Saw a nasty one tonite

[-CB-]

I gotta go get the deposition papers today, in a few minutes.... got the new front end on the Harley... got my black t-shirt and sunglasses.  Got the leather biker floppy cap, got the boots...  I'm not taking crap from those folks.  I'm sure they aim to give it.

Wish me luck, me hearties*


(*today is interNational Talk like a Pirate Day!  Really!  Just google it!~)

 

[Nando Vallart]

Not sure if I understand, you're going to give a testimony to the police?

 

[mayfly]

Not sure if I understand, you're going to give a testimony to the police?

I'm lost as well.  

In Canada, the medical bills would be paid, and no one would be found at fault unless a law was broken or there was some kind of criminal intent.  No lawyers or insurance - just "is she ok??".

So, what are you exactly going to do?

 

[blue313]

I gotta go get the deposition papers today, in a few minutes.... got the new front end on the Harley... got my black t-shirt and sunglasses.  Got the leather biker floppy cap, got the boots...  I'm not taking crap from those folks.  I'm sure they aim to give it.

Wish me luck, me hearties*


(*today is interNational Talk like a Pirate Day!  Really!  Just google it!~)

Yarrr, I missed this thread.  :laughing7:

Sorry you had to see that but at least she's going to be OK. 

 

[-CB-]

Not sure if I understand, you're going to give a testimony to the police?

Not quite, but sort of.  In her town there is "Animal Care and Control", aka The Dog-Catcher.

They came over the day after the accident, and took her dog away to the impound kennel, aka, The Pound.

Their beef is there was a complaint against her and the animal by the lady.  The dog-catcher didn't see any abuse, or neglect, or animal running free, but gave her a general complaint citation that is more like a warning, and impounded her animal, pending investigation.  The investigation would try to determine if the animal was dangerous, and that would lead to a BIG fine, or having the animal destroyed. 

The owner needed two witnesses to show what happened - and that the dog never really touched the lady who got hurt.  Thats where my deposition came in.  It was a written depo, made official through notary-public.

This wasn't a case of a mean snarly mongrel goin' after a local.  More like the dog ran out to see who was making a fuss in the front yard.  And its a case of one person trying to milk the system.  Her medical was covered, but the hospital can recover expenses from the dog owners insurance.  If there's no insurance, they probably wont go legal to try and recover a thousand dollars.  They'll just write it off.  The lady who was hurt though... she is probably thinking she won the Lottery, and planning her next vacation based on her winfall.

 

[hannaugh]

That's because Americans no longer tolerate accidents.  Nothing is simply an accident anymore, it's always an excuse to get something from someone. 

This lady fell at the shopping center that my mom used to have a shop in, and she broke her arm.  She sued the guy who owns the center even after he paid her medical expenses because her injury caused her to "not have a good time" on her vacation she had slated for a couple weeks after the accident.  It may be his fault that he didn't have the concrete redone after it cracked (tree roots, you know how it is), but it's certainly not his fault that it just happened to be right before her vacation.  But for some reason she felt she had the right to sue him for an extra ten grand. 

 

[-CB-]

That's because Americans no longer tolerate accidents.

Bingo!~ DING DING DING.... give that man a cigar!

You have the concept down perfectly.  Its the "I'm perfect" attitude.  Lack of humility.  My kids are perect.  Total lack of realism.  ... and on and on.

Accidents do happen.  Some accidents have a cause - ie the dog scared the lady.  Still its an accident.  Sure,she got hurt.  And her bills were covered.  So now, she's out for blood.  Out for money.  Out for a pound of flesh from right next to the dog owners heart.  Turn the tables - if it was HER dog, she'd be screamin' all over the place that folks were out to get her because she was an immigrant, etc etc.

How about this as a way to live:  Dont spread no crap, you wont take none.  Treat folks right, fess up and make up.  Lend a hand.  Know that there is a right and a wrong, and much less grey than the lawyers would have us believe.  Stick to your principles, no matter what.  And never,never, never,ever give in.  And whatever you do, dont drink from the fountain on the second floor in the Royale Hotel in the summer!

 

[Mor Paul]

That's because Americans no longer tolerate accidents.

Bingo!~ DING DING DING.... give that man a cigar!

You have the concept down perfectly.  Its the "I'm perfect" attitude.  Lack of humility.  My kids are perect.  Total lack of realism.  ... and on and on.

Accidents do happen.  Some accidents have a cause - ie the dog scared the lady.  Still its an accident.  Sure,she got hurt.  And her bills were covered.  So now, she's out for blood.  Out for money.  Out for a pound of flesh from right next to the dog owners heart.  Turn the tables - if it was HER dog, she'd be screamin' all over the place that folks were out to get her because she was an immigrant, etc etc.

How about this as a way to live:  Dont spread no crap, you wont take none.  Treat folks right, fess up and make up.  Lend a hand.   Know that there is a right and a wrong, and much less grey than the lawyers would have us believe.  Stick to your principles, no matter what.  And never,never, never,ever give in.  And whatever you do, dont drink from the fountain on the second floor in the Royale Hotel in the summer!

+100000...etc

Except, Hannah may sue you for calling her a man A lot has happened since you left, CB.

 

[hannaugh]

Yes I am female.  I do enjoy a cigar on occasion though.  :laughing7:

 

[OzziePete]

=CB= you didn't say what type of dog was involved in this accident, but my bets are it was something larger than say a Chihuahua! And perhaps a breed that might have a reputation?

I'm kinda reading between the lines here, but my guess is she is a foreign resident in your country (has legal papers?) and will have to foot the expensive medical bill and hospital bill herself if no one is going to pay - via insurance or through law suit. You mentioned in your op that she was Haitian, what rights do they have to medical insurance etc. in your country?

Your op also mentioned one vital fact that may end up the legal arguing point.

The Haitian lady tripped over the curb onto the street. In Australia, that indicated that she was off the private property and onto the footpath beside the roadway. If the dog stayed within the boundaries of the private property, not venturing outside of the property onto the footpath, and the lady was just startled by the advances of the dog and in the process tripped herself up on the curb & caused the injuries, then she will have a hard time convincing the law that the dog 'attacked' her. So legally, it is not so clear cut as she may think, as she may have to sue the City instead of the property owner!

In Australia, the local council is responsible for the footpaths of the streets. They spend $m each year in built up areas trying to make the footpath as best they can so they don't get sued by people if they trip over  an uneven surface and incur injuries. Obviously, in residential suburbia, there's just the grass verge from the street.

And yeah, I agree wholeheartedly about your comments about accepting that it was just an accident.

This happens a lot with my line of work, bus driving. If there's a bad accident involving a bus, the first thing the authorities will assume is that the bus driver did something wrong, and the people at the accident will also take that view too. Often, any one injured will accept that they will get to hospital and take time off work and once recovered, life will be back to normal. But often there's the time off work that proves a financial strain on the injured and they still have the bills to pay if they don't have insurance coverage, and sometimes they have to force a family member to pay their bills for them or look after them once they are released from hospital. Once other people are inconvenienced - financially or otherwise - that's when we find out that a lawyer gets involved with compensation claims and threats of suing the organisation or the driver etc.

 

[Mor Paul]

The Haitian lady tripped over the curb onto the street. In Australia, that indicated that she was off the private property and onto the footpath beside the roadway. If the dog stayed within the boundaries of the private property, not venturing outside of the property onto the footpath, and the lady was just startled by the advances of the dog and in the process tripped herself up on the curb & caused the injuries, then she will have a hard time convincing the law that the dog 'attacked' her. So legally, it is not so clear cut as she may think, as she may have to sue the City instead of the property owner!

I want you to find loopholes in school projects.

 

[MUYFUE]

Reason #437 I'm not a lawyer
Ridiculous...ridiculous-ness

I thought she and the dog actually made contact! Like it jumped on her or something.

So...basically, she got scared and fell? Sucks that she's out for blood, I'd be glad I was ok, and embarressed that I busted my own butt... :sad:

Sympathy decreasing...ridiculous-ness increasing.

 

[Rick]

sympathy factor is now very low.  she's gaming the system and should be punished.

 

[hannaugh]

There just needs to be a rule:  if you bring up a lawsuit that is stupid and you lose, then you and your lawyer get to split the court costs for everyone involved.  Somehow I think you'd see a lot fewer people trying to take advantage of stuff like this.

 

[jimh]

There just needs to be a rule:  if you bring up a lawsuit that is stupid and you lose, then you and your lawyer get to split the court costs for everyone involved.  Somehow I think you'd see a lot fewer people trying to take advantage of stuff like this.

Agree entirely.

 

[Mor Paul]

I don't know if the lawyer should have to split the cost. You pay the lawyer, he's just one of your employees. It should be up to the one filing the suit that pays. Lawyers could advertise splitting the cost if they fail, though.

 

[hannaugh]

No see, if the lawyers had to split costs, they wouldn't take these idiotic cases in the first place.  Usually the only reason these jerks can get lawyers is because there is a possibility to get a huge payoff for them.  If there was more risk involved for the lawyer, you wouldn't see this type of thing come up very often. 

 

[-CB-]

1.  Yes.  Yes. Yes, yes-yes, and yes. 

2.  In this country, someone can sue for just about any reason, and... of course things are never all or nothing.  Such as, ok its the city's crap sidewalk but the dog is responsible for 43.77 percent of the damage award because it was 35.91 percent at fault.  Our legal system is downright annoying at times.

3.  How do we in fact know that Hanna or Hannaugh isn't a man?  I mean, you don't take my word for not being from planet Phrenguss.  Its all just hearsay anyway.

4.  Yellow journalism in action:  I sent an IM to Max stating my opinion that Hanna may be a man, therefore I can legally say Max has information that Hanna may be a man.  Now you both can sue me.

Yah.. rough day.

 

[OzziePete]

I don't know if the lawyer should have to split the cost. You pay the lawyer, he's just one of your employees. It should be up to the one filing the suit that pays. Lawyers could advertise splitting the cost if they fail, though.

Ever heard the term 'ambulance chasers' Max? Some lawyers make $$ taking civil claims for compensation like this and  make a killing. I have even heard of Nurses and Drs. being given spotters fee's by lawyers for referrals from people injured in incidents like this and ending up in hospital.

Some lawyers will also encourage the absurd cases instead of dissuading the 'victim' to accept that it was an accident and slim chances of a successful result in court. Often they will sue, hoping the defendants' will want to settle out of court, knowing that if it does get to court, there's a less chance of getting a decent payout.

So yeah, getting the lawyers to pony up half the costs of the winning side would be nice, but in Australia, the legal system and lawyers, solicitors and barristers (as we have here, essentially it's a British system) are all in a closed shop enclave, and the thought of one of their own having to pay for their 'brother's' fees would be unpalatable to many of them. I doubt The Law Society (lawyers' association in Australia) would stand for it.

 

[OzziePete]

2.  In this country, someone can sue for just about any reason, and... of course things are never all or nothing.  Such as, ok its the city's crap sidewalk but the dog is responsible for 43.77 percent of the damage award because it was 35.91 percent at fault.   Our legal system is downright annoying at times.

Yes, we have a similar system in Australia for compensation.

But the lawyer has to be careful and get all parties into the suit. If they just chase the property owner, the first thing that will be defended is that the incident occurred outside of their control/responsibility. Alternatively, if the City is just sued, they will claim a situation that was started on a private property that led to the injuries.

So unless the lady's lawyer sues both the City Council & the property owner and pleads the situation in such a manner that it does imply both of the defending parties had a case to answer, they will end up either losing the case or poorly compensated.

(Just because the lady tripped over is not 'just cause' that the City has a case to answer, the plaintiffs have to prove some sort of negligence or neglect of their Duty of Care to the people,of the city. In other words, the plaintiffs will have to prove that there was a risk that had been evident to the City Council that they had not fixed in reasonable time etc. and that they were therefore negligent in their responsibilities. Not just, I tripped over and hurt myself so bad that I had to go to hospital, so because this happened on the street, the City Council has to foot the bill.)

More than likely, this matter will get fudged for about 2 or more years, then settled out of court when the defending parties believe the lady has just about had enough. After costs of her own lawyer, she might be lucky to get $10K left.