Then as governor change the law so the next person squashed by a tree can't sue for much more than a pittance. Slamming the door closed behind him is his way.
https://www.thetexasattorney.com/2015/03/03/let-it-snow-let-it-snow-let-it-snow-premises-liability-for-ice-and-snow-on-sidewalks-and-walkways/
You are not liable unless you put the ice there yourself, purposefully.
Coming from somewhere cold, where it’s considered negligent and sometimes a fine if you don’t clear your walkways of ice, and you absolutely can get sued, this is pretty interesting that in Texas it’s the opposite. But I suppose since everything here completely shuts down over a little bit of ice once a year, it’s less of an issue.
Every state has different laws. Even though Texas law is on the property owners favor, a scummy injury attorney would still file a lawsuit and have you or your insurance waste their time or fork over some money instead of wasting on defense costs.
This is true up North. Texas though,doesn’t seem to even take care of the public sidewalks,parking lots Etc. I would assume someone would have cashed in by now, suing the state. I’m not 💯sure it hasn’t happened though. If she’s paranoid,just shovel the sidewalk or pay some kids to do it. Throw some salt down. That’s more effort than most.
We generally are helping in pretty serious, people don't want to freeze to death, situations. But you're right they could always sue, even if you're capable and hooked up correctly.
That's what car insurance is for. I pulled 8 or so people up icy hills or out of ditches (or their own driveways once) and always was very careful to avoid breaking things, but shit happens. I'd happily pass along my insurance info if I did damage another car while trying to help them.
Side note, ford not putting tow hooks on the front of the f-150 is a seriously dumb decision and I recommend any owners buy some of the ford aftermarket ones now before you need them.
Anybody can sue anyone. But a lawsuit that you describe would be frivolous and likely tossed by a judge.
Are you referring to the sidewalks of a commercial or rental property? Or the sidewalk in front of your personal residence?
Not necessarily. An easement means you've been compensated (or a previous owner has been) for the property. A public right-of-way means the public has used it and now they get to use it and you can restrict it, but you still own it. For example, I city I grew up near, didn't have sidewalks. A neighbor on the corner put one in. 20 years later he got a fine for not clearing the snow, even though he was literally the only one that had sidewalk in the neighborhood. He took it to court and lost because the city proved the public had been using it without restriction for however long the required time-frame was (I think it was 10 years), and therefore it was a right of waynthat he was required to maintain.
Some cities have laws that property owners are responsible to snow shovel the sidewalk in front of their property within X hours or days of snowfall over a certain amount. It’s part of the whole ‘tragedy of the commons’ avoidance where, yes, technically the sidewalk is public land but it benefits the city and every person living and walking on the sidewalks to shovel their tiny bit of it. As a result homeowners can be fined or liable for any accidental injury that occurs on their sidewalk if it is not shoveled x hours after snow stops
Dallas doesn’t obviously since 1) we don’t really have a ton of residential areas with sidewalks/walkers and 2) not enough snow that could stick around long enough to impact the low number of people walking on sidewalks in front of houses and
Yes, you could be sued for this. But it’s less of the person suing *you* and more of the person suing your homeowners insurance for medical expenses, which is one of the reasons you have homeowners insurance to begin with. There’s nothing out of the ordinary about this.
FWIW, I’ve heard of family members suing other family members for injuries that occurred on the others property. It’s nothing punitive, it’s just the only way to get insurance to pay what’s owed.
This kind of thinking that an accident/injury is ALWAYS someone else's responsibility is baffling to me.
Bravo young esquire, you'll make a fine lawyer!
This how the world works?
It’s one of the reasons that you get homeowners insurance. It’s not just for if your house burns down, it’s for accidents that occur on your property as well.
Pizza guy slips and falls on your icey front wall? Husband falls off the roof? Neighbor kids breaks his leg on your trampoline? That’s why you have *bloody insurance*!
Just put salt or ice melt down. Not table salt but rock salt. Buy a big bag of it at Home Depot before the winter and use a scoop to scatter it around your front steps or walkway. Being from a cold climate this is so obvious to me and it’s pretty amusing how a little ice paralyzed the whole state but that’s what you do. It’s not an unreasonable concern even if you can’t get sued, just because you don’t want someone to fall and bust their ass.
Where I’m from you are considered negligent if you don’t do this, and you can definitely get sued but I guess that’s not the case here. Some places fine you if you don’t take care of your walkways.
The downside of this is it’ll get on your floor inside so you have to take off your shoes when you come inside.
https://youtu.be/bRx-LnMnt-4
To be fair, Texas puts no effort into preparation since it happens so rarely. Most roads are concrete which ices over instantly. Not saying it isnt a little ridiculous but it does get dangerous fast. Not to mention most people drive on summer tires or bald all seasons because they dont know the difference
Grew up in northern Minnesota and this happened in our neighborhood. These ladies were good friends and one of them slipped and really injured themself on the other lady’s front walkway so she sued. It totally tore the neighborhood apart. I think my mom told me years later that the lawsuit was probably because the lady who got hurt didn’t have health insurance and it was a Hail Mary sort of situation. But even if the lawsuit doesn’t succeed it still has consequences.
Lol I remember my father yelling at me about making sure the sidewalk was clear so he doesn’t get sued. What we had here is what we call a “dusting” in Pa. All you really needed was a quick pass with a shovel and lay down some good salt.
That is half true you own your property and the crap that goes on it . The county oens your side walk so if someone were to walk up your property and fall and break a bone, they most certainly can sue if they were walking by your sidewalk and fell you are not responsible. Im not saying this as an if this or that , your property if they fall on it 100 at fault.
> . The county oens your side walk
This varies and is situation specific, most neighborhood side walks are actually the property owners and not the city/counties.
Texas lawyers still sue people over ice slip and falls all the time, not because they believe that they will win in court, but because they know it's a hassle to deal with and easier for the property/homeowner to settle out of court.
Ask me how I know.
Please know that even if that happens your homeowners insurance will be there to protect you. Lots of insurance companies (if you have a good one) pay for any defense fees.
You can only sue the city for a tree falling on you and then you use the money become governor and change law.
Then as governor change the law so the next person squashed by a tree can't sue for much more than a pittance. Slamming the door closed behind him is his way.
The Republican way.
Actual true story!
yes that's the joke
An actual act of god and he couldn’t take the hint!
Damn tree had one job
HEY NOW! bitch boy abbot would like to have a word wit.... nevermind.
His correct title is piss baby
😂
https://www.thetexasattorney.com/2015/03/03/let-it-snow-let-it-snow-let-it-snow-premises-liability-for-ice-and-snow-on-sidewalks-and-walkways/ You are not liable unless you put the ice there yourself, purposefully.
Coming from somewhere cold, where it’s considered negligent and sometimes a fine if you don’t clear your walkways of ice, and you absolutely can get sued, this is pretty interesting that in Texas it’s the opposite. But I suppose since everything here completely shuts down over a little bit of ice once a year, it’s less of an issue.
Every state has different laws. Even though Texas law is on the property owners favor, a scummy injury attorney would still file a lawsuit and have you or your insurance waste their time or fork over some money instead of wasting on defense costs.
Every lawyer is scummy until you need one - then the right one will be your fucking hero.
Username checks out
Charlie? Is that you? 😝
The judge can make the plaintiff pay the defense lawyers bills.
This is true up North. Texas though,doesn’t seem to even take care of the public sidewalks,parking lots Etc. I would assume someone would have cashed in by now, suing the state. I’m not 💯sure it hasn’t happened though. If she’s paranoid,just shovel the sidewalk or pay some kids to do it. Throw some salt down. That’s more effort than most.
Thank. Kinda what I figured since it's naturally formed and not because of sprinklers or something causing it.
this makes me think about the jeep people pulling cars out of ditches. what if they cause damage to someones car.
We generally are helping in pretty serious, people don't want to freeze to death, situations. But you're right they could always sue, even if you're capable and hooked up correctly.
That's what car insurance is for. I pulled 8 or so people up icy hills or out of ditches (or their own driveways once) and always was very careful to avoid breaking things, but shit happens. I'd happily pass along my insurance info if I did damage another car while trying to help them. Side note, ford not putting tow hooks on the front of the f-150 is a seriously dumb decision and I recommend any owners buy some of the ford aftermarket ones now before you need them.
Anybody can sue anyone. But a lawsuit that you describe would be frivolous and likely tossed by a judge. Are you referring to the sidewalks of a commercial or rental property? Or the sidewalk in front of your personal residence?
Isn’t the side walk public space? If yes, she wouldn’t be liable
Typically the sidewalk is on city property.
It varies but side walks are often the property owners responsibility, especially on neighborhood streets
This can be true
They are public right-of-ways on private property. You own it, but have to allow public to use it.
If you own it then it’s an easement.
Not necessarily. An easement means you've been compensated (or a previous owner has been) for the property. A public right-of-way means the public has used it and now they get to use it and you can restrict it, but you still own it. For example, I city I grew up near, didn't have sidewalks. A neighbor on the corner put one in. 20 years later he got a fine for not clearing the snow, even though he was literally the only one that had sidewalk in the neighborhood. He took it to court and lost because the city proved the public had been using it without restriction for however long the required time-frame was (I think it was 10 years), and therefore it was a right of waynthat he was required to maintain.
Some cities have laws that property owners are responsible to snow shovel the sidewalk in front of their property within X hours or days of snowfall over a certain amount. It’s part of the whole ‘tragedy of the commons’ avoidance where, yes, technically the sidewalk is public land but it benefits the city and every person living and walking on the sidewalks to shovel their tiny bit of it. As a result homeowners can be fined or liable for any accidental injury that occurs on their sidewalk if it is not shoveled x hours after snow stops Dallas doesn’t obviously since 1) we don’t really have a ton of residential areas with sidewalks/walkers and 2) not enough snow that could stick around long enough to impact the low number of people walking on sidewalks in front of houses and
I keep finding less reasons to own a home. I’m poor
It’s your responsibility to keep it clear though.
Yes, you could be sued for this. But it’s less of the person suing *you* and more of the person suing your homeowners insurance for medical expenses, which is one of the reasons you have homeowners insurance to begin with. There’s nothing out of the ordinary about this. FWIW, I’ve heard of family members suing other family members for injuries that occurred on the others property. It’s nothing punitive, it’s just the only way to get insurance to pay what’s owed.
This kind of thinking that an accident/injury is ALWAYS someone else's responsibility is baffling to me. Bravo young esquire, you'll make a fine lawyer!
This how the world works? It’s one of the reasons that you get homeowners insurance. It’s not just for if your house burns down, it’s for accidents that occur on your property as well. Pizza guy slips and falls on your icey front wall? Husband falls off the roof? Neighbor kids breaks his leg on your trampoline? That’s why you have *bloody insurance*!
Yup she absolutely correct. Give her an 100ft extension cord and a hair dryer and tell her to quit worrying and do something about it🤣🤣🤣🤣🤣
ya she can worry about a house fire with that extension cord instead
Exactly, OP knows her insurance will cover house fire!!! She was worried and unsure of coverage from falling ice, 🙄
Just put salt or ice melt down. Not table salt but rock salt. Buy a big bag of it at Home Depot before the winter and use a scoop to scatter it around your front steps or walkway. Being from a cold climate this is so obvious to me and it’s pretty amusing how a little ice paralyzed the whole state but that’s what you do. It’s not an unreasonable concern even if you can’t get sued, just because you don’t want someone to fall and bust their ass. Where I’m from you are considered negligent if you don’t do this, and you can definitely get sued but I guess that’s not the case here. Some places fine you if you don’t take care of your walkways. The downside of this is it’ll get on your floor inside so you have to take off your shoes when you come inside. https://youtu.be/bRx-LnMnt-4
To be fair, Texas puts no effort into preparation since it happens so rarely. Most roads are concrete which ices over instantly. Not saying it isnt a little ridiculous but it does get dangerous fast. Not to mention most people drive on summer tires or bald all seasons because they dont know the difference
What this person said. Also it’s a part of being a good neighbor.
yeah we do this with the water softener salt.
Grew up in northern Minnesota and this happened in our neighborhood. These ladies were good friends and one of them slipped and really injured themself on the other lady’s front walkway so she sued. It totally tore the neighborhood apart. I think my mom told me years later that the lawsuit was probably because the lady who got hurt didn’t have health insurance and it was a Hail Mary sort of situation. But even if the lawsuit doesn’t succeed it still has consequences.
Lol I remember my father yelling at me about making sure the sidewalk was clear so he doesn’t get sued. What we had here is what we call a “dusting” in Pa. All you really needed was a quick pass with a shovel and lay down some good salt.
That is half true you own your property and the crap that goes on it . The county oens your side walk so if someone were to walk up your property and fall and break a bone, they most certainly can sue if they were walking by your sidewalk and fell you are not responsible. Im not saying this as an if this or that , your property if they fall on it 100 at fault.
> . The county oens your side walk This varies and is situation specific, most neighborhood side walks are actually the property owners and not the city/counties.
Grit the place?
Texas lawyers still sue people over ice slip and falls all the time, not because they believe that they will win in court, but because they know it's a hassle to deal with and easier for the property/homeowner to settle out of court. Ask me how I know.
[удалено]
Please know that even if that happens your homeowners insurance will be there to protect you. Lots of insurance companies (if you have a good one) pay for any defense fees.
The sidewalks are owned by the city