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Do I have a lawsuit ya think?
Posted by: Rog ()
Date: January 19, 2009 12:41PM

Last thursady at the Tallica concert my wife tripped on a broken step at the verizon center and tumbled down about 6 steps before her shoulder plowed into a hand rail and stopped her. Did a accident report, went to the dr and got xrays and checked out etc. She is bruised up and sore all over like she was in a car accident pretty much. Everyone at verizon center were @holes and did nothing about the faulty step or anything.

contacted a few lawyers and am waiting to hear back. Has anyone every tried to do something like this before?

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Re: Do I have a lawsuit ya think?
Posted by: Dan O. ()
Date: January 19, 2009 12:43PM

How much did she have to drink?

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Re: Do I have a lawsuit ya think?
Posted by: Rog ()
Date: January 19, 2009 12:44PM

Nothing at all. We just walked in and drove from work.

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Re: Do I have a lawsuit ya think?
Posted by: dono ()
Date: January 19, 2009 12:45PM

court costs and Dr.'s costs

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Re: Do I have a lawsuit ya think?
Posted by: Deamon ()
Date: January 19, 2009 12:47PM

Rog....You're going to sue over a few bumps and bruises? Get a frigging life!!!

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Re: Do I have a lawsuit ya think?
Posted by: Voter ()
Date: January 19, 2009 12:54PM

This is the problem with our legal system. People like you put the cart before the horse and decide to sue based on whether they think they can get money, rather than trying to address a problem. Are you trying to get them to fix the step? Do you have unreimbursed medical expenses? Why not start outside the legal system and see if you can accomplish your goals. If not, then decide whether any remaining issues are serious enough to file a lawsuit. Don't clog up the courts because you think you might be able to get a few bucks.


Rog Wrote:
-------------------------------------------------------
> Last thursady at the Tallica concert my wife
> tripped on a broken step at the verizon center and
> tumbled down about 6 steps before her shoulder
> plowed into a hand rail and stopped her. Did a
> accident report, went to the dr and got xrays and
> checked out etc. She is bruised up and sore all
> over like she was in a car accident pretty much.
> Everyone at verizon center were @holes and did
> nothing about the faulty step or anything.
>
> contacted a few lawyers and am waiting to hear
> back. Has anyone every tried to do something like
> this before?

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Re: Do I have a lawsuit ya think?
Posted by: Steve ()
Date: January 19, 2009 01:02PM

Voter Wrote:
-------------------------------------------------------
> This is the problem with our legal system. People
> like you put the cart before the horse and decide
> to sue based on whether they think they can get
> money, rather than trying to address a problem.
> Are you trying to get them to fix the step? Do
> you have unreimbursed medical expenses? Why not
> start outside the legal system and see if you can
> accomplish your goals. If not, then decide
> whether any remaining issues are serious enough to
> file a lawsuit. Don't clog up the courts because
> you think you might be able to get a few bucks.
>
>

I agree - give Verizon Center a chance to reimburse the costs and fix the faulty step. If they wont cover the Dr. costs or you continue to hit walls on that route - THEN move forward with legal action.

Faulty step or not, your wife would've probably tripped anyways - so who would you sue then, God?

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Re: Do I have a lawsuit ya think?
Posted by: SRE ()
Date: January 19, 2009 01:16PM

Rog Wrote:
-------------------------------------------------------
> Nothing at all. We just walked in and drove from
> work.


Ahhhh..... I see the problem, you walked in and (then) drove from work!

...

Like others have asked, what are you attempting to get from this action?

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Re: Do I have a lawsuit ya think?
Date: January 19, 2009 01:20PM

Personally, I think you have a case. Especially if that step was reported previously and Verizon did nothing about it (which is very possible).

However, expect this. If your wife was drinking at all, Verizon's lawyers are going turn her into a drunken, coke-headed whore by the end of this.

I think you should have a lawyer contact them and ask to be reimbursed for your medical expenses and to do something about the step. Other than that, you are being greedy and stupid.

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Re: Do I have a lawsuit ya think?
Posted by: Norman Conquest ()
Date: January 19, 2009 01:36PM

Sue Verizon for all you can get out of those scumbags.

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Re: Do I have a lawsuit ya think?
Posted by: 496 ()
Date: January 19, 2009 01:51PM

If you gotta phone, you gotta lawyer

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Re: Do I have a lawsuit ya think?
Posted by: jimW ()
Date: January 19, 2009 01:51PM

i think you should contact Verizon center. let them know you have lawyer that will be contacting them. let them know how this has impacted you. leave out emotional or psychological damages. the only reason i say that you should contact them yourself is that your lawyer may see a shot at some business and will drag you through the entire court game. he'll be in court for something else anyways, why not try to get some extra business using you. whereas if you settle with them, they send a check, adn you never had to go to set foot in a courthouse.

get some dated pictures of the step.

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Re: Do I have a lawsuit ya think?
Date: January 19, 2009 02:06PM

Rog Wrote:
-------------------------------------------------------
> Last thursady at the Tallica concert my wife
> tripped on a broken step at the verizon center and
> tumbled down about 6 steps before her shoulder
> plowed into a hand rail and stopped her. Did a
> accident report, went to the dr and got xrays and
> checked out etc. She is bruised up and sore all
> over like she was in a car accident pretty much.
> Everyone at verizon center were @holes and did
> nothing about the faulty step or anything.
>
> contacted a few lawyers and am waiting to hear
> back. Has anyone every tried to do something like
> this before?

By the way. While you were planning your multi-million dollar lawsuit while your wife was still writhing in pain, did you think of getting some names and addresses of the witnesses? Otherwise, you have no way of establishing that what you said actually occurred (injuries could have occurred anywhere).

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Re: Do I have a lawsuit ya think?
Posted by: Jester ()
Date: January 19, 2009 02:11PM

Verizon Center should cover the DR's bills. If they refuse then get a lawyer. Expect Verizon center lawyers to make her look like and idiot and look at her past medical records etc... If you do win you will not profit, you'll just get a percentage of medical bills paid. That's after filing, etc... headaches.

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Re: Do I have a lawsuit ya think?
Posted by: The Congressman ()
Date: January 19, 2009 03:33PM

Hire a lawyer and pay him well.

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Re: Do I have a lawsuit ya think?
Posted by: Lurker. ()
Date: January 19, 2009 05:36PM

Rog,

ToneLoc is correct. You need to prove that the Verizon Center was negligent.

1) That Verizon Center knew the defect was there and dangerous but did nothing to correct the situation in a REASONABLE fashiom.

2) The defect was patent and not latent defect. That a reasonable person could of not forseen the accident. (IE - The step broke because Verizon Center was cutting costs, a manager knew it was dangerous and said don't fix it.) Generally, if a person can SEE the defect or there was sign but is injuried by it, then you don't have a case.

Good explaination:

negligence
n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving. Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. If the injury is caused by something owned or controlled by the supposedly negligent party, but how the accident actually occurred is not known (like a ton of bricks falls from a construction job), negligence can be found based on the doctrine of res ipsa loquitor (Latin for "the thing speaks for itself"). Furthermore, in six states (Alabama, North Carolina, South Carolina, Tennessee, Virginia, Maryland) and the District of Columbia, an injured party will be denied any judgment (payment) if found to have been guilty of even slight "contributory negligence" in the accident. This archaic and unfair rule has been replaced by "comparative negligence" in the other 44 states, in which the negligence of the claimant is balanced with the percentage of blame placed on the other party or parties ("joint tortfeasors") causing the accident. In automobile accident cases in 16 states the head of the household is held liable for damages caused by any member of the family using the car under what is called the "family purpose" doctrine. Nine states (California, New York, Michigan, Florida, Idaho, Iowa, Minnesota, Nevada, Rhode Island) make the owner of the vehicle responsible for all damages caused by a driver given permission to use the car, whether or not the negligent driver has assets or insurance to pay a judgment. Eight states (Connecticut, Massachusetts, New Jersey, Oregon, Rhode Island, Tennessee, Virginia, West Virginia) allow the owner to rebut a presumption that the driver was authorized to use the car. Negligence is one of the greatest sources of litigation (along with contract and business disputes) in the United States.



Edited 1 time(s). Last edit at 01/19/2009 05:52PM by Lurker..

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