Legal advice….fell on private sidewalk

2 weeks ago I slipped on an icy sidewalk at a place of business. (the sidewalk ran beside/next to the store) I knew I messed up something in my knee right away. I had severe pain and a burning sensation. There was NO SALT on the walk (on this side of the store) at all. I noticed a large amount of salt in the front of the store with no ice present. Seems they forgot to throw salt on the side of the store???

I ended up talking to the manager of the store and together we filled out an accident report. That night the pain in my knee was some of the worst pain I have ever felt. So, the next day I went to the DR. and gave them a copy of the accident report and told them what had happend.

Now, after 2 DR. appointments the Liability Insurance company has just contacted my clinic to inform them that they might not be liable and they will need to investigate.

I had an MRI scheduled for tomorrow that I just canceled. My clinc’s concern is that if the Liability Insurance of the store won’t cover me…..there is also a chance that my OWN health insurance won’t cover me b/c of some strange reason (they are aware of the fall I had) and then I’d be stuck w/ a $3,000.00 bill for the MRI and Dr. appointments.

I’m asking if you feel or actually KNOW FOR SURE if the store is liable and if I should hire a Lawyer. My Dr. thinks it could be a partial tear of a ligament but he’s not sure w/o an MRI.

Advice please. Thanks!

If you have health insurance and your knee is messed up, I would go to the doctor and have whatever tests they say are necessary regardless if the store is liable. You may get stuck with deductables and/or copays, but it would suck living with a bum wheel. Good luck.

You have INS. If they cover you for downhill skiing when you screw up your knee. Why wouldn’t they cover it if you are walking along and fall?

Get the MRI if your doctor recommends it. Let the INS companies figure it out.

I don’t see why your insurance won’t cover it. They might even go after the insurance of the business.

Your insurance will cover it. Otherwise you are paying for nothing. I would not think the business would be immediatly liable but if your insurance company goes after them it should not involve you.

How exactly would they not be responsible if you slipped on their property?

I think what we have here is one insurance company trying to force your insurance company into working out a deal where they are not 100% on the hook.

back in the day worked for a large retain chain, we were kind of coached what to do and what to not do. There was one slip and fall accident I remember where the store was getting sued, the insurance company just stalled and stalled and stalled some more in the hopes the suit would be dropped, this case was not as clear cut as yours sounds, but I would look into an attorney to fire up a letter to the insurance company (the stores) and maybe get them to co-operate at little nicer.

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How exactly would they not be responsible if you slipped on their property?

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If you were loaded…. I’m just saying…..

big G

Way down here in Illinois we ‘own and pay taxes to middle of street’ pretty certain if you crash out in front I ain’t liable. The sidewalks are put in by the city.

Chance you both have the same insurance company. I’ve heard of this before. They know they have to pay one way or the other so they just delay hoping you will drop it. JMHO.

if ur insurance co sees the accident report they may try to deny coverage. you should talk to a lawyer, most will consult you and tell you if you have a case. if you find that u dont have a case, destroy the accident report and hope for the best.

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How exactly would they not be responsible if you slipped on their property?

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If you were loaded…. I’m just saying…..

big G

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Even then how could they not be responsible?

At what point are you responsible for your actions ??? I believe, if you are drunk, through no fault of a business owner and fall on your azz on a sidewalk, ice or no, you should be held liable for your choices. What if you were just walking by and leaving the bar, with no intention of even going into the store…. if you wipe out, should the store owner be responsible for that ? I could be wrong, if I am, then I guess it is worse than I thought & nobody takes any personal responsibility anymore…

big G

Did you not notice that it is winter? Should all businesses close there doors at the slightest hint of snow to limit risk of lawsuits? You were on the side of the building is that a normal place for pedestrian traffic at this business? Did you not think that ice was slippery?

yes retorical questions are rampant.

Wanna guess why overhead expenses for businesses is going throught the roof?

You have health insurance they’ll cover it.

KH

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Did you not notice that it is winter? Should all businesses close there doors at the slightest hint of snow to limit risk of lawsuits? You were on the side of the building is that a normal place for pedestrian traffic at this business? Did you not think that ice was slippery?

yes retorical questions are rampant.

Wanna guess why overhead expenses for businesses is going throught the roof?

You have health insurance they’ll cover it.

KH

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Yes, well aware that it’s winter time…..what is your point?

I’m not looking for a lawsuit, nor did I suggest one!

Assuming the same sidewalk that runs NEXT to the store (the side I parked on) that has 4 stalls for parking of automobiles in front of it (by the way) that CONNECTS at a 90* angle (basically the same sidewalk) to the walk that is in front of the store…..yes, I do believe w/ the parking stalls and the simple fact there is a sidewalk seems simple enough to me that pedestrian traffic is to be expected!

Ummmm….IF I had noticed the ice…..yes, I’m sure I would have expected it to be slippery!

Calm down! I’m not taking this place to court to own part of the business. They have insurance…..it’s called liability insurance…..if you are a home owner, you have it too. If someone gets hurt on your property, you’d have it covered. Same for them. I’m looking out for myself! If the worker cared enough to salt the front walk-way but was too lazy to salt the same sidewalk on the side of the building……yes, they can use their insurance to pay for my torn up knee!

Next time I ask for advice, bug off! If I ever ask for an opinion, by all means, jump in and sound off!

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At what point are you responsible for your actions ??? I believe, if you are drunk, through no fault of a business owner and fall on your azz on a sidewalk, ice or no, you should be held liable for your choices. What if you were just walking by and leaving the bar, with no intention of even going into the store…. if you wipe out, should the store owner be responsible for that ? I could be wrong, if I am, then I guess it is worse than I thought & nobody takes any personal responsibility anymore…

big G

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Well if you are imagining a guy obliterated walking along the sidewalk, that is a little different.

How about if a guy is at .08, would they be irresponsible and not have a case if the store left a sheet of ice on the side of the building you could skate on?

And he’s not even talking about suing. He just wants his bills covered which I think they should be by the store.

mplspug, you scare the bajezus out of me! If its winter I expect the sidewalks to be slippery, if I order a coffee, I expect it to be hot, maybe even hot enough to burn me if I spill.
What happens if your hunting on someones land and trip over a log and break your leg? Is the landowner liable?
In this country the courts would probably say they are, and that scares the hell out of me!
Do you think I’m going to invite someone with that mindset to hunt on my land, or go fishing with me? no!

I didn’t say there was anything wrong with what is going on ??? I just think it is ridiculous, that anybody else would be responsible for my actions, if I was a little drunk or alot drunk and fell down, on there property, ice or not. You asked when the owner would not be responsible and like I said, if you wouldn’t be responsible at that point, I have lost faith in mankind…again… Don’t read any further into it than that….

big G

Big G, you can hunt, fish or walk on my sidewalk anytime. There is hope!

sounds to me like the lady who sued mcdonalds for getting burned when she spilled her hot coffee on herself. everyone is so sue happy nowadays. i fell, im suing. that is why landowners dont let people hunt on there property anymore. there scared of being sued for some guy falling out of his treestand. what would you do if you slipped and fell on a frozen lake, sue the town or county that lake is in, the DNR?? this is the north and it gets slippery in the winter. if the sign falls off the building and hits you yes, they are responsible but if you slip and fall during a WI/MN winter on a patch of slippery snow or ice its your own fault, the manager didnt come out and push you down, shoulda watched your step. there isnt going to be a magical salt ferry walking ten steps in front of you everywhere you go to make sure your path is clear. people need to take more personal responsability nowadays, always quick to put the blame on someone else.

TJ91

Don’t let some of the posts get to you.

As far as what to do… do what’s right for the ailing knee and let the insurance companies figure it out later. I feel very confident in saying you’ll be covered by one or the other. I’d hate to hear about how your knee ended up even more messed up because you delayed tests suggested by your doctor to give the insurance companies an opportunity to “man up” and assume responsibility.

yeah, thanks! It will all work out in the end. Not sure where the being drunk part is coming from?? This was at 1pm……I hope you know I was 110% sober!!

I wasn’t paying attention/didn’t notice ice on the walk. I went down very quickly…..tried to get up very fast so nobody could see me and maybe laugh. But I knew right away the knee wasn’t right.

We’ve got a very good family friend that is a retired attorny. Spoke w/ him last night….and the best advice he gave me is if their insurance company contacts me during their investigation wanting a statement from me…….DON’T give them one w/o a lawyer present. That is good to know. Otherwise there are 3 ways to let it play out….and that is what I’ll do. Again, I’m not suing anyone! I just wanted to make sure medical was lined up…..and right now it sounds like it isn’t.

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How exactly would they not be responsible if you slipped on their property?

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If you were loaded…. I’m just saying…..

big G

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Even then how could they not be responsible?

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mplspug, asked in what scenario, I did not think it would be somebody elses responsibility, for my falling down on their property… nowhere did I insinuate you were drunk..??? Like James said, go to the doctor, get the MRI. The liability will fall where it lays, either with your ins. or theirs Now if your looking for future issues that may arise out of your injury, or lost time at work (if you do not have short term dis) call a lawyer.

I am no attorney and my rhetoric is not meant to construe or base any decisions on….

big G

Under Obamacare, there will be no doubt who will pay for this.

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Did you not notice that it is winter? Should all businesses close there doors at the slightest hint of snow to limit risk of lawsuits? You were on the side of the building is that a normal place for pedestrian traffic at this business? Did you not think that ice was slippery?

yes retorical questions are rampant.

Wanna guess why overhead expenses for businesses is going throught the roof?

You have health insurance they’ll cover it.

KH

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Yes, well aware that it’s winter time…..what is your point?

I’m not looking for a lawsuit, nor did I suggest one!

Assuming the same sidewalk that runs NEXT to the store (the side I parked on) that has 4 stalls for parking of automobiles in front of it (by the way) that CONNECTS at a 90* angle (basically the same sidewalk) to the walk that is in front of the store…..yes, I do believe w/ the parking stalls and the simple fact there is a sidewalk seems simple enough to me that pedestrian traffic is to be expected!

Ummmm….IF I had noticed the ice…..yes, I’m sure I would have expected it to be slippery!

Calm down! I’m not taking this place to court to own part of the business. They have insurance…..it’s called liability insurance…..if you are a home owner, you have it too. If someone gets hurt on your property, you’d have it covered. Same for them. I’m looking out for myself! If the worker cared enough to salt the front walk-way but was too lazy to salt the same sidewalk on the side of the building……yes, they can use their insurance to pay for my torn up knee!

Next time I ask for advice, bug off! If I ever ask for an opinion, by all means, jump in and sound off!

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Sorry didn’t mean to sound like a prick about it, but you didn’t have very much info. on the scenario. I dont like lawyers, I’ll leave it at that.

For the record, I pay business liabilty insurance and homeowners insurance. I still think it is best avenue to use your own insurance. Much less pain in the butt for you and the business owner.

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Under Obamacare, there will be no doubt who will pay for this.

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I am going to assume you know, you are paying for it no matter what…. you have a job correct ? You have Insurance… correct ? The ones who won’t pay are the ones without a job or Ins….. gov’t ins or otherwise…..

big G

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For the record, I pay business liabilty insurance and homeowners insurance. I still think it is best avenue to use your own insurance. Much less pain in the butt for you and the business owner.

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I’m pretty sure it’s not up to him which insurance to use…but I could be wrong here.

Based on my past experiences in breaking an ankle near a friend of mines property (in the road just down from their driveway), my insurance was going to go after the friends homeowners insurance. It wasn’t until I told them that I was in the road (public) when it happened that they ended up covering it for me and not going after the homeowner.

Go get your knee taken care of. Turn it into your health insurance. Let them fight it out with the business insurance if they want to pursue it.

Sorry to have thrown the original point of the thread off track. I wasn’t going to post in the first place because he said, “I’m asking if you feel or actually KNOW FOR SURE if the store is liable and if I should hire a Lawyer.”

Then because I am reading and responding in between crap at work, I completely forget my intent on previous post to which I read a reply to and then take the reply in the wrong tone, on and on and on. I ended up coming off as Mr. Suehappy, and trust me, that is not me at all.

Anyway, I would like to apologize to the original poster, I hope despite me muddying up the thread, you found the answers you needed and everything worked out.

eeeeesh, I am going out to salt my sidewalks.