Author Topic: Might be getting sued by by a sleazy slip n fall lawyer  (Read 4206 times)

Offline churnbabychurn

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Might be getting sued by by a sleazy slip n fall lawyer
« on: February 16, 2013, 09:24:22 PM »
Someone slipped and broke a knee on a slight crack on a sidewalk, the crack is approx raised a half an inch.
Homeowner has a good full liability insurance. What affect could this have on the homeowner?


Offline plainbachur

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #1 on: February 16, 2013, 09:26:04 PM »
Someone slipped and broke a knee on a slight crack on a sidewalk, the crack is approx raised a half an inch.
Homeowner has a good full liability insurance. What affect could this have on the homeowner?
speak to your lawyer/insurance agent

Offline churnbabychurn

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #2 on: February 16, 2013, 09:27:34 PM »
Can you recommend a lawyer? Do I really need to hire one? Hate em all!
Will insurance premiums shoot up?

Offline elizmm

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #3 on: February 16, 2013, 10:16:36 PM »
Someone slipped and broke a knee on a slight crack on a sidewalk, the crack is approx raised a half an inch.
Homeowner has a good full liability insurance. What affect could this have on the homeowner?


Many times a simple apology to the one who fell can smooth things over. your premium will most probably go up especially that there was a crack in the cement. Ice and snow in some areas are considered acts of g-d and not sue-able, but this according to adjuster will most probably be considered negligence
It is all from Hashem and he will continue to give!

Offline churnbabychurn

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #4 on: February 16, 2013, 10:30:25 PM »
Many times a simple apology to the one who fell can smooth things over. your premium will most probably go up especially that there was a crack in the cement. Ice and snow in some areas are considered acts of g-d and not sue-able, but this according to adjuster will most probably be considered negligence
we apologized profusely and promised to fix etc, might need to haul him in to BD etc...

Offline ybeeds

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #5 on: February 16, 2013, 10:35:03 PM »
Is the crack due to a tree?
My office buzzes to the JewishMusicStream!!!

Offline elizmm

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #6 on: February 16, 2013, 10:36:52 PM »
we apologized profusely and promised to fix etc, might need to haul him in to BD etc...
If he had any real damages you would benefit by him just suing you and paying a slightly higher premium. According to halacha you would also be liable and I am unsure if insurance will cover a beis din psak.
It is all from Hashem and he will continue to give!

Offline churnbabychurn

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #7 on: February 16, 2013, 10:39:33 PM »
If he had any real damages you would benefit by him just suing you and paying a slightly higher premium. According to halacha you would also be liable and I am unsure if insurance will cover a beis din psak.
You sure about this?

Offline churnbabychurn

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #8 on: February 16, 2013, 10:43:27 PM »
Is the crack due to a tree?
no, its a new sidewalk, possibly cracked by a construction vehicle, the plaintiff thinks that he is suing the truck company, he doesnt realize that its gonna hit the homeowner and possibly the jewish contractor also, truckers not gonna take it lying down...

Offline elizmm

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #9 on: February 16, 2013, 10:51:26 PM »
You sure about this?
Have smicha but not a practicing rabbi, but preaty sure about this. It is also a basic bor bereshus harabim type of sitch - but not sure if this is the same..

Won't hurt to just call a rov, perhaps rabbi chaiken, rov of ctown so by extension rov of ddf :)
It is all from Hashem and he will continue to give!

Offline elikay

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #10 on: February 16, 2013, 10:53:34 PM »
CMIIW but there is a Halacha שור ולא אדם חמור ולא כלים

Offline eliteflyer

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #11 on: February 16, 2013, 10:59:12 PM »
You may want to determine whether the city owns the sidewalk or is responsible for its structural maintenance. 

Offline churnbabychurn

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #12 on: February 16, 2013, 11:02:18 PM »
You may want to determine whether the city owns the sidewalk or is responsible for its structural maintenance.
In lakewood NJ homeowner is fully responsible for sidewalk maintenance

Offline yitzf

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #13 on: February 17, 2013, 01:12:50 AM »
CMIIW but there is a Halacha שור ולא אדם חמור ולא כלים

Only if the person dies. That don't apply to damages.

Offline henche

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #14 on: February 17, 2013, 01:25:32 AM »
I think there is another halachic problem that he was not injured on the bor; he was injured on the sidewalk near the bor. I think bor is only chayav when you hit yourself on the actual bor.

I assume what happens is that the insurance has their own lawyers. Then, if it's an open shut case, they pay (or don't pay if its open shut pattur), and if it's questionable, they settle. Because nobody wants to be telling a jury how negligent it is to have a sidewalk crack.

Offline joe

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #15 on: February 17, 2013, 12:53:52 PM »
1. Your insurance company will pay for the lawyer, they will send it to one of theirs.

2. If the person really had damage/injuries,  why not let the person get some money from the insurance company. That's the reason you have insurance in the first place.

Offline churnbabychurn

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #16 on: February 17, 2013, 02:35:43 PM »
I have no problem with someone making money from insurance companies but if I will now have to pay thousands extra in premiums is a whole other story.

Offline churnbabychurn

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #17 on: February 17, 2013, 02:37:34 PM »
I think there is another halachic problem that he was not injured on the bor; he was injured on the sidewalk near the bor. I think bor is only chayav when you hit yourself on the actual bor.
You are right about this, although this may only be true if the adjacent land was reshus harabim. In this case the sidewalk is not necessarily reshus harabim...

Offline henche

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #18 on: February 17, 2013, 02:43:38 PM »
You are right about this, although this may only be true if the adjacent land was reshus harabim. In this case the sidewalk is not necessarily reshus harabim...

Fair. I don't actually remember anything since I'm not a yeshiva guy no more. Just random bits and pieces.

Offline Bh101

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Re: Might be getting sued by by a sleazy slip n fall lawyer
« Reply #19 on: February 17, 2013, 07:22:48 PM »
I have no problem with someone making money from insurance companies but if I will now have to pay thousands extra in premiums is a whole other story.
wow its been awhile!
i dont believe that an insurance company will pay out from the psak of a BD the guy will prob have to bring it to court