Friend wants to sue, you think he can? - TriStateTuners.com :: Home of Tristate Auto Enthusiast

MPowerKai · 08-18-2007, 02:08 PM

So my friend fractured his wrist at work because when he was getting off his truck he tripped in a pothole 3 inches deep and 1 foot wide. Now he wants to sue, you think he can?

xEJ20x · 08-18-2007, 02:09 PM

No.
He wasn't paying attention to his surroundings.

Kiel · 08-18-2007, 02:10 PM

Sue who, exactly? Was this pothole on private property? Maybe he'll have a case if it was in the parking lot of his place of employment. Good luck if it wasn't though.

MPowerKai · 08-18-2007, 02:12 PM

Yes, he works at Newark Airport in NJ as one of the fuelers. He got hurt on site.

Kiel · 08-18-2007, 02:14 PM

Has he tried going through workman's comp, or is he just jumping right into being litigious?

MPowerKai · 08-18-2007, 02:16 PM

Quote:

Originally Posted by Kiel

Has he tried going through workman's comp, or is he just jumping right into being litigious?

Well he wants both lol but he will take the lawsuit if it gets him like 20k

poolmike · 08-18-2007, 02:19 PM

No offense, but I hate lawsuits like that. Tell your friend that potholes are everywhere and to watch his step. Thank him for driving up MY cost of living.

xEJ20x · 08-18-2007, 02:20 PM

Quote:

Originally Posted by MPowerKai

Well he wants both lol but he will take the lawsuit if it gets him like 20k

And here's why I hate America sometimes...

ozthunder · 08-18-2007, 02:20 PM

No, he has no legal basis.

jb1830 · 08-18-2007, 02:22 PM

with all the time and money it takes with lawyers and all...tell him to go through comp first...also he'll probably have to check his contract to see whether or not the company is even liable...you never know what he might've signed.

poolmike · 08-18-2007, 02:25 PM

Quote:

Originally Posted by onebadgoat9286

No, he has no legal basis.

As long as there are scum sucking ambulance chasing lawyers, he'll have a case.

MPowerKai · 08-18-2007, 02:26 PM

Thanks everyone.

I just asked because he wants my lawyers phone number and I don't want to waste my attorneys time.

ozthunder · 08-18-2007, 02:30 PM

Quote:

Originally Posted by poolmike

As long as there are scum sucking ambulance chasing lawyers, he'll have a case.

True; however, this is more or less a case of situational accidents. You can "claim" neglect of the tarmac, but in reality, he was being a moron. Tell your friend not to waste his time, accept the worker's comp, and to get on with it. Being vampiric isn't the greatest quality..

Kiel · 08-18-2007, 02:39 PM

Ah, suing because he didn't look where he was going, even though work will most likely pay for his medical treatment. I can't wait to profit off my own negligence someday.

cmr076 · 08-18-2007, 02:46 PM

he defeniently has a case. its the airports job to keep their property safe for their employees. would he have gotten hurt if there wasnt a pot hole there? no. personally i think he should have watched where he was going but being the son of two lawyers (both corporate, not ambulance chasers) you can sue anyone for anything and if your going after a corporation or big business they would usually rather settle outside of court and shut you up than waster time paying their lawyers to go to court for something as small as 10 or 20 thousand dollars.

ozthunder · 08-18-2007, 02:55 PM

You can go after it, yes, but because of worker's comp, it would be negligible (sp?). I don't think 20,000$ is approachable.

cmr076 · 08-18-2007, 03:38 PM

because of workmans comp, you cant sue your employer. your lawyer would have to find out if they outsource the repair and maintenance work to another company or something along those lines.

wrx_snobordr · 08-18-2007, 03:46 PM

Since it was at work the answer is no, not unless they refuse to pay workman's comp. I had my finger crushed at work, not my fault, another employees, nothing I could do. I was give 70% pay every week while not working plus all medical covered. Since there was no permanent damage done there is nothing he can sue for since pain and suffering and mental anguish are apparently of limits in work related cases as per the lawyer I talked with regarding my injury.

Tell him to take workman's comp and stop wanting to get something out of nothing.

06evors · 08-18-2007, 03:50 PM

Tell your friend to grow a pair and pay attention to his own clumsiness. I swear some people.....

MPowerKai · 08-18-2007, 03:51 PM

Quote:

Originally Posted by wrx_snobordr

Since it was at work the answer is no, not unless they refuse to pay workman's comp. I had my finger crushed at work, not my fault, another employees, nothing I could do. I was give 70% pay every week while not working plus all medical covered. Since there was no permanent damage done there is nothing he can sue for since pain and suffering and mental anguish are apparently of limits in work related cases as per the lawyer I talked with regarding my injury.

Tell him to take workman's comp and stop wanting to get something out of nothing.

Thats what I told him, you get money for not working!

08-18-2007, 02:09 PM	#2
xEJ20x Tri-State Post Whore Join Date: Jan 2005 Location: South Jersey Member #72 My Ride: 13 STI iTrader: (3)	No. He wasn't paying attention to his surroundings. __________________ Nothing to see here.

08-18-2007, 02:19 PM	#7
poolmike Tri-State Post Whore Join Date: Jun 2005 Location: Richboro Member #543 My Ride: '68 Kaiser M715/ '37 Ford truck/'47 Dodge truck iTrader: (0)	No offense, but I hate lawsuits like that. Tell your friend that potholes are everywhere and to watch his step. Thank him for driving up MY cost of living. __________________ 2012 Honda Accord Touring 1968 Kaiser M715 FrankenJeep 1947 Dodge 1.5 Ton Resto-mod 1937 Ford pick-up 1950 Crosley Farm-o-Road

08-18-2007, 02:20 PM	#9
ozthunder Tri-State Post Whore Join Date: Nov 2006 Location: In a modular on campus Member #2994 My Ride: 2006 Nissan SE-R Spec V iTrader: (0)	No, he has no legal basis. __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 signatures.

08-18-2007, 02:46 PM	#15
cmr076 Tri-State Post Whore Join Date: Aug 2006 Location: blue bell/gwynedd valley, PA Member #2319 My Ride: S4 iTrader: (8)	he defeniently has a case. its the airports job to keep their property safe for their employees. would he have gotten hurt if there wasnt a pot hole there? no. personally i think he should have watched where he was going but being the son of two lawyers (both corporate, not ambulance chasers) you can sue anyone for anything and if your going after a corporation or big business they would usually rather settle outside of court and shut you up than waster time paying their lawyers to go to court for something as small as 10 or 20 thousand dollars. __________________ 135 ├┼┼╕ 246R

08-18-2007, 02:55 PM	#16
ozthunder Tri-State Post Whore Join Date: Nov 2006 Location: In a modular on campus Member #2994 My Ride: 2006 Nissan SE-R Spec V iTrader: (0)	You can go after it, yes, but because of worker's comp, it would be negligible (sp?). I don't think 20,000$ is approachable. __________________ To view links or images in signatures your post count must be 10 or greater. You currently have 0 signatures.

08-18-2007, 02:10 PM	#3
Kiel Tri-State Aficionado Join Date: Aug 2007 Location: Morton, PA Member #5456 My Ride: 2003 WRX - Sonic Yellow iTrader: (0)	Sue who, exactly? Was this pothole on private property? Maybe he'll have a case if it was in the parking lot of his place of employment. Good luck if it wasn't though.

08-18-2007, 02:14 PM	#5
Kiel Tri-State Aficionado Join Date: Aug 2007 Location: Morton, PA Member #5456 My Ride: 2003 WRX - Sonic Yellow iTrader: (0)	Has he tried going through workman's comp, or is he just jumping right into being litigious?

08-18-2007, 02:22 PM	#10
jb1830 Tri-State Addict Join Date: May 2007 Location: Philadelphia Member #4646 My Ride: '88 MR2 SC, '97 Corolla iTrader: (0)	with all the time and money it takes with lawyers and all...tell him to go through comp first...also he'll probably have to check his contract to see whether or not the company is even liable...you never know what he might've signed.

08-18-2007, 02:39 PM	#14
Kiel Tri-State Aficionado Join Date: Aug 2007 Location: Morton, PA Member #5456 My Ride: 2003 WRX - Sonic Yellow iTrader: (0)	Ah, suing because he didn't look where he was going, even though work will most likely pay for his medical treatment. I can't wait to profit off my own negligence someday.

08-18-2007, 03:38 PM	#17
cmr076 Tri-State Post Whore Join Date: Aug 2006 Location: blue bell/gwynedd valley, PA Member #2319 My Ride: S4 iTrader: (8)	because of workmans comp, you cant sue your employer. your lawyer would have to find out if they outsource the repair and maintenance work to another company or something along those lines. __________________ 135 ├┼┼╕ 246R

08-18-2007, 03:46 PM	#18
wrx_snobordr Tri-State Addict Join Date: Dec 2004 Member #21 iTrader: (1)	Since it was at work the answer is no, not unless they refuse to pay workman's comp. I had my finger crushed at work, not my fault, another employees, nothing I could do. I was give 70% pay every week while not working plus all medical covered. Since there was no permanent damage done there is nothing he can sue for since pain and suffering and mental anguish are apparently of limits in work related cases as per the lawyer I talked with regarding my injury. Tell him to take workman's comp and stop wanting to get something out of nothing. __________________ Stock

08-18-2007, 03:50 PM	#19
06evors Tri-State Addict Join Date: Apr 2007 Location: Warminster, PA Member #4563 My Ride: 00 MX-5 LS iTrader: (2)	Tell your friend to grow a pair and pay attention to his own clumsiness. I swear some people.....

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