path or pavement is covered with snow and I put salt down and it melts and someone is walking along path and slips. Can they sue me because I put salt down( tried to clear the path).
2007-02-03 03:17:48 · 18 answers · asked by rustykech 1 in Politics & Government ➔ Law & Ethics
Yes. He who changes it takes responsibility for it. Daft, isn't it! You clear the footpath and somebody slips and YOU get done for it. ... and people wonder why they say the law is an *** !
2007-02-03 03:59:27 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Anyone can sue anyone else at any time. The question you really want to know is do they have a valid claim against you...
NO. They do not. If you have a sidewalk or pathway that is open to the public and it must be used for foot traffic, either coming to your house or a sidewalk along the street, you are responsible to ensure there are no hazards. If you shovel the walk, put down sand and/or salt in an effort to render it safe and usable, you are pretty much covered.
Common law recognizes walking in the winter is dangerous and people fall. It recognizes what a prudent person would do to reduce the dangers, such as shoveling the snow off and using sand and/or salt. If you left the snow in place and there was a hazard under the snow that would have been found if you had cleared the snow, you would be liable. If you left the snow in place and it warmed up then froze so the snow turned into a sheet of ice, you would be liable. If you left the snow on your sidewalk along the street and rather than walking in the snow, someone walked into the street and got hit, you might be liable.
A prudent person would not leave hazards, they would remove them. Shovel the walk, put down the salt and stay on top of it.
2007-02-03 19:15:09 · answer #2 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
Can they sue you? Yes, you can sue anyone for just about anything.
Will they win? Absolutely not, you took reasonable precautions to prevent a slip and fall. Tort law does not exist to compensate every person for every injury. It is there to compensate when another person acts with negligence. You taking a reasonable precaution to prevent injury is the exact opposite of negligence. The fact that it didn't prevent the injury doesn't matter, you simply would not be negligent. Every one that is saying you would be responsible because you altered the pathway is over looking the negligence factor, you MUST be negligent to be liable, sidewalk injuries are not a strict liability tort.
Unfortunately, that is all great in theory but the reality is a scammer or opportunist might sue anyway knowing it may be cheaper to just toss them a few bucks then it is to fight it out in court. At any rate, it would be the problem of your homeowners insurance and many ins. comp. have the policy of not settling with scammers, and if you don't have insurance no attorney will bother filing suit against you.
2007-02-03 12:30:42 · answer #3 · answered by Daz2020 4 · 0⤊ 0⤋
hmmm... im not sure. My dad only has one leg and his balance isnt so great... anyways... he was outside a movie shop and the owner DIDNT put down salt.... he ended up slipping and injured his hip. The guy looking out for the shop came out and saw his leg (the fake one) twisted all the way around and freaked. Didnt do a thing... just walked into the store and pretended like nothing happened. My dad sued for the amount it costed for medication and a new pair of pants... wasnt more than 200 dollars I think.
but just out of curiosity... if you laid down salt after clearing away the ice and snow then how could someone possibly slip?
2007-02-03 11:30:17 · answer #4 · answered by Kate 5 · 1⤊ 0⤋
Nobody pays because there is no negligence on anyones part, or furthermore no duty of care on a public pavement other than that of the local authority. Accidents happen, was it negligence? if the local authority has put the salt down and you still slip (discounting anyother factors) there is not negligence therefore not actionable!
2007-02-04 20:27:39 · answer #5 · answered by logicalawyer 3 · 0⤊ 0⤋
Was it on your property? Did you invite that person there? Is the fact that you put salt on the pavement the direct cause of the slip?
2007-02-03 11:47:50 · answer #6 · answered by Silviu T 1 · 0⤊ 0⤋
Not likely you that pays the cost because if someone slips on a completely cleared pathway, it will be their own fault. Just as if someone rides a bike etc. caveat emptor.
2007-02-03 12:28:10 · answer #7 · answered by D M 4 · 0⤊ 0⤋
yes you can be sued as you left the pavement in a dangerous condition. Best answer is NOT to clear the pavement in front of your house.
2007-02-03 11:54:59 · answer #8 · answered by mike-from-spain 6 · 0⤊ 0⤋
in putting the salt down you identified a hazard, so become liable, if the path had been 'made safe' there should have been no reason to slip
2007-02-03 11:29:35 · answer #9 · answered by Good Egg 6 · 1⤊ 0⤋
Depends on where you live.. In the UK it would be the fault of the council.. in the US.. I guess it's you for clearing it.
You're damned if you do, and damned if you don't..
But seriously.. if it can be proven that you had done your best to clear the pavement to make it safe.. the person who slipped should have been more careful how and where they were walking.
It should be their own fault.
2007-02-03 11:29:37 · answer #10 · answered by Britlass 2 · 1⤊ 1⤋