daughter fell on ice - advice

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Replies

  • Alatariel75
    Alatariel75 Posts: 18,329 Member
    Ah, the MFP forums where the obvious answer of see a doctor then a lawyer (trained experts in their respective fields) just doesn't seem so obvious to many . . .

    When calling a lawyer because you scraped your knee and ripped your pants seems 'obvious', there's something very wrong with your outlook on life and sense of entitlement.

    This is exactly why she should speak to a lawyer rather than asking the general public. One will help analyze the law and the other will provide opinions about things that do not matter
    I am a litigation lawyer. People who come in expecting a handout for minor injuries drive me nuts. There are many unscrupulous lawyers out there who will take the case, clog up the court and cause clients with genuine legal disputes to have to languish for months and years in the system, because people see a paycheck in a bump and bruise. It's why lawyers and personal injury law have such a bad name.
  • dtimedwards
    dtimedwards Posts: 319 Member
    Be careful when walking on ice, it can be slippery.

    ETA: also be careful when handling hot coffee.


    This^^^

    OP: Make sure you include the Sun in your suit. It is surely negligent in its failure to shine brightly enough in wintertime to melt all the ice 24/7...especially in northern states where it seems to be a repetitive issue! I'm sure there have been complaints for CENTURIES! It should be an open and shut case!

    (sorry, but really?)

    ^^All of this

    Fair enough filing a complaint that your fed up of them not spreading grit when you're paying them to do so but going to the doctors when you don't need to just so you have it on record to sue, taking photos of injuries. PUH-LEASE don't you have better things to do with your time?

    best course of action is to buy a set of Yaktrax.

    http://www.amazon.com/Yaktrax-Run-Traction-Cleats-Snow/dp/B009LJI3XM/ref=pd_sim_sg_6
  • SunofaBeach14
    SunofaBeach14 Posts: 4,899 Member
    Ah, the MFP forums where the obvious answer of see a doctor then a lawyer (trained experts in their respective fields) just doesn't seem so obvious to many . . .

    When calling a lawyer because you scraped your knee and ripped your pants seems 'obvious', there's something very wrong with your outlook on life and sense of entitlement.

    This is exactly why she should speak to a lawyer rather than asking the general public. One will help analyze the law and the other will provide opinions about things that do not matter
    I am a litigation lawyer. People who come in expecting a handout for minor injuries drive me nuts. There are many unscrupulous lawyers out there who will take the case, clog up the court and cause clients with genuine legal disputes to have to languish for months and years in the system, because people see a paycheck in a bump and bruise. It's why lawyers and personal injury law have such a bad name.

    Then you should have read what the OP wrote. She believes that the HOA is not doing its job and they are already being sued for another fall. This is where a competent lawyer would start asking additional questions. Not every client comes seeking to get rich off of a minor fall. Some would prefer to see changes made so that a major fall doesn't follow.
  • la8ydi
    la8ydi Posts: 294 Member
    Although it's painfully obvious a lot of posters aren't reading the follow-ups to my original post, I feel the need to respond (yet again) with "I never said I wanted to sue" - my question was about addressing the lack of ice removal on the part of the HOA (which they are under contract to remove). I realize a pair of pants and some groceries, as well as some minor injuries are not worth suing over - I never said they were. I was mad because of the NEGLIGENCE of the HOA to remove the ice or at the very least SALT the area. Nothing was done and my daughter fell.
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  • ekz13
    ekz13 Posts: 725 Member
    I would file a complaint about it for starters.

    YOU are paying the REQUIRED HOA fees which covers stuff like this..

    THEY aren't holding up their end of the bargin..


    you could even possibly (if you wanted to push it) buy salt, put it on the sidewalk and then deduct that amount from your HOA fees and submit the reciept to them along with the remainder of the balance
  • latewinterwolf
    latewinterwolf Posts: 79
    shes just a bit scratched and bruised.
    Then complain to your landlord or w/e. i say the same about our council they get boat loads in traffic fees and council tax etc etc and they do **** all with it (sorry for my language)
  • smwright20
    smwright20 Posts: 18 Member
    If the HOA is responsible for salting and shoveling the walkways, and that is part of what their fees are for, why shouldn't she be mad? If you pay for something, don't you want what you pay for?
  • JesusBiscuits
    JesusBiscuits Posts: 66
    How many calories does falling on ice burn?
    Not many.


    How many calories does scraping the ice yourself burn?
    Now we are talking.
  • stumblinthrulife
    stumblinthrulife Posts: 2,558 Member
    Although it's painfully obvious a lot of posters aren't reading the follow-ups to my original post, I feel the need to respond (yet again) with "I never said I wanted to sue" - my question was about addressing the lack of ice removal on the part of the HOA (which they are under contract to remove). I realize a pair of pants and some groceries, as well as some minor injuries are not worth suing over - I never said they were. I was mad because of the NEGLIGENCE of the HOA to remove the ice or at the very least SALT the area. Nothing was done and my daughter fell.

    Few people read the whole thread before they respond. Best thing you can do at this point is stop coming in. It's not going to get any more constructive.
  • geebusuk
    geebusuk Posts: 3,348 Member
    Have you read exactly WHAT they are expected to do?
    How often do they say they will do it and when did they last do it?
    Remember salting/gritting won't help in all situations - in some cases you will just get a layer of snow/ice on top of it.

    Any advice???
    Chastise yourself for not brought up a daughter to 17 years old without making her be careful on ice?
    Remind said daughter to be more careful if she doesn't want bumps and bruises.
    Buy more pickle and milk?
    Do I need to take her to the doctor for some scrapes and bumps? That would mean I would need to take off of work too.
    Does your daughter have learning problems or similar?
    If I needed to go to the doctor's when I was 17, I went. I didn't need mummy to take me, even if it was one further away.
    ETA: also be careful when handling hot coffee.
    Erm. How are you going to make money out of that?
    No, no... they MUST serve coffee colder, even if their customers want it hot!
    It's obviously the fault of the company, not the person that holds very hot liquid between their legs!
  • kgeyser
    kgeyser Posts: 22,505 Member
    Although it's painfully obvious a lot of posters aren't reading the follow-ups to my original post, I feel the need to respond (yet again) with "I never said I wanted to sue" - my question was about addressing the lack of ice removal on the part of the HOA (which they are under contract to remove). I realize a pair of pants and some groceries, as well as some minor injuries are not worth suing over - I never said they were. I was mad because of the NEGLIGENCE of the HOA to remove the ice or at the very least SALT the area. Nothing was done and my daughter fell.

    Did they not take care of the area at all, or did they come through and plow/shovel and the resulting ice was the result of the natural melting/refreezing process of winter?
  • dbmata
    dbmata Posts: 12,950 Member
    OMG - I am sooooo mad. Tonight when I got back from getting groceries,my 17 year old daughter came out to the parking lot to help and slipped and fell on ice on the sidewalk. She ripped her pants, bruised her right knee, ripped open and bruised her left knee, and has a big scrape on her left buttock. She broke the pickle jar and the jug of milk. Now...what makes me mad is that I pay a BOATLOAD for association dues (I live in a condo) and they SUCK at clearing the snow and ice. The grouchy old lady down the block from me is suing them for a fall she had last year. Any advice??? (I took a bunch of pictures.)

    Microspikes, and practice.
  • dbmata
    dbmata Posts: 12,950 Member
    So monetary damages include a pair of pants, right? I don't think I'd sue over that. :huh: She has some scraped knees. Lawsuit what?! :laugh:

    Oops. Missed the pickles and milk. Maybe there's cause for a suit there...

    Yeah. Funny to note: OP is in tropical Michigan. I can understand why they'd be upset about ice there, they never get weather cold enough to freeze!
  • just_Jennie1
    just_Jennie1 Posts: 1,233
    My front walkway and driveway is slippery and I've almost taken a s*itter walking out to my car.

    Can I sue my husband for not sanding?
    Did they not take care of the area at all, or did they come through and plow/shovel and the resulting ice was the result of the natural melting/refreezing process of winter?

    ^^ This.

    Seriously.

    My mom lives in a condo and they have an HOA and yes, they remove the snow and they sand but it's nearly impossible to get rid of every single patch of ice that may be on the walkway, stairs, road etc.

    It's winter. It's going to be slippery in spots. One must be careful when they're walking around.
  • just_Jennie1
    just_Jennie1 Posts: 1,233
    I hate this compensation culture. Look where you're walking.

    ^ this.


    Interesting...

    So her dues are paying for a service... a service she is NOT getting. She is being cheated. Yet you recommend she do nothing?

    And what if because of the neglected service she does have substantial medical bills?

    I'm sorry but I have to agree with the person who said they hate the compensation culture. Everyone is so quick to sue over the littlest things. I'm certain that the daughter only suffered scrapes and bruises. Now had she fallen, whacked her head hard and then subsequently died or was in a vegetative state because of the clear lack of ice removal then perhaps she would have a leg to stand on with a lawsuit.

    It's winter. There is going to be ice. There's no way anyone can clear off every single little piece of ice and slippery spot because ice will melt and in the process of melting it's going to refreeze. She lives in Michigan. She is aware of the fact that it's cold and there's ice. She should be more careful when she walks. I almost took a digger walking out of a restaurant one morning a few weeks ago because I wasn't looking and I slid on a patch of ice. Would I have been upset if I feel and got hurt? Yes but I wouldn't look to sue the restaurant because there was one patch of ice that I just happened to find and slip on.

    Perhaps if we were more like other countries where the lawyers fees have to be paid if the person who brings the lawsuit looses we wouldn't have so many ambulance chasers and money wasters.
  • mndavid
    mndavid Posts: 20
    More importantly.. did you replace the pickle jar and the jug of milk?

    Can't you just leave the mess for the HOA to clean up?
  • nohaynicknamesdisponibles
    nohaynicknamesdisponibles Posts: 94 Member
    I hate this compensation culture. Look where your walking.
    They would do the same with you, so what?
  • BigDaddyRonnie
    BigDaddyRonnie Posts: 506 Member
    The question really is: What are you really, really mad at?

    1. Your daughter falling? (did she not see the ice?)
    2. The ripped jeans and broken pickles and milk? (I have ripped my jeans before, and broke worse than a pickle jar during a shopping trip)
    3. The icy sidewalk (or whatever it was)? (it is winter)
    4. Your high HOA fees? (this can be treated like a TV channel, change it)
    5. Taking off a day of work? (I always do to care for my child - yours at 17 doesn't drive?)

    What I am getting at...is do you want to me the same as the lady down the block that you mention? Did this scenario really cause you heartache and pain? Are you really put out by what happened? Are you really a victim?

    If so, call Saul.

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