Getting sued by neighbor (1 Viewer)

[shadyridr]

That's lame. I've never heard of having to maintain your sidewalk from an act of God.

This... and furthermore... if the city comes along and plows three feet of snow from the road onto the sidewalk you all have to shovel it off. How does that make sense?

no not this

 

[shadyridr]

In nyc if a city trees roots crack the sidewalk causing a hazard is up to the homeowner to fix it

 

[Cjw_55106]

Someone slipped on my SIL's driveway and the insurance company denied the claim. No idea why your insurance company paid this out if you did indeed, clear the walk.

 

[STEADYMOBBIN 22]

Hold up, this was in Florida?

 

[Cliff Clavin]

In nyc if a city trees roots crack the sidewalk causing a hazard is up to the homeowner to fix it

That is some bull####. 100% agree with keeping your sidewalk shovelled though.

 

[Ned]

In nyc if a city trees roots crack the sidewalk causing a hazard is up to the homeowner to fix it

Oh come on!

 

[Quez]

Wait until he is out of town and go and put his water hose in the ground by his bedroom & turn it on. Leave it on for a day or so. If your lucky it will create a massive hole right under his bed, and swallow him up when he goes to sleep.

 

[Ned]

PM Dodds.

 

[Leviathan]

Burn him in effigy. Be sure he sees you playing castanets when it goes down.

 

[Cjw_55106]

Spell something out in his yard with grass killer. He'll either have to live with it, or tear it out.

 

[James Daulton]

Did he have proof he slipped on your sidewalk? If not, wtf would your insurance pay.

Regardless, plant bamboo someone hidden in his yard. It will grow fast, take over, and he'll never be able to get rid of it. Plus bamboo is kinda cool to look at as long as it's not your problem.

 

[Hov34]

Gift card to Olive Garden?

 

[B-Deep]

Give me your zip code and I'll find a haunted house in your area

 

[Mr. Ected]

In nyc if a city trees roots crack the sidewalk causing a hazard is up to the homeowner to fix it

New York City?

 

[flranger]

Your insurance company seems pretty dumb. I thought standard practice on a settlement was to include a provision making it clear that the payment represents final payment for all current and future claims related to the incident and explicitly barring future lawsuits related to the matter.

I don't think you understand homeowners insurance.

Two coverages.

Medical Payments Coverage (MPC) is without fault. It usually has low limits like $5k. I imagine the initial payment came out of MPC.

Liability coverage requires finding of full or partial fault to trigger insurance offer (attorneys, please take your explanation to the ruin it thread). These limits are much higher, at least 100k. If no finding of fault, then the insurance will pay for your defense.

 

[-fish-]

Your insurance company seems pretty dumb. I thought standard practice on a settlement was to include a provision making it clear that the payment represents final payment for all current and future claims related to the incident and explicitly barring future lawsuits related to the matter.

I don't think you understand homeowners insurance.

Two coverages.

Medical Payments Coverage (MPC) is without fault. It usually has low limits like $5k. I imagine the initial payment came out of MPC.

Liability coverage requires finding of full or partial fault to trigger insurance offer (attorneys, please take your explanation to the ruin it thread). These limits are much higher, at least 100k. If no finding of fault, then the insurance will pay for your defense.

no, the OP said he got sued, not just that the guy made a claim. now he says he's getting sued again.

gd is right--there's something wrong with this picture.

 

[the moops]

In nyc if a city trees roots crack the sidewalk causing a hazard is up to the homeowner to fix it

Oh come on!

Same here in Minny.

Can only use a few selected companies to repair sidewalks too.

 

[Gianni Verscotchie]

Order a pizza to his house.

Scratch that. Send a SMIRNOFF ICE to his house. That might be TOO over the top though.

 

[gangrenengold]

Your insurance company seems pretty dumb. I thought standard practice on a settlement was to include a provision making it clear that the payment represents final payment for all current and future claims related to the incident and explicitly barring future lawsuits related to the matter.

I don't think you understand homeowners insurance.

Two coverages.

Medical Payments Coverage (MPC) is without fault. It usually has low limits like $5k. I imagine the initial payment came out of MPC.

Liability coverage requires finding of full or partial fault to trigger insurance offer (attorneys, please take your explanation to the ruin it thread). These limits are much higher, at least 100k. If no finding of fault, then the insurance will pay for your defense.

 

[gangrenengold]

Flranger is correct here, first time was an Insurance claim, now is a liability claim.

 

[gangrenengold]

Appreciating all the responses! Where does one find bamboo?

 

[Christo]

Appreciating all the responses! Where does one find bamboo?

Talk to Otis.

 

[ghostguy123]

You have a terrible lawyer.

 

[Dr Oadi]

Whoever came up with the idea that it's my fault you hurt yourself on my property should be shot and then hung.

 

[ghostguy123]

Whoever came up with the idea that it's my fault you hurt yourself on my property should be shot and then hung.

I get it if you make your yard unreasonably unsafe.

But an icy sidewalk?

I also realize and to a point agree when developments make people responsible for clearing their sidewalks, but a small fine would be the sensible thing to do. The ability to sue for ice on the sidewalk and being dumb enough to fall on it is.......................why we can't have nice things.

 

[Jobber]

You should ask your other neighbours if this guy is a serial suer (that even a word?) My guessis he's got a long history of this.

 

[culdeus]

Whoever came up with the idea that it's my fault you hurt yourself on my property should be shot and then hung.

The current gov. of Texas has made over 8 million dollars suing a homeowner whose property he was injured on. He was out for a jog and a branch fell on him. He's still collecting paychecks from the guy who did absolutely nothing wrong.

 

[James Daulton]

Appreciating all the responses! Where does one find bamboo?

Go to a nursery and you will find bamboo. If the stuff takes hold, you basically have to napalm the area to get rid of it.

srs

 

[tri-man 47]

Appreciating all the responses! Where does one find bamboo?

Pier One. I think everything there is made of bamboo.

 

[El Floppo]

Appreciating all the responses! Where does one find bamboo?

Pier One. I think everything there is made of bamboo.

buy him an outdoor patio set and wala- problem solved.

 

[El Floppo]

Whoever came up with the idea that it's my fault you hurt yourself on my property should be shot and then hung.

I get it if you make your yard unreasonably unsafe.

But an icy sidewalk?

I also realize and to a point agree when developments make people responsible for clearing their sidewalks, but a small fine would be the sensible thing to do. The ability to sue for ice on the sidewalk and being dumb enough to fall on it is.......................why we can't have nice things.

I know cities are different- but I wish bad things on the people who don't de-ice their sidewalks here in NYC. every building is responsible for the sidewalk in front of their address- broken concrete, ice, whatever. I already pay enough taxes here (there's a somewhat hefty city tax on top of state and federal) and don't want to have to pay more so the city is forced to do this. they are already not taking care of enough ####.

 

[ghostguy123]

Whoever came up with the idea that it's my fault you hurt yourself on my property should be shot and then hung.

I get it if you make your yard unreasonably unsafe.

But an icy sidewalk?

I also realize and to a point agree when developments make people responsible for clearing their sidewalks, but a small fine would be the sensible thing to do. The ability to sue for ice on the sidewalk and being dumb enough to fall on it is.......................why we can't have nice things.

I know cities are different- but I wish bad things on the people who don't de-ice their sidewalks here in NYC. every building is responsible for the sidewalk in front of their address- broken concrete, ice, whatever. I already pay enough taxes here (there's a somewhat hefty city tax on top of state and federal) and don't want to have to pay more so the city is forced to do this. they are already not taking care of enough ####.

So people should sit outside and throw salt down every 5 minutes?? The weather is total crap up north sometimes, and people get busy sometimes. It happens.

Seems like one of the more unreasonable things ever to be out of town for a day or two during a period of some bad weather, have someone slip and fall, and come home to a lawsuit.

Hell you can go to work with the sidewalk looking perfect and come home 8 hours later to an iceskating rink out front of your place. You leave for work at 8am with a nice sidewalk, someone falls at 1pm, and you get sued?

You can be ticked at those people all you want, but to sue them is ridiculous. It's even more ridiculous that you even CAN sue them.

I can't wait to see the first person sue a church and WIN because of some sort of act of god.

 

[El Floppo]

I know what you're saying, and I certainly never used the word "sue" or would even consider it.

But I don't really see ice as an act of god. You know it's going to be cold/snowy- clear your sidewalk and put salt down. That doesn't mean I have an expectation of somebody keeping their sidewalk spotless all day, but it's pretty clear who makes the legally required effort and who doesn't- I don't wish good things for those people who don't.

and maybe this is a bigger deal for us city folk because our sidewalks are like your streets- it's how most of us get around. imagine if your streets weren't cleared.

 

[culdeus]

I had no idea there was an expectation to keep a sidewalk clear, anywhere.

On the rare ice day in Dallas I would never even dream of going out and clearing my sidewalk. People have more common sense to not use unpassable walkways and roadways here I guess.

 

[El Floppo]

I had no idea there was an expectation to keep a sidewalk clear, anywhere.

On the rare ice day in Dallas I would never even dream of going out and clearing my sidewalk. People have more common sense to not use unpassable walkways and roadways here I guess.

forcing the hundreds/thousands of people who will cross your sidewalk every day in NYC to not use it... just not an option here. not a question of common sense- but societal decency. again- HERE.

 

[[icon]]

Did he have proof he slipped on your sidewalk? If not, wtf would your insurance pay.

Frequently insurance companies will settle for some moderate amount to make things go away and to avoid the hassle of going to trial. Short term it's easier and often more cost effective. Long term, it can create problems, as more folks with less of a case will target insurance companies with crap like this.

 

[[icon]]

I had no idea there was an expectation to keep a sidewalk clear, anywhere.

On the rare ice day in Dallas I would never even dream of going out and clearing my sidewalk. People have more common sense to not use unpassable walkways and roadways here I guess.

forcing the hundreds/thousands of people who will cross your sidewalk every day in NYC to not use it... just not an option here. not a question of common sense- but societal decency. again- HERE.

No way the city could stay on top of this as well. It's a moderately inconvenient but reasonable expectation associated with residing in most cities.

 

[Bucky86]

What if you go out of town for 12 days and you couldn't see in the forecast that on the 11th day it was going to snow?

 

[Ditka Butkus]

Whoever came up with the idea that it's my fault you hurt yourself on my property should be shot and then hung.

I get it if you make your yard unreasonably unsafe.

But an icy sidewalk?

I also realize and to a point agree when developments make people responsible for clearing their sidewalks, but a small fine would be the sensible thing to do. The ability to sue for ice on the sidewalk and being dumb enough to fall on it is.......................why we can't have nice things.

I know cities are different- but I wish bad things on the people who don't de-ice their sidewalks here in NYC. every building is responsible for the sidewalk in front of their address- broken concrete, ice, whatever. I already pay enough taxes here (there's a somewhat hefty city tax on top of state and federal) and don't want to have to pay more so the city is forced to do this. they are already not taking care of enough ####.

So people should sit outside and throw salt down every 5 minutes?? The weather is total crap up north sometimes, and people get busy sometimes. It happens.

Seems like one of the more unreasonable things ever to be out of town for a day or two during a period of some bad weather, have someone slip and fall, and come home to a lawsuit.

Hell you can go to work with the sidewalk looking perfect and come home 8 hours later to an iceskating rink out front of your place. You leave for work at 8am with a nice sidewalk, someone falls at 1pm, and you get sued?

You can be ticked at those people all you want, but to sue them is ridiculous. It's even more ridiculous that you even CAN sue them.

I can't wait to see the first person sue a church and WIN because of some sort of act of god.

Yeah do you cold weather folks keep a stockpile of salt in your yard to take care of the icy sidewalks.

 

[culdeus]

So are there services you can pay to come clear your stuff off? I mean who has time for that? I wouldn't even know how to remove the stuff.

This is amazing to me. I had no idea there were parts of the country where the ###### was on you to keep your property clear so people can walk on it.

What about old people? What about people that go on vacation? What about night shift workers? Truck drivers? Handicapped people? The list goes on and on, where does the liability start and personal responsibility and common sense start?

 

[belljr]

Thought it was common practice that you are responsible for your own sidewalk

 

[msommer]

where does the...... common sense start?

Apparently not in Dallas

 

[Ditka Butkus]

So did this guy sue the city too?

 

[El Floppo]

So did this guy sue the city too?

is the city required to keep the sidewalk clean?

 

[Snotbubbles]

Whoever came up with the idea that it's my fault you hurt yourself on my property should be shot and then hung.

I get it if you make your yard unreasonably unsafe.

But an icy sidewalk?

I also realize and to a point agree when developments make people responsible for clearing their sidewalks, but a small fine would be the sensible thing to do. The ability to sue for ice on the sidewalk and being dumb enough to fall on it is.......................why we can't have nice things.

I know cities are different- but I wish bad things on the people who don't de-ice their sidewalks here in NYC. every building is responsible for the sidewalk in front of their address- broken concrete, ice, whatever. I already pay enough taxes here (there's a somewhat hefty city tax on top of state and federal) and don't want to have to pay more so the city is forced to do this. they are already not taking care of enough ####.

So people should sit outside and throw salt down every 5 minutes?? The weather is total crap up north sometimes, and people get busy sometimes. It happens.

Seems like one of the more unreasonable things ever to be out of town for a day or two during a period of some bad weather, have someone slip and fall, and come home to a lawsuit.

Hell you can go to work with the sidewalk looking perfect and come home 8 hours later to an iceskating rink out front of your place. You leave for work at 8am with a nice sidewalk, someone falls at 1pm, and you get sued?

You can be ticked at those people all you want, but to sue them is ridiculous. It's even more ridiculous that you even CAN sue them.

I can't wait to see the first person sue a church and WIN because of some sort of act of god.

Yeah do you cold weather folks keep a stockpile of salt in your yard to take care of the icy sidewalks.

Yes. I have a large bag of salt in my basement. Usually lasts two or three winters.

 

[ghostguy123]

So did this guy sue the city too?

is the city required to keep the sidewalk clean?

Wouldnt they be required if nobody lived there?

 

[Ditka Butkus]

So did this guy sue the city too?

is the city required to keep the sidewalk clean?

I would assume they/city at the very least own the sidewalk. Lets put it this way. You come to my home which I rent. You get hurt in the yard which I'm responsible for maintaining. Who do you sue, me as the tenant, my landlord, or both?

 

[ghostguy123]

It's pretty clear. You should be responsible for doing your due diligence to clear your sidewalk. In some places I can see the city fine you if you don't. 20 here, 20 there.

But being sued over it??? When chances are there was nothing you could do about it anyway if the weather turns fast??? Dumb.

This guy could have sued during the tail end of an ice storm while you were at work. I dont care how much salt you put down ahead of time, there is no way around a slippery sidewalk.

If I had to choose between being responsible to the point of being sued, I would rather just pay some extra cash for taxes and make the city responsible. In the longrun you might just break even on it anyway.

 

[ghostguy123]

So did this guy sue the city too?

is the city required to keep the sidewalk clean?

I would assume they/city at the very least own the sidewalk. Lets put it this way. You come to my home which I rent. You get hurt in the yard which I'm responsible for maintaining. Who do you sue, me as the tenant, my landlord, or both?

Depends what the lease says

 

[MikeIke]

Yeah do you cold weather folks keep a stockpile of salt in your yard to take care of the icy sidewalks.

Sure do! Shovel driveway, sidewalk, and porch, then throw down salt all over the place. Repeat after each snowstorm.