The Observation Deck

I was notified today about an injury that occurred on my neighbors sidewalk back on July 4th 2011. I was shocked to see the pictures and hear that the person was suing. Keep in mind this was at 10:30am on July 4th, one of the clearest days of the year. Here are the pictures on the sidewalk. If you can tell the previous owner had concrete "ramp" put in connecting the 2 sidewalks. If you were coordinated enough to trip and fall on this would you dare sue the owner? Maybe I just take personal responsibility when I am an idiot... Thoughts?

Here are the pictures of the injuries that she received from the trip.

While I feel bad for the 20 something year old jogger that got scrapped up I am just shocked that she would sue.

Did I mention that the injured person works in a law department of a large company in Cleveland, think that may be connected?

Ryan

In America you can sue a ham sandwich if you find a court to take it.

I would have to think that you took every conceivable precaution for the typical user.

You might end in court, but I imagine at the pre-trial, common sense will prevail.

HOWEVER, NEVER go into a court without a lawyer.

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what sort of medical expenses would one sue for in that injury? the price of a shot of bactine? a bandaid?

Ryan--- I can show you the crack in the sidewalk that I broke my foot on in 1969. It's still there. I was coming down off of a mile run around the block. In a cast and on crutches for 9 weeks. (I was in academic "sabbatical" then for a quarter at CCC. Developed quite an appreciation for the handicap features of the new downtown campus).
Upshot of it is, there are code requirements for sidewalks and size of cracks, etc. Ultimately, this will be turned over to the homeowners insurance company. If there is no liability most policies have a med pay that will automatically pay for bills just to get it out of the way. If there is a question of liability or the injured party sues the policy will defend.
The pics look like just cuts and abrasions. If there aren't any broken bones then the "injured" is a real a**hole for even causing trouble.
Stan

Hope it all works out for the best.

Fortunately for me I look where I walk or run so i don't need to worry about sueing anybody.

Wow! A lawsuit for a few scrapes, that is not right. That same day my 12 year old tripped at our friend's home on their front sidewalk after the parade. He broke his big toe and I spent some time at the doctor's office and then had to take him to an orthopedic doctor. We would never even think of suing our friends or anyone else over an injury caused by klutziness. This is Lakewood, sidewalks are uneven, watch where you walk.

Or ..... perhaps the City should be sued for not enforcing existing orindances? There ARE ordinances on the books which prescribe proper property care! (I am not advocating this tack; or any law suit at all in this case ... just tossing something out there.)

Peter Grossetti wrote:Or ..... perhaps the City should be sued for not enforcing existing orindances? There ARE ordinances on the books which prescribe proper property care! (I am not advocating this tack; or any law suit at all in this case ... just tossing something out there.)

Peter

I think the city gets to decide who gets to sue it.

I might be wrong but I remember going through this when a city tree fell on my house.

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Jerry Ritcey wrote:

sidewalk4.png

Jerry

Nice, is that your work?

Ryan

I can see this on many levels. A friend of mine fell in a parking lot in LA, skinned his knee,
went home cleaned it out. A week later it was infected, and went to the hospital where the
infection was found out to be that flesh eating virus, and he nearly lost his leg.

Of course he never thought of suing the store, and it would be interesting to see how the
store could be responsible for a virus it knew nothing about. But...

My suggestion, is to counter sue for night trauma, separate cases for you, the wife and the
kids that are so afraid of losing everything in this lawsuit they cannot sleep. Let the court
join the cases at the first or second hearing, then go for the throat, and maybe for the
throat of the company she works for. I am willing to bet some of this has been done on
work time, and with office equipment.

Do a search of court records for whoever has beaten that lawyer/firm the most and hire
that guy or woman.

FWIW

.

How do you say, "Be careful, dumbass" in Latin?

There is no need for tort reform. judges and juries are free to judge

Jogging on Lakewood sidewalks is treacherous. You really have to pay attention or you end up like those pics or worse. Anyone who runs (or even walks) knows this.

The City inspects the sidewalks every so often and sends letters to those with non-conforming sidewalks. If I were your neighbor, I'd call the City and find out when their sidewalk was last inspected. I'd also inquire if a letter was sent and the situation adequately fixed (brought up to code).

we don't need big Government getting prissy over sidewalks. The Photo posted shows the sidewalk in question to be almost completely level.

If a lawer takes this plaintiff's case, it is every good citizens civic responsibility to egg that lawyer's house and his office, as well as whatever law school he went to. and to boycott all lawyers that graduated at that law school within 3 years of him.

I manage to trip or slip and fall on sidewalks several times a year. I realize this is my own fault, because i have an IQ greater than the borderline of mental retardation, and I am not legally blind. A few years ago I was walking around the block. There was snow on the ground, and I managed to step onto a patch of snow hiding a meticulously removed sidewalk. I sank into mud up to my knee, and it ruined my pants. One of the utility companies must have removed the sidewalk and not posted warning tape around it. I was not seriously injured, so I did not sue anyone!