He is 68 and slipped and was knocked out when he hit his head off of the curb. He broke his arm so severely, he is getting it operated on tomorrow to have a plate put in. I told my mom that they should contact an attorney to see if the municipality holds some fault since the street was not cleared of snow...what do you think?
2007-02-07 15:40:25 · 22 answers · asked by Sparkle 2 in Politics & Government ➔ Law & Ethics
Contact a personal injury lawyer. The lawyer can tell you if your dad has a good case.
I hope his surgery goes well.
2007-02-07 15:51:16 · answer #1 · answered by ne11 5 · 0⤊ 1⤋
It really depends on 1) the state in which you live and 2) the amount of snow. Generally, city and state governments have immunity from certain classes of tort liability. So the first step would be determining whether you could sue the city in this scenario or whether they would be immune from the suit. Secondly, many states, especially in the north east have some variation of the "hills and ridges" doctrine. This doctrine basically says, "We know it is going to be impossible to keep every sidewalk completely free of snow and ice. So, if someone slips and falls on your property, you will only be liable if there was so much snow or so much ice that it formed "hills and ridges."" So even if the city was not immune to suit, you'll have other hurdles to overcome. Other issues that arise in these cases are:
- how long the snow had fallen before your father fell; i.e., was he running around in a snow storm or did the accident occur 6 hours after the storm had ended
- could he have taken a safer route and chose not to? i.e., did he decide to trample through the snow as a short cut rather than walk to where a path was cleared.
As I said above, all of these issues are going to be dependent on the law in your particular jurisdiction. In otherwords, you need to talk to a lawyer.
2007-02-07 23:54:26 · answer #2 · answered by dasvidas 3 · 1⤊ 0⤋
Whatever happened to an accident is an accident? or personal accountability?
Common sense tells us that when it is snowing or has recently snowed the ground may be slippery. Therefore, we must exercise our own personal due diligence to decide if being out in the snow is safe, and is the risk of slipping in snow worth leaving the house.
I am sorry that your father got hurt, and it's a terrible thing, but under your premise ever car that slid off a slippery road would also be the fault of the city, and that's just not logical. Even if they had just run a snow plow down that street five seconds before your dad fell that is no guarentee that the road will not be slippery. Due diligence and common sense have to considered.
If you see a rattlesnake on the road and step in front of it and it bites you, who is at fault? The city for allowing a rattlesnake or you for putting your foot in front of it?
If you see a snow covered street (for what ever reason) and you step into and slip - who's fault is that? After all you are the one who put your foot into the danger zone.
2007-02-08 07:26:04 · answer #3 · answered by Susie D 6 · 1⤊ 1⤋
If you choose to get an attorney, do it sooner rather than later. In many states there is a short amount of time to bring a "notice of claim" against a municipality. A notice of claim isn't a lawsuit, but rather putting the municipality on notice that at some later time a lawsuit will be filed. Without such a notice, a later lawsuit might be dismissed.
2007-02-08 11:03:24 · answer #4 · answered by lawbean3 2 · 0⤊ 0⤋
Was it snowing at the time? Had it snowed the night before?
Cities have a small set amount that they can legally be sued for.
You would have to show gross negligence on their part. usually that means people had complained it was hazardous, they should have reasonably had it shoveled - not snowing, days had gone by & no removal attempted, or the danger was hidden from the average person's sight. O do not think your Dad has much of a chance to win but you could see a lawyer. I would not waste my time or money seeing one. You could contact city they may make an offer to avoid problems, it depends on your city attorney. Mine will not make offer & our city has not lost a lawsuit in a long long time. Hope your Dad is okay.
2007-02-08 00:01:48 · answer #5 · answered by Wolfpacker 6 · 1⤊ 0⤋
Yes you can get an attorney and hold the municipality liable for your fathers fall. Its a resposiblity that every owner has to keep their sidewalks clear of ice and snow in winter. You can get ticketed for not doing so after a certain time after a storm. Cities also must take care of their streets as well as any public sidewalks, and if they fail to do so they are liable and you have the right to go after them and get a compensation; probably only the cost of the operation.
2007-02-07 23:54:28 · answer #6 · answered by almost done 2 · 0⤊ 1⤋
Sorry about your dad;
PEOPLE he fell in the street not the sidewalk....
The city has a responisblity to clear the streets in a reasonably amount of time. Meaning if they where still working on clearing the streets then they are not at fault. If they skipped or failed to clear (or attempt) to clear that street then talk to a lawyer. However it is an accident - not negligent or misrepaired or damaged road work. Just snow.
2007-02-08 00:02:36 · answer #7 · answered by Carl P 7 · 0⤊ 0⤋
I truly dislike people like you who look to blame the city for an accident that was unfortunate. That said, your legal case depends on whether or not the city had adequate time to plow the snow in the first place. If it was during or right after the storm probably not but if it hadn't been cleaned up in a while and was a sizable amount you have a decent shot.
2007-02-07 23:52:09 · answer #8 · answered by doctor slernon 1 · 0⤊ 1⤋
Yes, I think you should see an attorney public sidewalk are supposed to be cleared by the business owner about every hour while open for business during snow and Ice conditions...
2007-02-07 23:47:40 · answer #9 · answered by ralphtheartist 3 · 0⤊ 1⤋
if someone slips and falls on the sidewalk in front of your house, you as the home owner are liable.
if they slipped and fell on a street in front of a business, normally that business is at fault.
if just a city street, then the city is at fault.
if you drive over a pot hole and it damages your car, the city is responsible and you can have them fix the car.
I would at least get enough to cover the medical bills. accidents do happen, so no need to be sue or money hungry.
2007-02-07 23:45:17 · answer #10 · answered by Anonymous · 1⤊ 1⤋
Sorry to hear of you father's mishap. But, why was he out walking in the snow anyways. Why is "get a lawyer" the first thing people think of when they have a problem like this.
2007-02-07 23:52:39 · answer #11 · answered by Get Real 4 · 1⤊ 0⤋