull said:


> After 8 yrs. bound to happen I suppose. Women says she slipped and broke her ankle on one of our sites (she worked in a liquor store there). Says she is suffering from all kinds of mental anguish, can't sleep, has fears of falling and such. But get this, accident supposedly happened 23 months ago. We hadn't any snow for over three weeks at this time and we were not contracted to salt or sand this lot except on call out by landlord. We keep very meticulous records of everything we do and include this information on our billings. Our insurance company just loves us right now and told the woman's lawyer to stuff it where the sun don't shine. My question is: Does B.S. like this happen often and am I lucky so far? How do you deal with this?


BS like this happens all the time. Most likely her lawyer was counting on you NOT having your documentation in order. Good thing you did. An honest lawyer (if you can find such an animal) will tell you they don't care much about liability...it's not about that...to them it's all about collect-ability. If they think you don't have your act together, and you have assets they can take, you're a potential target for them.


----------



## wishfull (Nov 22, 2017)

Another accident at the same location only was with a vehicle this time. Said the lot was icy and caused him to slide backwards into a parked car. Wouldn't call the police but called a town bylaw officer in to investigate. This is on private property so WTF was that about. Got an elderly woman that lives across the street and watches what goes on over there all day and maybe night too. She walks that lot and the sidewalks in front of it looking for a spot of ice just so she can ***** a little. She seen it all. The truck came flying around the corner on to the lot at high speed threw his truck in reverse and backed up like a jack bunny. Then pulled ahead and claims he slide sideways on an icy lot and needs things fixed. Had two other witnesses who saw his BS driving. Probably had prior damage to his truck that he couldn't claim and thought why not. Cops did show up and he's in trouble.


----------



## FredG (Oct 15, 2012)

wishfull said:


> Another accident at the same location only was with a vehicle this time. Said the lot was icy and caused him to slide backwards into a parked car. Wouldn't call the police but called a town bylaw officer in to investigate. This is on private property so WTF was that about. Got an elderly woman that lives across the street and watches what goes on over there all day and maybe night too. She walks that lot and the sidewalks in front of it looking for a spot of ice just so she can ***** a little. She seen it all. The truck came flying around the corner on to the lot at high speed threw his truck in reverse and backed up like a jack bunny. Then pulled ahead and claims he slide sideways on an icy lot and needs things fixed. Had two other witnesses who saw his BS driving. Probably had prior damage to his truck that he couldn't claim and thought why not. Cops did show up and he's in trouble.


What a :terribletowel:


----------



## On a Call (Jan 14, 2015)

If she happens to have a visit from bubba....things go away.


----------



## Ramairfreak98ss (Aug 17, 2005)

kimber750 said:


> I would assume some type of statute of limitation in your case. Almost two years later?


in NJ happens every year, several claims every year is common. how is your contract with the liquor store worded? if you indemnified them but they call you out, your still screwed. If you ONLY service on their call, then likely your insurance should deny and put it back in their lap to handle the claim on their own insurance.


----------



## Ramairfreak98ss (Aug 17, 2005)

honestly i don't believe any of these folks who slipped and fell and sued in prior years, were people that purposely went out to stage a fall and claim major injury, most were just banged up a bit, some more than others, some their ego damaged, but its the lawyers who arnt usually "good" lawyers in NJ area, that prey on these folks, to get them to call and see if they can get them any money "justice for the slip and fall (victim)" lol. they get hooked in, no money down, no deposit, no lawyer bills etc. just owe them 30% of whatever they collect.. These people are usually just "dumb", they go out the day of or day after a snow storm, park on ice, get out in heals, are 200lbs overweight, park along the curb thats frozen, park on snow, park on melted snow/refroze along a curb or corner where the salt truck can't possibly get to each time it shows up and some cars are always parked there, walk along the side of the canopy overhangs for the cart returns, where the snow is cleared under and around but a day later or so, melts and slides off... one woman had photos at a grocery store from a few years ago, small patch of snow, looked like the car before her cleared their minivan roof off, she parks there, walks around back of her car and splat..

their lawyer complained that the store should have called us to come plow or salt.. everyone involved were like what would they have done? shovel for 5 minutes? if we called them out to shovel every 5 minutes worth, we'd pay them to be here 24/7 until the snow melts.


----------



## wishfull (Nov 22, 2017)

The woman fell in an area we don't even maintain under our contract. The liquor store leases from the person we do the lot itself for. The tenant is responsible for the rest and the tenant is part of a big corporation actually. Yes, our insurance company know this lawyer quite well as he is an ambulance chaser. Sue everyone and see who coughs up the dough first. Our insurance company has already told him to get lost as he isn't getting nothing from them except a counter suit for their time and expenses if he don't go away.


----------



## wishfull (Nov 22, 2017)

Just an update. Received word from our insurance company the other day. Thanks to our documentation all parties were found not negligent. She didn't get a dime. So a lesson learned. Always document everything if if it doesn't seem relevant at the time.


----------



## iceyman (Mar 1, 2007)

wishfull said:


> Just an update. Received word from our insurance company the other day. Thanks to our documentation all parties were found not negligent. She didn't get a dime. So a lesson learned. Always document everything if if it doesn't seem relevant at the time.


----------

