Fall on Black Ice

[chiarik]

What is the name of your state? Minnesota.

My sister fell at a car dealership on black ice. The lawyer which took her case first told her it was an open and shut case. Now, the dealers insurance company is threatening to counter sue for their attorney fees as the judge will throw out the case because she fell on black ice and her attorney is trying to convince her to give up as he didn't know it was on black ice. She was in the hospital for 1 week and out of work for 6 weeks. They have pictures of the area where she fell and you could see where it was damp (or discolored) in the area she fell. She also has all the medical bills and doctors letters describing her injury. She also explained to her attorney, in the very beginning, that she did not see the ice (hence black ice).

Does she or does she not have a case because of the black ice?

[I AM ALWAYS LIABLE]

Originally Posted by chiarik

What is the name of your state? Minnesota.

My sister fell at a car dealership on black ice. The lawyer which took her case first told her it was an open and shut case.

My response:

There is no attorney who would say that, especially on a "Slip and Fall" type case. Somehow, I think, that was your sister's interpretation and wishful thinking. But, the attorney didn't say that.

I'm sure the attorney was hoping to settle, but it turned out that the property owner wouldn't because your sister's attorney can't prove "Notice."

So much for your sister's case. If she hasn't already received a "Drop Letter" from the attorney, she probably will be very soon.

IAAL

[chiarik]

Thank you for your quick reply I AM ALWAYS LIABLE. I do appreciate it!

[bononos]

If this applies:
My BF does landscaping-summer and plowing/salting-winter.
He is required to carry insurance of course also.
Most of his commercial lots have a requirement as to when to plow and when to salt. (So many inches, how many times a day, etc...)
If something such as this were to happen on one of his lots, his insurance would be responsible, not the lots.
Check into who is responsible for the upkeep of shoveling, plowing, and salting.