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Slip and fall with a splash of gross negligence

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Mack1481

Member
Hi folks. Before my fiance and I begin interviewing attorneys, we want to socialize our story to better understand if we have enough to pursue, despite us feeling like we do. We live in an apartment community in Gwinnett County, GA. Looks good from a prospective resident perspective but the experience with the leasing employees has become a much different experience. The community provides dog bag waste stations throughout the property. The waste stations are a "service" they provide to the residents through a 3rd party supplier who we (residents) have no direct agreement or encouraged interaction with. The property (assumed) is managing that B2B relationship. We learned that the community has 410 units and the property manager told us that over 50% of their residents have dogs. The waste stations are generally out of bags with what we have seem to be anywhere from a week up to three weeks in some cases without being refilled. Unfortunately, our neighbors are lazy during the lulls of the stations being empty and leave their pet waste behind on the ground.

The property manager also informed us that it is the responsibility of their groundskeeper to keep things like this in order. We learned all of this from her because we have made numerous complaints (documented) to the office that there is dog waste in all of the grass in the common areas where we walk our dogs, we have found the waste all over the sidewalks and have even provided them with pictures to not only help tell the story but also to let them know where it was located. Keep in mind, my fiance and I work from home and we are also in the midst of the holidays. So in our eyes, we are walking away from dollars to worry about dimes. A couple of weeks ago, my fiance took our dog out one morning and without seeing it, slipped on a large pile of waste and fell on her back. She had the waste all over herself and her clothes and immediately got back up, took a picture of the waste, and came back inside to clean herself up. Within an hour we both went to speak with the property manager but she was not in the office. We explained the story to another member of her team and we were told that the property manager would contact us when she returned. By 3 o'clock that afternoon, no one had contacted us so we both went to the office to follow up. Before going, we decided that we were going to put the story in an email that way we had our version documented on their system to avoid the risk of them trying to oversimplify the story later in case this situation escalated.

We spoke to the property manager who, after multiple attempts of trying to interrupt us with placations, assured us there would be "consequences" for her staff. We made it clear that is not an acceptable remedy for the situation as her punishing her staff is frankly none of our concern nor does that offer help to address the immediate problems at hand. I explained that my fiance is in pain due to the fall and that she would be going to be evaluated by a medical provider. She asked my fiance if she was okay and my fiance explained that she was going to see a doctor to make sure. The property manager replied that she hoped it was nothing serious and we ended the conversation. Later the same day, we took our dogs out and found that the waste my fiance fell in was still there and also the other various areas of waste we had noticed were also still there. We took pictures. The metadata of our photos are date / time stamped. My fiance fell on 11/22/19 most if not all of the pet waste spots we provided them information on are still there today. At this point, we are both justifiably frustrated with the negligent, disrespectful, and condescending attitude, behavior, and treatment we are receiving from a community that we are paying a total of $20k+ / year for. So we began getting educated on the language used in our lease and weighed that against the Gwinnett County landlord / tenant handbook of laws. Expectedly, we found a significant imbalance between the verbiage the community uses in their lease agreement which, initially, created a perspective of "legal validity" for us when we had originally signed. However, now that we are better educated on our legal rights in a landlord/ tenant agreement, we understand that there is simply a company-funded attorney authoring these leases in the arrogant hopes that none of their residents ever take the time to become better educated. There is additional information about this situation we have to share that continues to paint an even less flattering picture of not just this community but also the company itself as our situation is merely an example of a much broader trend of what we have learned, through other fellow resident stories (we cannot prove) to be commonplace culture of how this billion dollar company operates.

Since all of you invest the better part of your daily lives into not only the educational side of these situations but you also have intimate knowledge of how these situations are viewed and handled by the judges, by the defense, we want to learn from you; the experts, what is our next best step to take here?
 


Zigner

Senior Member, Non-Attorney
I'd suggest that you pursue the owner(s) of the dog(s) that left the waste that your girlfriend slipped in. I would also suggest that your girlfriend watch her step while walking in an area that she is fully aware contains dog waste. Lastly, while "gross", this is not "gross negligence".
 

adjusterjack

Senior Member
I'm a retired claims adjuster and have experience in these matters.

There are two reasons that your fiancée isn't likely to see a nickel from this incident.

1 - Most of your post is an admission that you and your fiancée knew full well the conditions of the property. Yet one morning (presumably) daylight, she managed to slip on dog poop. Not watching where you are going is called contributory negligence whereby a person is partially negligent for their own injury. Georgia follows a modified comparative negligence rule whereby a plaintiff is only eligible for compensation if she is 49% or less responsible for her own injuries. Frankly, I'd put her own negligence as greater than 50% so she gets nothing.

2 - 8 days and no medical treatment. No medical treatment = no money.

Sorry, she hasn't won the lawsuit lottery.
 

Mack1481

Member
Thank you both for your candor. I agree with you both, she should have watched where she was walking and when the heat of the moment had lapsed, I told her the same thing. Now, despite the tone my post implies, the "legal lottery" is a potential perk of the situation that frankly, while we would love to see our personal account balances increase, we are living comfortably fine without it so let's all be clear on that. Should her common sense be more prominent than our confidence in the property to properly maintain a safe environment? Absolutely. However, regardless of what side of the table we want to choose to look at this from, none of them change the legal fact that the property has the responsibility of providing a safe environment for their residents. According to the Gwinnett County landlord tenant handbook. If we're trusting the law by the letter of the law as the law is designed to do. The fact is, She fell on a Thursday and the first appointment she could get with a chiropractor was that Sunday. She has been in twice with a 3rd scheduled. Now, although she didn't break her back or has become permanently disabled as a result of this, the property team continues to ignore the problem. Separately, we learned in a conversation with another resident that her unit was infested with yellow jackets. She claims to have been stung multiple times and her pets did too. As a result, she had to move to another unit at the property and she claims they did not reimburse her. Now, while unrelated to our situation and frankly, it could all be bs, a paralegal can interview her and determine that themselves with the help of an attorney. If true, that scenario helps to support the broader picture here now that this F-rated on BBB, billion dollar company is potentially operating with careless neglect in a variety of stories. It's not my job to determine what's true and what's not. I provide you with the information and you all go do the homework on it. So the real question that WE have, are the punitive opportunities of this story potentially combined with that of other residents enough to produce an easy talk track on why there should be punitive punishment against this company so well articulated that their legal team cannot properly defend their clients which positions them to discuss settlement or otherwise enables the judge to award punitive damages and puts the information out there so that future, potential residents have access to more publicly available information to better assist them in deciding on where and who they do business with. Because that is where we are now. Standing up to the billion pound gorilla. Thoughts?
 

Zigner

Senior Member, Non-Attorney
I provide you with the information and you all go do the homework on it.
Hahahahahaha.
Oh, hold on...
Hahahahahaha.

Ok, with that out of the way...if you're not happy with the responses you receive here, she is free to consult with a local attorney. In fact, nothing that WE say means anything to you anyway. Have her talk to an attorney.
 

Just Blue

Senior Member
Hahahahahaha.
Oh, hold on...
Hahahahahaha.

Ok, with that out of the way...if you're not happy with the responses you receive here, she is free to consult with a local attorney. In fact, nothing that WE say means anything to you anyway. Have her talk to an attorney.
Is there a missing post or did you take liberties with editing?
 

Zigner

Senior Member, Non-Attorney
Is there a missing post or did you take liberties with editing?
I believe the OP may be editing it, or the OP deleted it. The post was not reported. The OP basically took the time to say "I hear what you're saying...but but but". (Yes, that's a very condensed and paraphrased version.)
 

Mack1481

Member
Lol you sound my kind of people, you remind me a lot of my grandmother.

With that out of the way, I wouldn't invest my time into writing this nonsense if I didn't value your inputs. However, this is a government claim so expecting a little passion and prejudice from a community that works on straight commission frankly, seems like a very fundamental expectation. After all, isn't story telling and crafting messages the key to successful attorneys? Building narratives with irrefutable legal terms to solidify the narrative? When I studied law years ago, that's what I was being taught. When I observed cases in real life to get REAL education that's what I was observing to be the recipe for success. Someone talented who spoke with meaning. So far, I haven't seen any meaningful responses here yet that provide me with enough appreciation to help make you feel like I should care about what I've been reading so far. So, your move
 

Just Blue

Senior Member
Lol you sound my kind of people, you remind me a lot of my grandmother.

With that out of the way, I wouldn't invest my time into writing this nonsense if I didn't value your inputs. However, this is a government claim so expecting a little passion and prejudice from a community that works on straight commission frankly, seems like a very fundamental expectation. After all, isn't story telling and crafting messages the key to successful attorneys? Building narratives with irrefutable legal terms to solidify the narrative? When I studied law years ago, that's what I was being taught. When I observed cases in real life to get REAL education that's what I was observing to be the recipe for success. Someone talented who spoke with meaning. So far, I haven't seen any meaningful responses here yet that provide me with enough appreciation to help make you feel like I should care about what I've been reading so far. So, your move
You didn't read the TOS did you?
 

Mack1481

Member
Of course not, I'm a typical Joe in many ways but smart enough not to shop black Friday. Irregardless however of whatever nonsense nomenclature is buried in the T's & C's, this site is no different than a chatroom with voluntary participants. So what more is there to know?
 

Just Blue

Senior Member
Of course not, I'm a typical Joe in many ways but smart enough not to shop black Friday. Irregardless however of whatever nonsense nomenclature is buried in the T's & C's, this site is no different than a chatroom with voluntary participants. So what more is there to know?
sigh....

Read the ToS.
 

cbg

I'm a Northern Girl
The fact that the majority of responders are not attorneys, but lay people who for reasons of their own experience are knowledgable in one or more areas of law might have been meaningful to you. Some of the responders are attorneys, but so far none of them have responded in this thread.

That doesn't make the answers wrong, btw. My area of expertise is in employment law, but even I know that your girlfriend hasn't won the lawsuit lottery. She'll be lucky if she gets the cost of her drycleaning. She should have been watching where she was going.
 

Mack1481

Member
JB - I know, nobody has more respect for my fiance than I do. I'm a careless handful at times.

Thanks for chiming in CBG. Again, I agree with all of you on the "lawsuit lottery" point and frankly, so does she. Deromanticizing this story for a moment, we have laughable expenses from this scenario. A few bucks on dry cleaning, less than a dollar on facial tissu. Hell, I have more invested on internal damage control than a judge would ever see me reimbursed for lol. So now that it's established I'm not motivated entirely by my greedy nature, keep in mind. I'm not letting either one of us rush out and burn up our dollars, tax payer dollars or the patience of a judge so let's keep the playing field here in mind. We're simply taking the time to get educated to learn how all this stuff works. I have learned a lot from the responses but honestly folks, when you're seeking understanding on something you don't know AND you're already intelligent, history teaches you not to accept the guidance of the first flippant response you receive. So please, if you all are going to participate in the discussion, please take a moment to appreciate where we are coming from. I made our position clear in the initial conversation starter. I'm new to the site, I am reading the site T's and C's now however, no one is forcing your participation so I think some of us have the opportunity here to provide more value than dramatic deep sighs. That's not productive. Let's face it, not all attorneys and legal professionals are sleazy "attorneys" where they will let me pay them $1k an hour to be my therapist. Just looking for education and support here guys, that's all.
 
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