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Thread: If you don't shovel/plow your sidewalk you're a bad person.

  1. #10

    Default Re: If you don't shovel/plow your sidewalk you're a bad person.

    Quote Originally Posted by ODH View Post
    When I was a kid some lady just down the street from me, made national news by suing her husband for not shoveling the sidewalk after she tripped and fell.
    I don't really remember the outcome, bUt I think she was allowed to persue her case and won.
    I am no expert on insurance law, but I believe that, often, it is required that a suit be pressed in order to claim on homeowner's liability. She may have been trying to get coverage for her injuries. I recall a similar case here in California.

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  2. #11
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    Default Re: If you don't shovel/plow your sidewalk you're a bad person.

    Quote Originally Posted by M Richardson View Post
    I am no expert on insurance law, but I believe that, often, it is required that a suit be pressed in order to claim on homeowner's liability. She may have been trying to get coverage for her injuries. I recall a similar case here in California.
    A formal suit is not required. An injured party need only make a demand for damages and allege an act of negligence against a named insured. How the allegation is handled from there depends on what the insurer determines during it's investigation. It may make a settlement offer, decide to deny the claim or offer to pay the medical costs sustained. Most premises liability policies contain medical benefits coverage of $500 or $1000. That coverage allows an insurer to pay up to the specified amount for medical costs sustained, regardless of negligence and without jeopardizing it's defense position. It's intended to make an injured party financially whole thereby avoiding the legal costs of defending a suit.

    I have some clients that take the position you state, a claim is not a claim until a lawsuit is filed. Ultimately every case they receive ends up in the hands of an attorney at $300/400 /hour, minimum $3,000 to acknowledge receipt to the court. It's an egotistical dumb waste of money, PsesO the injured party and forces them to retain an attorney which the client ends up paying for in the end. But, that's the attitude of their General Counsel. We've had cases of a broken wrist from a slip and fall, could have settled them for $15,000 before the suit papers arrived but nooooooooo, general counsel takes it to the trial, then settles for $85,000 because plaintiff's counsel has a dead on case.
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  3. #12
    Olympic Champ RYou's Avatar
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    Default Re: If you don't shovel/plow your sidewalk you're a bad person.

    Quote Originally Posted by WrestlingTerp View Post
    In my community you can be shot a Noon the day after the snowfall if your sidewalk isn't cleared. But then again, we don't HAVE any sidewalks.....

    I feel like busting up a Starbucks.....
    We don't have sidewalks either, yet I have two attorneys residing next to me and neither removes the snow from their driveway and walkways. It is laughable right now because their drives are 2 inches of packed ice. While they don't have a problem getting in and out, but their wives and kids do. Last Sunday one had to hire a tow truck to come over and yank the kid's car off the front lawn. He slid off the drive, spun the wheels through the snow and buried it in the lawn. The front of the house looks like a bomb exploded with the hole and turf strewn all over the place from the spinning tires.
    Life's not the breaths you take, the breathing in and out that gets you through the day ain't what it's all about. It's the moments that take your breath away.

  4. #13

    Default Re: If you don't shovel/plow your sidewalk you're a bad person.

    Quote Originally Posted by RYou View Post
    We don't have sidewalks either, yet I have two attorneys residing next to me and neither removes the snow from their driveway and walkways. It is laughable right now because their drives are 2 inches of packed ice. While they don't have a problem getting in and out, but their wives and kids do. Last Sunday one had to hire a tow truck to come over and yank the kid's car off the front lawn. He slid off the drive, spun the wheels through the snow and buried it in the lawn. The front of the house looks like a bomb exploded with the hole and turf strewn all over the place from the spinning tires.
    When we first moved to the western part of our county I felt like quite the gentleman farmer. Got myself my riding mower, snow blade, chains, etc. We have a driveway about 175 feet long and that little mower slid all over the place trying to move any snow.

    I finally got the hint and bought a walk behind snowblower about 7 or 8 years ago. Hey, I went to a state university so I may not be quick on the uptake. I've barely used the snowblower the past couple of winters, but with any decent snowfall I'm Mr. Helpful clearing my neighbor's driveway, etc.

    Plus it is important to clear a path for the dogs in the backyard. We can't have them inconvenienced in any way.
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  5. #14

    Default Re: If you don't shovel/plow your sidewalk you're a bad person.

    Quote Originally Posted by Ken Shirtaugh View Post
    Your heart is just fine Steve, get out there and shovel your sidewalk!!
    Nobody over 50 should shovel, doctors say. But I did anyway.

    There was such concern about deaths that laws were changed in Ohio regarding libility. If the outdoor condition of your property is in line with that day's current prevailing conditions you are off the hook.

    This lead to questions regarding efforts to clear then making one liable, as opposed to not touching snow or ice on a property at all.

    I was involved in a court case where a lady fell on ice in the parking lot of a business. I was the manager on duty and filed a report on it. The lot had been plowed but not salted (very few businesses are). A few years later I had to testify and be questioned on the report I filed and my memory of the event. The lady LOST the case, because iced surfaces was determined to be a the prevailing condition that day. If we had SALTED and she fell we had more of a danger of losing, as ironic as that sounds.
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