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(The Detroit_News)   Ambulance-chaser laments new Michigan standard for slip-and-fall is now "look out for the ice, stupid" instead of "find a patch of ice, slip, win lottery"   (detroitnews.com) divider line 6
    More: Cool, Michigan  
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9167 clicks; posted to Main » on 29 Dec 2012 at 2:44 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-12-29 10:35:46 AM  
1 votes:
Those damn Republican Supreme Court justices with their common sense verdicts.
2012-12-29 08:05:25 AM  
1 votes:
FTA: "We are skeptical as to whether an ordinary puddle in a parking lot constitutes a hazard of any kind," judges Mark Cavanagh and Joel Hoekstra

A puddle, is not a hazzard. A patch of ice is. Michigan judges are too stupid to understand the differences between water and ice.

FTA: Landowners are not charged with a duty of ensuring absolutely the safety of each person who comes onto their land,

No one argues for 'absolute safty'. US law is based on the concept of 'reasonableness'. Land owners are responsible to take reasonable measures to ensure safty. Doing something to address accumulating ice in parking lots and walk ways is "reasonable".
2012-12-29 07:57:18 AM  
1 votes:
I'm in Montreal with my gf and we have been marveling at how poorly the sidewalks are cleared (meaning many of them aren't) after this recent snowfall, so I was musing that liability laws here must be different than in NYC, the last big city I called home.
I agree that we don't want to reward ambulance chasers or fraudulent claimants, but we need some system that encourages or requires property owners to create a safe passage along the sidewalks for pedestrians. I can't imagine how infirm people get around here--if you need a cane or a walker, you're screwed and I've seen healthy people, moving cautiously, who've fallen because the sidewalks aren't cleared.
So , my question is this: assuming we want clear sidewalks, what system would you suggest that encourages or requires adequate clearance in a reasonable amount of time? I assume we don't want the government responsible for it, since that would a) take longer than everyone cleaning up his/her own sidewalk and b) could potentially get really expensive. Thoughts?
2012-12-29 07:35:14 AM  
1 votes:

thorthor: Farkin ambulance chasing lawyers caused this mess in the first place, now if you legitimately slip and fall, (rare I admit), yer screwed.


So the judges weren't able to use reason and thought in the face of the voodoo onslaught of the magical amber-lamps chasing lawyers, so they had to water down the standard?

Is that what you're saying? Cuz if so, you're an idiot.

The standard should be fair and reasonable. Judges should use their tiny little noggins to determine if each individual case lives up to that standard. The fact that some people will try to make a living bringing suits that are short of the standard should mean nothing but a waste of time.

Saying that a property owner has zero responsibility ("you can shop somewhere else") is not fair standard in my opinion.
2012-12-29 07:27:44 AM  
1 votes:

Jim_Callahan: Or, to use shorter words, maybe the state wasn't cool with it being possible to rape a company's wallet on the strength of bare assertion?


No kidding. That's a corporate racket, not for the individual little people.
2012-12-29 07:22:58 AM  
1 votes:

gadian: Worst slip-n-fall I ever did happened as I was leaving a Dr's appointment. Slipped like I was a cartoon character or something, legs completely over head, fell and cracked my head on a corner edge of the sidewalk leaving the entry area. Good thing it was just a short trip back up some stairs, I had no idea even really shallow head wounds bled that much.


Oh, so you gonna switch it on 'em?
 
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