Quizzes & Puzzles36 mins ago
ICE SLIP CLAIM
Can anyone help with this:
Private residential property grounds, a tenant slips on ice and hurts themselves. The weather has been very rigid and temperatures were very cold. The spot of the accident has never been reported to the landlords as a possible hazard and there are no witnesses. Does anyone haave any ideas. Is this a pure act of God and walking without due care and attention. Lastly, any ideas on how long a pending court case of this type could take?
Thanks for any suggestions.
Private residential property grounds, a tenant slips on ice and hurts themselves. The weather has been very rigid and temperatures were very cold. The spot of the accident has never been reported to the landlords as a possible hazard and there are no witnesses. Does anyone haave any ideas. Is this a pure act of God and walking without due care and attention. Lastly, any ideas on how long a pending court case of this type could take?
Thanks for any suggestions.
Answers
I have just reread the post, I thought it said the spot HAD been reported as a hazard.
The tenant just slipped on ice, there is no liability and no one is to blame, don't even think of trying to claim.You have zero chance of getting anything except a large legal bill.
The tenant just slipped on ice, there is no liability and no one is to blame, don't even think of trying to claim.You have zero chance of getting anything except a large legal bill.
18:09 Sun 30th May 2010
In my days in working in liability insurance, this sort of thing rarely went to court - the insurance company would have made the decision. The deciding factor used to be predictability, if it could reasonably have been assumed that an accident would arise then the policy holder should have taken steps to improve the situation. If it had never been reported as hazardous and it was a genuine accident then they threw it out. Icy pavements, people fall over (I have to say I do it frequently, I fell out of the car on the ice last winter, I wouldn't have dreamed of suing either the council or Daihatsu!).
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I don't have legal knowledge, but FWIW my understanding was that if you got involved in clearing snow and/or ice and this resulted in unsafe conditions resulting in someone's injury, then you were liable. (Assuming the injured party wasn't doing something that made it their own fault.) But if you left the conditions alone then you are not liable for what the weather does.
Maybe you should just invest a short time with a solicitor to ask these questions ?
Maybe you should just invest a short time with a solicitor to ask these questions ?
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