Whose Accountability?

[catnapper]

There's a situation someone I know is in.....

Someone was walking along the sidewalk in front of a business. The sidewalk was uneven and that person took a pretty embarassing tumble. The person brushed off the cement from their scrapes and continued their walk and swore they were fine to the person with whom they were walking. At the time, they thought they were fine, outside bruised pride.

A few hours later, their shoulder and knee were hurting enough for the stumbler to consider calling the doctor for an appointment the following day. Only the person doesn't want to foot the medical bill themselves and wants to make the business's insurance cover their trip to the doctor.

Ok, so who is accountable? The business, who should have had their sidewalks clean and even, or the person who should have been looking where they were walking?

Don't give me what you think I'm looking for. For all you know, the person I'm asking for is the business Or they might be the stumbler

[moosmom]

I'm not a lawyer but I've worked as a Paralegal for 12 years and did alot of personal injury. Call a lawyer.

If it's the faller and they intend on suing, they need to get a lawyer. They in turn, will file suit against the city, as the sidewalk is public domain. If it's the business, I'm sure thy have a lawyer. I really don't think they'd have a case against the business. But again, that's my opinion and I'm not a lawyer.

Anyone else care to pipe in (ahem, Oh Johanna)

[RICHARD]

The city, in most areas is responsible for the care and repair of sidewalks-
In our area if you want to have a walkway put in you have to split the cost with the city.

Best bet it to start taking pics and pray.

[Husky_mom]

well... living in a country that does not even consider a businness paying you if you fall and fracture or whatnot in their sidewalk...

I would say the person should pay... I mean she (assuming she´s a she) was the one who fell.... if I fell I don´t blame anyone but me.. LOL... adn usually laugh it up...

IF.... IF.... out of 10 people passing by 8 or 9 or even 10 stumbled or fell I would consider making a reposrt so the sidewalk got fixed...

just like in school if a student flunks who´s the fault??.. the teacher or the student?... IF ALL students flunk who´s to blame??......

Medical bills might be expensive but one should learn to look where you are going and if you have an accident then be it...it could´ve happened anywhere... so why should others pay for our "stumbles"... unless as I said it where a situation where most of the people had suffered from teh conditions of the sidewalk... but even then I think the city is the one that should fix that..

[Jessika]

The business does not own the sidewalk, just like the business does not own the street in front of their business. The sidewalk is the city's job to maintain, so it is the city's responsibility for its upkeeping, not the businesses'.

Unless this was completely on private property (as in, the sidewalk outside walmart), in which case it IS the business' property.

I guess I really need more information -- where was the sidewalk, on a strip of businesses along a city street? a sidewalk in front of a store on private property in the parkinglot (think walmart or target)?

[caseysmom]

I personally believe there is not too much personal accountability anymore and think the person should have watched where they were going.

[jackie]

The person who fell should cover their own expenses.

[lizbud]

Unless this was completely on private property (as in, the sidewalk outside walmart), in which case it IS the business' property.

I guess I really need more information -- where was the sidewalk, on a strip of businesses along a city street? a sidewalk in front of a store on private property in the parkinglot (think walmart or target)?

That's right, more info is needed. Did she/he report the fall to the business?

[Karen]

As someone with a poor sense of balance, I consider it my own fault when I fall. It is my responsibility, as an adult human being, to be responsible for my own actions, and to be careful. If I am not careful, and I fall, it is my own fault. I can SEE if the sidewalk is uneven if I bother to look.

Does the "faller" not have health insurance? A lawsuit's gonna cost a whole lot more time and money than a doctor bill for a small fall ...

[K9soul]

I think people are way too sue-happy and we only end up paying for it with higher prices to accommodate everyone being sued.

Unless the business ran out and pushed her down or set up a trip-wire, I don't think the tripper has any reason to feel the business is accountable. Sidewalks are uneven sometimes, they get weathered and damaged. It's a fact of life. I've stumbled on curves or rocks or my own shoelaces, it happens. I could see someone having a case against the business if they slipped inside the business on a wet floor that had no wet floor sign and were badly injured, but not in this case. More than likely she has some muscle strain or soft tissue injuries from it that will heal just fine with a bit of time and some ibuprofen or other over-the-counter anti-inflammatory.

[ramanth]

I'm with the 'she should of watched where she was going' camp.

[jenluckenbach]

First off, I believe that in order to "blame" anyone (but yourself), you would have had to have reported the fall at the time of the accident. Otherwise, thier would be no documentation on record that the fall actually occured and WHERE!

2nd, while it would be nice if all sidewalks, roads, yards, parks, driveways, parking lots, beaches (etc) were perfectly safe to walk on, they are not!

3rd, in my most humble opinion, even if you COULD sue the business or the city, it is STILL the faller's fault. And as stated earlier, all these unnecessary law suits really help to sky rocket other costs. Even if you fell INSIDE a store, I feel it is frivolous to try to get money from them for your own clumsiness. Just like the person who spilled hot coffee in their own lap and then sued McDonalds

So....legally, I do not know, but I sure hope this person, and a lot of other people, will just stop trying to get free money for things that simply happen in LIFE.

(hope that all made some sense)

[Lady's Human]

It's your responsibility to avoid unsafe situations. No walking surface is perfect. Maybe the business should be sued for making the sidewalk out of concrete instead of foam? After all someone is eventually going to fall on it and they should have forseen it.

[CathyBogart]

Are you serious? They need a good slap upside the head. They need to take responsibility for the fact that they weren't watching where they were walking. Grr....

[Sirrahsim]

At least the lady who sued McDonalds had a legal leg to stand on. It was McDs policy to keep the coffee at a higher than usual temp and she DID suffer bad burns.

Tripping on a sidewalk though?? Seriously?? Add me to the 'she should have watched where she was going' group.