• Help, my mom is being sued
    233 replies, posted
Hey so like my mom is being sued because someone slipped on our sidewalk 2 years ago. Basically 2 years ago a guy slipped on our sidewalk when it was *aparenty* icy or slippery and he broke his wrist from my understanding. Now he's suing us for 1 million dollars, 50k and his wife is suing another 50k. My mom already talked to the insurance company and they said they would handle it. Yet the same guy (and his wife or vice versa) is opening another law suit against us. [B]What can we do?[/B] But yeah we just got a copy that says "To the defendants. A legal proceeding has been commenced against you." and it goes on to say that "If you wish to defend this proceeding, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A perscribed by the rules of civl proceedure, serve it on plaintiff[s] lawyer[s] (<--what the hell is a plaintiff) blah blah blah, within twenty days." ((yes we are Canadian)) The dude is suing my mom for 1 million dollars in damages and 100 thousand dollars in special damages. And his wife is suing 100 thousand dollars because of 'Family Law act RSO 1990 c. F. 3" and special damages in 50 thousand dollars. Oh and I should also add that only the guy fell on our side walk and he broke his wrist apparently. Which is completely retarded for suing someone 1 million dollars for a broken wrist. -After some searching it appears that 'Family Law act RSO 1990 c. F. 3' means this: [quote][B][URL="http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f03_f.htm#s3s1"]3.[/URL][/B][URL="http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f03_f.htm#s3s1"] (1)[/URL] In an application under this Act, the court may, on motion, appoint a person whom the parties have selected to mediate any matter that the court specifies. R.S.O. 1990, c. F.3, s. 3 (1).[/quote]Source: [URL]http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90f03_e.htm#BK3[/URL] I should also add that my mom makes about 20k (Canadian) a year and a single parent which makes this even more retarded. If anyone has some information that helps; it would be much appreciated. [I]Besides getting a good lawyer. [/I][B]Edit[/B] Why the hell did you guys rate this funny.
Was it snowing and or icy? Or raining?
I can't see Facepunch being of much use here, get a lawyer as soon as possible.
Yes, because all of facepunch has a law degree. Also, saying that about arabs isn't helping your case.
[QUOTE=nerdygamer;21785278]Was it snowing and or icy? Or raining?[/QUOTE] It was icy I guess.
Counter sue him for something, this is how it works.
Hitman?
[QUOTE=lemon_lover;21785292]Yes, because all of facepunch has a law degree. Also, saying that about arabs isn't helping your case.[/QUOTE] Hey its probably a bad place to look for help but its a start.
Holy shit one million for falling and breaking a wrist?
I doubt it will go far or if they will actually see any money out of it. Besides, aren't sidewalks property of the county/city/etc? If someone slips on a sidewalk and tries to sue, they are out of luck. Its a frivolous case dude. They are not going to win.
[QUOTE=CharadesV2;21785302]Counter sue him for something, this is how it works.[/QUOTE] Please elaborate because its a good way to get back at these guys :<
Can you give us the names of the people who are suing you, and the name of the city you live in?
[QUOTE=CaptainSnake;21785299]It was icy I guess.[/QUOTE] Then your screwed. Here in the US (I don't know if it is the same over there) they pretty much say it is your responsibility to maintain your sidewalk and stuff. So if they fall and get injured then your pretty much screwed.
Cause he fell on your sidewalk? You aren't required to take care of your sidewalk.
[QUOTE=Datsun;21785328]I doubt it will go far or if they will actually see any money out of it. Besides, aren't sidewalks property of the county/city/etc? If someone slips on a sidewalk and tries to sue, they are out of luck. Its a frivolous case dude. They are not going to win.[/QUOTE] Nope it is your property.
Someone is suing your mom because they slipped on your sidewalk...TWO YEARS AGO? What the fuck?
[QUOTE=nerdygamer;21785337]Then your screwed. Here in the US (I don't know if it is the same over there) they pretty much say it is your responsibility to maintain your sidewalk and stuff. So if they fall and get injured then your pretty much screwed.[/QUOTE] That's fucking dumb.
[QUOTE=Datsun;21785328]I doubt it will go far or if they will actually see any money out of it. Besides, aren't sidewalks property of the county/city/etc? If someone slips on a sidewalk and tries to sue, they are out of luck. Its a frivolous case dude. They are not going to win.[/QUOTE] This. Sidewalks are [B]typically[/B] city property.
[QUOTE=Datsun;21785328]I doubt it will go far or if they will actually see any money out of it. Besides, aren't sidewalks property of the county/city/etc? If someone slips on a sidewalk and tries to sue, they are out of luck. Its a frivolous case dude. They are not going to win.[/QUOTE] Gee I sure hope so. But we're supposed to maintain it. [QUOTE=Wonky;21785312]Holy shit one million for falling and breaking a wrist?[/QUOTE] Yeah its retarded.
Getting a lawyer would be a good start. But seriously, if this was 2 years ago, that is a long fucking time to wait for a lawsuit, and it will not hold up in court. There is no evidence that it was your fault at all and they are trying to play the system for some quick cash.
Countersue the fucker and get enough money back to cover the expenses you paid to go to court to fight and some extra =]
One Million? that's just being greedy.
Go to this guy's house and break your wrist on his sidewalk and then sue him back.
[QUOTE=andersonmat;21785368]This. Sidewalks are [B]typically[/B] city property.[/QUOTE] Maybe but your are responsible to maintain them.
Well they'll never get the money because it has to go through a judge and no judge in their right mind would charge you 1 million dollars for that. Is there any part of the story you aren't telling us? The real pain is that if you get a lawyer and you don't lost any money you still have to pay the lawyer fees which is a pain. They're pretty stupid for doing this because it puts on there record that basically in simple terms they are sue happy. Good luck. Also... poop on their lawn.
People are such entitled pricks. In cities in the US it's your responsibility to shovel your walk. I hope you win OP.
There is not enough proof, for fucking 1 million dollars.
Post their name and addresses on /b/. Wait for the death threads to start coming in and move out of the country before you get in trouble for disclosing their information. Seriously, it's greedy, uncaring fucks like those who ruin our modern day democracy. Hummmm, for real advise? I'd see if you could get a government lawyer or something. You shouldn't have pay a dime for shit like this.
Did some research. As it turns out, Massachusetts actually has a precedent for this type of situation. Turns out the home owner practically always wins. [quote]I know it sounds picky, but a homeowner can certainly be sued in that situation. Your neighbor is asserting that, in such a suit, the owner would prevail. And, in most cases, he is correct. Massachusetts courts have held that a natural accumulation of ice or snow does not create liability for the homeowner if someone slips on the ice. In one case, Sullivan v. Town of Brookline (416 Mass. 825), the Supreme Judicial Court of Massachusetts went so far as declining to find liability where the landowner had shoveled snow and exposed ice underneath (leading to a slip and an injury). However, in that same case, the court recognized that a landowner could be liable where his action or inaction creates an unnatural accumulation of ice that causes a slip and injury. I was trying to think of an example of an "unnatural" accumulation and came up with this: If you erected in your side or front yard one of those do it yourself ice rinks that you fill with water and you allowed some of the water to run across your driveway and then freeze, that might create some liability. In a recent case ( Soederberg v. Concord Greene Condominium Association, Appeals CourtNo. 09-P-380, February 25, 2010) a Massachusetts appeal court emphasize the point that, with any unnatural accumulation of ice or snow, the property owner may be held liable for injury, EVEN if the hazard created by the unnatural accumulation is obvious. [/quote] Basically, if it's natural ice, you should be fine, if Canada is at all similar to the states.
Sidewalks are government property, right?
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