Trip to the Court
By p1kef1sh
@p1kef1sh (45681)
February 25, 2010 4:38pm CST
You are walking along the pavement (sidewalk), not really concentrating on looking ahead and fail to see that the edge of one of the flagstones is raised. Of course you trip over it tearing your clothes, spraining your wrist and gashing your knee. Are you the type to stand up, brush yourself down and say "silly fool. I should watch where I am going". Or do you establish the ownership of the pavement (probably the city council) and hire a no win no fee lawyer to sue the pants off them?
6 people like this
21 responses
@mands61123 (2098)
•
25 Feb 10
You should rest after those spankings give yourself 5 minutes before you walk home silly p1shy!
I'd just brush myself off and make a sharpish yet hobbled exit.
I've had all sorts of things happen to me and i've never claimed unless i was seriously injured through neglect and a point needed to be made for them to fix it so it wouldn't happen to someone else I'm not overly arsed.
@mands61123 (2098)
•
25 Feb 10
i know i've noticed unfortunately we're getting to be a country of i'm all right jacks think i'm gonna emigrate where should i go?
2 people like this
@littleowl (7157)
•
25 Feb 10
Hi p1ke,
Knowing me I would just get up brush myself down and say i should look where I'm going-it wouldn't dawn on me to go to a solicitor and do something about it! And that has happened to me before-lol hugs LoLo
@Sandra1952 (6047)
• Spain
25 Feb 10
Hello, Pikey. I'd just dust myself off if it's my fault. I'm still responsible for my own actions - I'm not senile yet, even if there is money in it. That's the attitude here in Spain as well. If it's your fault, you should be more careful, shouldn't you?
Funnily enough, twenty years ago, my mother-in-law leaned forward to look down a hole in the road and fell and hurt herself. We thought she'd got off lightly, as she didn't break anything, but she hit her head, and within weeks, she'd gone from being slightly forgetful to dangerously demented, to the extent where she had to be sectioned.
Our family solicitor begged us to sue, because she had to spend the rest of her life in nursing care, and the doctors said the fall was directly responsible. My husband refused, as he said it was her own fault for going so near the hole in the first place.
2 people like this
@p1kef1sh (45681)
•
26 Feb 10
My daughter once cut her knee to the bone because she ran in the school toilets just after they had been cleaned. School had finished for the day but she needed to go so ran back in. She should have taken more care. Some said to me that I should have sued - but to this day I don't feel that it was the school's fault in any way.
1 person likes this
@nannacroc (4049)
•
26 Feb 10
The first applies to me, hat's why I've never got any money. I couldn't be bothered to go through the process for a minor injury.
1 person likes this
@gabs8513 (48686)
• United Kingdom
26 Feb 10
I am the first one because it was visible and I was ot watching where I was going so I am the Fool
I mean I am the one who walked into a Lamp post years ago because I was to busy looking behind me so if I trip over the Flagstone which is so obviously sticking out then that is my own Fault
1 person likes this
@cynicalandoutspoken (4725)
• United States
25 Feb 10
Hire the attorney of course. Wait, I would just have to come home crying to my husband and he could argue that the city is responsible for maintaining their walkways to keep pedestrians safe.
My mothers old boyfriend slipped on the ice in front of the bus station and got a pretty nice payout from the city but he ended up needing back surgery. Make sure you have doctors reports of your injuries or you won't get anywhere with a lawsuit.
2 people like this
@AnnieOakley1 (5596)
• Canada
25 Feb 10
I do this all the time in the barn and I just pick myself up, tell myself to slow down and not to be in such a hurry, brush off and walk on to my next task.
Yes, people are too litigious these days, always looking for someone to blame.
I recall a month ago, at my husband's birthday party. It was quite a do. We all went bowling, rented 4 lanes, and then came back to our place to party on...
Well, 5 drunken overnight guests later, morning came. And one of the girls wanted a new kitten, so out to the barn we went, trodding through the snow and across slick ice. She picked one out, tucked it in her coat, and ushered her hungover boyfriend outside. He was very hungover and not too stable on his feet. No sooner did he step outside the barn..WHOOOOSH! Down he went! He immediately asked me why I hadn't done something about the ice. WTF? (Here I am now worrying about liability for his girlfriend asking to go to my barn and get a kitty and him being still drunk or hungover or both). As if I am expected to de-ice my entire yard on my farm. I guess I should put up signs, saying "use at own risk". Geesh!
@AnnieOakley1 (5596)
• Canada
25 Feb 10
Well that makes no sense. If you made the effort to improve the conditions, you are at fault, but if you made no effort you are not at fault. Weird.
So, I guess I am okay then with my overnight guest. He says he had a sprained ankle for a week. And had the nerve to complain again the next time he called a few days later. I told him it was his own fault for being so drunk, not mine. You see, he wasn't feeling well, but his girlfriend is the one who dragged him outside whilst she picked out a kitten.
Besides, this is private property and I don't have a public store or anything here, just a farm. I can't be expected to clean up every mess that mother nature dishes out, now can I?
1 person likes this
@tamarafireheart (15384)
•
25 Feb 10
Hi p1key,
I bet you were watching the same documentary as I was, yes, I would take the council to the court but it is tricky with the council and most cases the public don't win, but I would give a good try, after all we do pay our council tax for them to maintane these dangerous flagstones. Hugs.
Tamara
xxxx
2 people like this
@greeneyedlady (1439)
• Netherlands
26 Feb 10
Well P1key, being a born and raised American it is definitely in my culture and upbringing that I would sue the pants off of the "owner" of such pavement because of their negligence to keep the Public sidewalk, (pavement), in good "working" order and that is Their responsibility to keep it in good repair & keep Me, the public, safe, not mine, since we Americans are known to be the sue Kings and Queens of the World!!
BUT! I don't quite fit the "average" American mold as I am sure that you know! So No! I most probably would not sue for the damages because I feel that I also have a responsibility to take care of myself also and minimalism the risk of hurting myself, clothing etc. It really would depend on the individual case in the end. If it were a very bad spot and the owner had been warned time and time again to repair it because people were hurting themselves over it a lot then I just might sue just to teach them that they do indeed have a responsibility also...but then again, If, they had been warned time and time again then I also would know the problem that exists and if I Still tripped over it then I would be very irresponsible also!!
So in answer to your question, to make a long story short, too late I know, I Don't Know!! LOL
@greeneyedlady (1439)
• Netherlands
2 Apr 10
Oh Good P1key! I am so happy that it makes Any kind of sense to Someone besides myself!! XXXX
@lilyspad1 (4)
• United States
26 Feb 10
of course the simple answer to many is to blame your injury on the circumstances physically when you fell. It seems like an "easy buck" in compensation for a fall that was obviouisly the pavements fault. The reality of the matter is, however, that when we choose to blame others for our accidents and mistakes, it only leads to inner turmoil because of our superiority complex. Our mistakes and no less detrimental than those of others. We fail to see how our own thoughts, distractions, and actions shape the course of our life. Say you do fall, sue, win, and are temporarily "satisfied." Whan happens when you are distracted and slip in a friendship or relationship. There is nobody else to blame but yourself, and this would be very comfusing for someone who is constantly blaming their problems on other people. Blame is not ever the answer. Honest evaluation of the situation at hand most certaintly is.
@danishcanadian (28955)
• Canada
26 Feb 10
I would be able to get away with suing them, since I am almost blind and physically challenged (my white cane also serves as a support cane) so I could say that the city is not friendly to people with disabilities. Yes I would be taking advantage of my status were I to sue them, but in the long run, I'd be making the city safer for everyone, disabled or not disabled. Also, I would be able to take the money I would win, and put save it up to contribute to the ecconomy, buying locally, from businesses owned by residents of the city. My suing them would help everyone! :)
1 person likes this
@dragon54u (31634)
• United States
26 Feb 10
I would chide myself for my clumsiness and go about my business. But I would find out who was responsible for the sidewalk and warn them that they are in danger of some other fool suing them.
@Hatley (163776)
• Garden Grove, California
26 Feb 10
oh pikey it was not that easy for me, I tried to get to my feet after tripping over my own foot on a greasy sidewalk beside the caft where
I was intending to eat breakfast. well never got that breakfast. I tried to get to my feet via the putting your hands down and pushing yourself up on your feet. But my left arm would not work, it just dangled. something had severed something. oh the pain wow in my left shoulder.Now really the cafe had a horrible habit of mopping the kitchen floors and floodint them with water, then just letting the water drain down the sidewalk where people had to walk. I smashed my shoulder badly, had to have an artifical shoulder joint put in, and for the rest of my life I cannot lift my left arm up to comb my hair or reach tall shelves or do the things we always do. My son said I should sue the c afe, but the sidewalk actually belonged to Larwin Square, the mall. any way my health insurance paid all of the 86, 000 dollars this mess cost so I decided no let it alone. but we did talk with the city dads and they made sure that the cafe did not sweep greasy water onto the sidewalk where patrons had to walk.
@Opal26 (17679)
• United States
26 Feb 10
Hey p1key! I think it would really depend on the extent of
my injuries! If it was just basically my pride then I would
just brush myself off and forget about it! It costs so much
money to retain a lawyer and takes forever to get the papers
and suing a city could take years it pretty much wouldn't be
worth it! I would only sue if I had broken a body part!lol
1 person likes this
@catdla1 (6005)
• United States
26 Feb 10
The trouble with no-win no-pay lawyers is that unless you are permanently disabled due to the fall, or better yet, deceased (in their opinion) - they are unlikely to give you the time of day. You are much more likely to receive compensation if you call the media to broadcast your troubles. Especially when they start getting responses of others who have suffered the same way. Get enough together and a class action suit would get more attention. Of course in those the lawyers are generally the only ones to make anything.
I'd probably stand up, brush off and continue on my way thinking that I was ahead of the game. And hope not to see my fall broadcast on YouTube
1 person likes this