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Car accident

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dunbar

Junior Member
What is the name of your state (only U.S. law)? DE

This all happened years ago, but I just found this forum so what the heck.

So I flipped my car going around a bend. What happened was I hit black ice and just lost control, a pure accident, no one else was involved. The black ice was a result of a coy pond continously over flowing right next to the road. I was told that the owner of the coy pond was being sued by the state to have it removed for that exact reason, among others. Could i have sued?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? DE

This all happened years ago, but I just found this forum so what the heck.

So I flipped my car going around a bend. What happened was I hit black ice and just lost control, a pure accident, no one else was involved. The black ice was a result of a coy pond continously over flowing right next to the road. I was told that the owner of the coy pond was being sued by the state to have it removed for that exact reason, among others. Could i have sued?

The only correct answer is "maybe".

But it's likely moot. (And you mean "koi", right? Otherwise I'm just getting the cutest images of really shy little fishies swimming around all embarrassed! :) )
 
What is the name of your state (only U.S. law)? DE

This all happened years ago, but I just found this forum so what the heck.

So I flipped my car going around a bend. What happened was I hit black ice and just lost control, a pure accident, no one else was involved. The black ice was a result of a coy pond continously over flowing right next to the road. I was told that the owner of the coy pond was being sued by the state to have it removed for that exact reason, among others. Could i have sued?
If your insurance company covered your damages, let the insurance company deal with it. If there is a cause of action and its worth the money to pursue the insurance company will go after them.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? DE

This all happened years ago, but I just found this forum so what the heck.

So I flipped my car going around a bend. What happened was I hit black ice and just lost control, a pure accident, no one else was involved. The black ice was a result of a coy pond continously over flowing right next to the road. I was told that the owner of the coy pond was being sued by the state to have it removed for that exact reason, among others. Could i have sued?
I suppose it all comes down to two things:

How long ago was your accident? (Statute of Limitations comes to mind); AND

What was the outcome of the state's lawsuit against the Koi pond owner (presumably, it was filed to prove negligence and liability on the part of the owner for any resulting accidents that happened as a result of their failure to maintain the pond)

Whatever the answers to those two inquiries might be would be the most probably response to YOUR question.
 

dunbar

Junior Member
I suppose it all comes down to two things:

How long ago was your accident? (Statute of Limitations comes to mind); AND

What was the outcome of the state's lawsuit against the Koi pond owner (presumably, it was filed to prove negligence and liability on the part of the owner for any resulting accidents that happened as a result of their failure to maintain the pond)

Whatever the answers to those two inquiries might be would be the most probably response to YOUR question.
Hypothetically speaking, if at the time of the accident armed with this knowledge would I have been able to proceed. I don't know how the case played out. All I know is there was a case, and it was looking bad for the Koi pond owner. There was significant water damage/other accidents on that stretch of road.
 

justalayman

Senior Member
Hypothetically speaking, if at the time of the accident armed with this knowledge would I have been able to proceed. I don't know how the case played out. All I know is there was a case, and it was looking bad for the Koi pond owner. There was significant water damage/other accidents on that stretch of road.
You can always proceed, even when you have a losing case.

there is no way to determine if you had a valid suit against the owner or not. You have not provided enough information.
 
Yes you could have sued because they were creating a hazard & it was a known hazard to them so punitive damages could have been awarded.

A similar case (not koi pond but similar) won a 2 million dollar judgment in the city of chicago not too long ago. The plaintiff did not really even suffer much in compensatory damages...it was almost all punitive.

Man, you should have posted earlier.
 
Yes you could have sued because they were creating a hazard & it was a known hazard to them so punitive damages could have been awarded.

A similar case (not koi pond but similar) won a 2 million dollar judgment in the city of chicago not too long ago. The plaintiff did not really even suffer much in compensatory damages...it was almost all punitive.

Man, you should have posted earlier.
The OP is in Delaware. What makes you think an Illinois case helps his case? What cause of action did they bring in Illinois? Was it statutory?
 
I'm liking this poster

Bwahahahahahahaha!
Your moniker is intriguing .. I'mTheFather ... seems to draw me to the conclusion that you are not the father of a totally human life form but some type of intra-species amalgam. If it was a natural joining or by some scientific breakthrough is also intriguing....
 

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