New law says new york state not responsible if you get hurt on public property from a pot hole or cracked side walk or any unsafe structure if nobody files a complaint before hand

[Hunter007]

Ok here is the story someone I know fell in a town park on the side walk that was uplifted by tree roots  they fell on there face broke there glasses cut up there nose knee pretty bad  . Called  cops and ambulance right away they took  the person to the hospital  .

Now there getting medical Bill for it  talk to village they  give insurance info file claim 

Then 2 months later insurance says  there not paying because nobody filed a complaint before hand   about that side walk  being mess up .

Unreal .

They have picture of it and police report. 

It is not like the roots magically pushed up the side walk overnight .

Now this person probably going to have to sue and then it's going to cost them 10 × more now go figure. 

They said the  insurance lady said that is  the law they have in  new york . 

I know that can't be right .

Or is it ?

Or maybe that just protects the insurance depending on what is in the village insurance policy .

Edited October 10, 2019 by Hunter007

[turkeyfeathers]

Holy crap long thread title! 

[land 1]

dont mean to be rude but they tripped, not my norm but dont think the the town should not pay they offer a park to walk and enjoy by all maybe people should pay attention where they walk

[Hunter007]

1 hour ago, land 1 said:

dont mean to be rude but they tripped, not my norm but dont think the the town should not pay they offer a park to walk and enjoy by all maybe people should pay attention where they walk

Side walk suppose to be level by code . 

That's the point of them .

They collect millions in tax and don't even bother to fix the most basic of things how much does it take to  patch a side walk in a park give me a break and this is in Westchester high tax area .

And to add insult to injury they don't even offer to pay for the medical Bill's  . Give you the run around and force you to get a lawyer .

 

 

 

Edited October 10, 2019 by Hunter007

[Hunter007]

[Marion]

Side walk suppose to be level by code . 
That's the point of them .
They collect millions in tax and don't even bother to fix the most basic of things how much does it take to  patch a side walk in a park give me a break and this is in Westchester high tax area .
And to add insult to injury they don't even offer to pay for the medical Bill's  . Give you the run around and force you to get a lawyer .
 
 
 

Not for nothing but seems like your friend is a bit of an ambulance chaser and looking for an "easy" money grab

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[Hunter007]

47 minutes ago, The Jerkman said:

Not for nothing but seems like your friend is a bit of an ambulance chaser and looking for an "easy" money grab

Sent from my SM-G935V using Tapatalk
 

For wanting them to pay there  medical Bill's? They don't want any money except to pay for medical Bill's  and there glasses that got broke 

 you can guarantee when one of the village workers  gets hurt on public park property they pay them. 

Not like they even want to sue .

There  insurance is supposed  pay with out issue  for things like that. 

 

Edited October 11, 2019 by Hunter007

[Bionic]

Yeah, I work for a Parks system for 16 yrs, we do a lot of preventative inspections, work, etc to maintain equipment, and grounds in order to be able to prove ourselves later on if a lawsuit is filed. The amount of lawsuits that are filed is aggravating, most are lies, and are simply people who are leaches on society looking for a free ride through life.  So aggravating, wish we could bill the liars who filed a false lawsuit for our labor, etc that was wasted.  

Hunter- the above is just a general rant, not directed at you, or your friend.  However, that sidewalk pic you posted...is that the actual sidewalk your friend tripped on? If so that is negligent, and purely irresponsible of the park.  Also, is it the actual park’s department’s sidewalk, or like the city of NY’s road department sidewalk? Not sure how it works down by you.  Honestly, if he/she sued I cannot see how the sidewalks owner/municipality would not be responsible, like you said that developed over years or root grow, and winter frost heaving/etc.  I am big believer in being responsible for yourself, and not a fan of lawsuits though. 

[Hunter007]

3 minutes ago, Bionic said:

Yeah, I work for a Parks system for 16 yrs, we do a lot of preventative inspections, work, etc to maintain equipment, and grounds in order to be able to prove ourselves later on if a lawsuit is filed. The amount of lawsuits that are filed is aggravating, most are lies, and are simply people who are leaches on society looking for a free ride through life.  So aggravating, wish we could bill the liars who filed a false lawsuit for our labor, etc that was wasted.  

Hunter- the above is just a general rant, not directed at you, or your friend.  However, that sidewalk pic you posted...is that the actual sidewalk your friend tripped on? If so that is negligent, and purely irresponsible of the park.  Also, is it the actual park’s department’s sidewalk, or like the city of NY’s road department sidewalk? Not sure how it works down by you.  Honestly, if he/she sued I cannot see how the sidewalks owner/municipality would not be responsible, like you said that developed over years or root grow, and winter frost heaving/etc.  I am big believer in being responsible for yourself, and not a fan of lawsuits though. 

No but  I saw the actual spot it's just as bad and  was left like that for years  .

Right after they fixed it they know they mess up  it's a village park only residents can go there .

All they want is for them to pay the medical bills and the glasses they broke that's all they don't want to get rich off this 

 

 

 

 

pass to get in .

 

 

Edited October 11, 2019 by Hunter007

[Bionic]

21 minutes ago, Hunter007 said:

you can guarantee when one of the village workers  gets hurt on public park property they pay them.

What?

the village worker would either be paid through worker’s comp if his injury occurred during work.  If he was there on his own time he would have to use his health insurance to pay his medical bills.  The municipality is not going to just throw him/her money for his medical bills.

[Bionic]

1 minute ago, Hunter007 said:

No but  I saw the actual spot it's just as bad and  was left like that for years  .

Right after they fixed it they know they mess up 

 

The municipality would definitely lose a lawsuit then, or have to settle out of court.  

No way around that in my opinion. 

[Hunter007]

2 minutes ago, Bionic said:

What?

the village worker would either be paid through worker’s comp if his injury occurred during work.  If he was there on his own time he would have to use his health insurance to pay his medical bills.  The municipality is not going to just throw him/her money for his medical bills.

Insurance no ?

[Hunter007]

5 minutes ago, Bionic said:

The municipality would definitely lose a lawsuit then, or have to settle out of court.  

No way around that in my opinion. 

Sad part is the medical bills only  few  thousand I think . 

If you go to the lawyer he will sue for more to cover his time 

It's crazy it's like the system is set up so you have to get a lawyer involved  no matter what. 

 

 

Edited October 11, 2019 by Hunter007

[Bionic]

Just now, Hunter007 said:

Insurance no ?

Yes, but the municipality will not just throw their injured employee money if he/she was injured on their property if they were not on “work time”.  The employee would have to handle is as he was anyone else.  However, if he was working, and on the clock, he would file an “accident report” with the municipal employer, and deal with workers comp to get back his insurance co-pays, and back his “sick time” he/she used as a result from his “on the clock” injuries.  I believe you get back 80% of your sick time used.

[Bionic]

4 minutes ago, Hunter007 said:

Sad part is the medical bills only  few  thousand I think .

If you go to the lawyer he will sue for more to cover his time 

It's crazy it's like the system is set up so you have to get a lawyer involved  no matter what. 

 

 

I hear you, its the crazy world we live in i guess.  I would imagine this is a tactic to try to lower the amount of fake lawsuits, where people are trying to scam. 

I have dealt with a lot of scam lawsuits in my career.  Most were complete lies...lots of wasted time dealing with it.

We do soooo much documenting, routine inspections on structures/grounds to protect ourselves , you might be surprised.  I know I was when I started.  

Edited October 11, 2019 by Bionic

[DirtTime]

Stormy, you have links to this new law? When was it enacted?

 

My wife got the call for Jury duty this past Summer. She was hoping she would get out of it, but nope. She got selected. Woman won a decent chunk of change for falling off the sidewalk where a section was crumbling. This was last August. I can't be made aware of details, so I cannot post them here. But, I will tell you this, I have no reason to BS anyone on this site!

 

Unless you post a link to this new law, I'm calling BS! Got a link to the story? Something!

 

 

[Hunter007]

1 minute ago, Bionic said:

I hear you, its the crazy world we live in.  I would imagine this is a tactic to try to lower the amount of fake lawsuits, where people are trying to scam. 

Yeah but when it's documented witnesses the cops the ambulance shows up  there are

 Cell phone Pictures of the  smess up  side walk and 

Bloody face ,  xrays  their are  pictures 

They no it's not a scam .

At least this isn't 

They just want you to use  lawyer seems  like 

[Hunter007]

3 minutes ago, DirtTime said:

Stormy, you have links to this new law? When was it enacted?

 

My wife got the call for Jury duty this past Summer. She was hoping she would get out of it, but nope. She got selected. Woman won a decent chunk of change for falling off the sidewalk where a section was crumbling. This was last August. I can't be made aware of details, so I cannot post them here. But, I will tell you this, I have no reason to BS anyone on this site!

 

Unless you post a link to this new law, I'm calling BS! Got a link to the story? Something!

 

 

I don't know if that's the real Law  that's what the insurance agent told my friend on the phone could be bullshitt to find out they are going to talk to a attorney now .

Edited October 11, 2019 by Hunter007

[DirtTime]

6 minutes ago, Hunter007 said:

I don't know if that's the real Law  that's what the insurance agent told my friend on the phone could be bullshitt to find out they are going to talk to a attorney now .

So, once again you are talking out of your a$$. Man, I keep trying to give you the benefit of the doubt, but you just keep posting crap during a season where you should be hunting.

Troll!

[Hunter007]

8 minutes ago, DirtTime said:

So, once again you are talking out of your a$$. Man, I keep trying to give you the benefit of the doubt, but you just keep posting crap during a season where you should be hunting.

Troll!

I posted it to find out the truth thats the point 

If I new I wouldn't have asked 

Maybe you missed it so I will post the last part here again .

 

"They said the  insurance lady said that is  the law they have in  new york . 

I know that can't be right .

Or is it ?

Or maybe that just protects the insurance depending on what is in the village insurance policy ."

 

 

Edited October 11, 2019 by Hunter007

[DirtTime]

1 minute ago, Hunter007 said:

 

If I new I wouldn't have asked 

Classic words from you.

 

GO HUNTING! It does the body and mind good!

 

Done with this crap. I have to get up at 5 AM to hit the woods with my bow. I have no time to keep dealing with your arbitrary posts.

 

If you ever get your 4$$ in the woods to hunt, let us know. We all love those pics of guard rails and trail heads from the ADK's. Best of luck to you on your hunting adventures.

[Hunter007]

Just now, DirtTime said:

Classic words from you.

 

GO HUNTING! It does the body and mind good!

 

Done with this crap. I have to get up at 5 AM to hit the woods with my bow. I have no time to keep dealing with your arbitrary posts.

 

If you ever get your 4$$ in the woods to hunt, let us know. We all love those pics of guard rails and trail heads from the ADK's. Best of luck to you on your hunting adventures.

Take it easy on. The coffee shzzz

[Bionic]

11 hours ago, Hunter007 said:

Yeah but when it's documented witnesses the cops the ambulance shows up  there are

 Cell phone Pictures of the  smess up  side walk and 

Bloody face ,  xrays  their are  pictures 

They no it's not a scam .

At least this isn't 

They just want you to use  lawyer seems  like 

I wasn’t insinuating your friends situation was a scam, just making a basic point that everyone needs to cover their backsides with these situations due to so many scams.  

[ncountry]

14 hours ago, Hunter007 said:

Haven't read the entire thread yet...but...... holy crap batman. If you aren't smart enough to walk carefully over this area than you shouldn't be out walking without a handholder..

Take some personal responsibility!.wow. I dont want to even get started..lol

 

Edit.. " you" as a generalization 

Edited October 11, 2019 by ncountry

[Hunter007]

1 hour ago, ncountry said:

Haven't read the entire thread yet...but...... holy crap batman. If you aren't smart enough to walk carefully over this area than you shouldn't be out walking without a handholder..

Take some personal responsibility!.wow. I dont want to even get started..lol

 

Edit.. " you" as a generalization 

That is  not the spot  couldn't  find a exact example   it is  more like a 6 inch bulge like a  speed bump with crack running on top if you can imagine  . But the point of a side walk is its supposed to be level surface by code it has to be that way .

Same with a road it's not supposed to look like the surface of the moon .

Btw there elderly .  Side walks got to be safe for older folks to, And kids  and wheelchairs   you know it's a park side walk  .  they don't even want to pay for the ambulance that's redicluse. 

Edited October 11, 2019 by Hunter007