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I've never been sued like this before and I don;t know how I got caught up reading this thread, but I think Monty may be onto something. Only thing I don't get is if it did somehow go to a trial, wouldn't the OP have to lie in court if they try to completely deny it happened in their home?
Do you any lawyers here have an opinion on this?
And what about the manufacturer of the chair(s)...wouldn't some liability fall on them?
I've never been sued like this before and I don;t know how I got caught up reading this thread, but I think Monty may be onto something. Only thing I don't get is if it did somehow go to a trial, wouldn't the OP have to lie in court if they try to completely deny it happened in their home?
Do you any lawyers here have an opinion on this?
And what about the manufacturer of the chair(s)...wouldn't some liability fall on them?
Something akin to the 'Coffee is very hot' label?
Warning: Chair rated to 250 pounds. Manufacturer is not liable for fat arses, chair tippers, or any misuse of chair.
I've never been sued like this before and I don;t know how I got caught up reading this thread, but I think Monty may be onto something. Only thing I don't get is if it did somehow go to a trial, wouldn't the OP have to lie in court if they try to completely deny it happened in their home?
Do you any lawyers here have an opinion on this?
And what about the manufacturer of the chair(s)...wouldn't some liability fall on them?
The only lawyers with enough time to read and form an opinion on this would probably take the case.
Depends on what the pre-existing condition actually is if that will work and what the old injury "acting up" is worth.
Yes, it depends. We don't have any information about what the injury is, or what her claim will be, so I am positing a worst-case scenario in an effort to demonstrate why the OP should notify her insurance company. You're going way off into medical-land and it's completely unnecessary unless you want to argue the ultimate value of the case. That is beyond the purposes of this thread.
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Another huge thing you are missing here also includes the plaintiff being required to prove that the defendant acted intentionally or negligently and the plaintiff must prove that the defendant's actions were the direct cause of injury. So he was a psychic and knew the chair was going to break and sat the RE lady down there instead of letting her choose any chair she wanted to sit in? What if the RE lady was extremely fat, too fat for a normal chair to hold? Whose fault is that?
She will claim that the chair was old, broken, or in a state of disrepair, and that the OP had notice of this condition and exclusive control over the chair since it was in his house. It may be difficult to prove, but it will cost a good bit of time and money to defend against, which is something the insurance company should be doing.
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BTW, here's the actual meaning of eggshell plaintiff and it makes no difference in what we are talking about anyway so I don't see why you are spouting this particular piece of jargon and can only conclude that you don't understand it. Where were we discussing a person hurt who was more susceptible to injury than another person in which the defendant had to pay more to restore the particular individual to health than he would have if he injured another individual instead? There was no mention of that situation at all in this thread. Eggshell plaintiff is there to stand against awards being standardized to fit a generic person. If someone who is 89 gets the same injury as someone who is 18, who do you think it will cost more to restore to health? Eggshell plaintiff protects against standard awards that only pay what it costs for your average 18 year old to be restored to health and ensures that the 89 year old will get the appropriate care no matter that it is higher in cost.
Again, I offered it as a worst-case scenario. We don't know what she will ultimately allege, or what her condition was prior to the fall, so the smart thing is to notify your insurance instead of nonchalantly tossing the letter in the garbage because you, in your expert medical opinion, don't think she was injured in any way.
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As for whether she really "did" get a new injury ... as for your example, how can you break your hip and not know it? How can you break your hip and be able to walk out of there on your own steam? Any new injury that you can't even tell happened until you figure it out sometime later is most likely not going to be worth much in a lawsuit anyway, let's face it. In the real world. Attorneys who are good DO NOT have valuable time to waste with petty loser cases.
It happens all the time, trust me. It could be a small chip/avulsion fracture, or perhaps a tear of the meniscus that requires surgery to repair, etc. - all things that you can walk away from but will ultimately require treatment. Perhaps in your fantasyland all lawyers are good and only take good cases but I have it on good authority that our court system is chock full 'o crappy cases filed by barely-competent lawyers scrounging for business, even if the case only merits a $5000 nuisance value settlement.
Do you disagree that the OP should notify his insurance company? Because really that's all I'm arguing. The rest is just real-world examples of why Monty has no idea what he's talking about.
You still haven't answered the bazillion dollar question: How the #&*$ does this lady expect to prove where this happened?
*sigh* Again I'm forced to explain the legal system to you. If this woman chooses to file a lawsuit, she will ALLEGE that it happened in the OP's home. After paper discovery is exchanged, she will give testimony at a deposition, wherein she will testify that it happened, and how it happened. The OP will also be called upon to tesify at a deposition. He can either tell the truth and say it did happen, or lie, and say he's never seen her before. The finder of fact, usually a jury in personal injury cases, will then determine who to believe.
*sigh* Again I'm forced to explain the legal system to you. If this woman chooses to file a lawsuit, she will ALLEGE that it happened in the OP's home. After paper discovery is exchanged, she will give testimony at a deposition, wherein she will testify that it happened, and how it happened. The OP will also be called upon to tesify at a deposition. He can either tell the truth and say it did happen, or lie, and say he's never seen her before. The finder of fact, usually a jury in personal injury cases, will then determine who to believe.
It will get that far for a $5000 valuation settlement.
Please continue educating me.
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