Failure to keep a proper lookout is contributory negligence in most states. In some states such as Alabama, District of Columbia, Maryland, North Carolina, or Virginia, any contributory negligence on the part of a plaintiff will be a complete defense no matter who the defendant may be. Other states have longstanding law that if the defendant is a governmental entity, then any contributory negligence on the part of a plaintiff will prevent the plaintiff from obtaining a judgment against that defendant. (For example, Indiana’s comparative fault law is not applicable to lawsuits brought against governmental entities and thus any contributory negligence on the part of a plaintiff acts as a complete bar to any recovery of damages. If a jury determines that the injured party is just 1% at fault, the injured party will not receive any damages even though the City or State may have been 99% at fault. Consequently if a person fall downs on the property owned or maintained by a governmental entity, Indiana law recognizes that if the plaintiff was at fault for not looking where he is stepping, then such a plaintiff may not recover any monetary damages.)
In addition to legitimate falls, there is growing concern about people faking falls. (See video above.) A person may have a conscious or unconscious incentive to get out of work or to see a health care provider for a chronic condition at someone else's expense. This unfortunate scenario seems to becoming more common in our litigious society. A growing group of people have now been caught purposely tripping on sidewalks and in stores. Doesn't it seem a bit too coincidental that a person's best friend or relative just happens to catch the fall all on video? The video is almost always impressive and is typically used like a crowbar to extract a settlement offer or ultimately threatened to be used to inflame a jury. Think about it! What are the odds that a friend or family member just happens to video a fall? (Some staged fall videos are included below.)
Uneven concrete is a common, unavoidable consequence of sidewalks being exposed to the extremes in weather. It is impossible to have completely level outdoor sidewalk surfaces. Particular caution needs to be exercised with regard to manhole covers, drains and gratings. From our early youth we are taught, "watch your step." Yet whenever someone falls, they are quick to blame their fall on someone else and almost never except responsibility for their own failure to keep a look out. Lookout is so important that it is hard to navigate anywhere without our sense of sight. Yet those who refuse to lookout for their own safety often expect juries to ignore their common sense when interpreting the law which requires people to exercise reasonable care for their own safety. Being careful while walking around uneven surfaces or slippery areas is common sense; however, when someone falls, they are often looking for "cents" that add up to large dollar verdicts or settlements. It is no wonder that the cost of doing business, procuring insurance or running a governmental entity in the U.S. has become so cost prohibitive in this litigious society.
A man is under a duty to use common and ordinary caution for his own good. Even if a defendant being at fault will not dispense with the requirement that the plaintiff must use ordinary care for himself. While perhaps one may expect to encounter less trip hazards indoors, ignoring potential trip hazards while walking outdoors is simply not responsible.
Article Sources include:
http://EzineArticles.com/?expert=Lance_Winslow
http://www.youtube.com/watch?v=Pms4EkLI_NA
How to Fake A Fall
Faking A Fall To Get Out of School
Best Ways To Hurt Yourself at Work
Fake Fall Down For T.V.
Youtube Video above.
Posts
36 comments:
Wow, bet you could really hurt yourself faking a fall.
Starts out as a joke and you get a real injury?
(tripping on sidewalks)
…I have some expert experience with this being in the concrete construction trade for 20+ years before my video career.
(Uneven concrete is a common, unavoidable consequence of sidewalks being exposed to the extremes in weather.)
…and this is totally avoidable with the proper use of reinforcement. Properly reinforced concert cracks but does not lift and separate, and can maintain this condition for 20+ years. Some of the driveways I installed 30+ years ago still look great without any separation and lift. And this is in Chicago’s extreme climate. Proper reinforcement takes time, and I have worked for contractors who ignore this step for the few extra bucks saved in labor. These guys know they have about 10 years before their errors are discovered.
I wrote a book about this, complete with illustrations, but have not had it published…want it for your litigation? I also have a video on properly poured concrete. Watched it a few years ago, DAM I looked good when younger, with the tan and all those muscles.
(What are the odds that a friend or family member just happens to video a fall?)
...Depends, video camera’s are everywhere, dozens have captured the asteroid strike, a once in a decade event.
(slip on ice)
...Do NOT use salt on ice on concrete. It will destroy the surface causing scaling and more trip traps.
Use a deicer or sand. The sand will blow away by spring and be absorbed by the surrounding soil...environmentally safe.
Ever see an old driveway where there is scaling in the area where a car was parked? That is from the road salt dripping onto the driveway from the undercarriage. Good idea to wash ones driveway in the spring with a mixture of 30% bleach added to water. Removes the salt and will whiten it as well.
The point is business owners and the city can't fix every sidewalk. You have tens of thousands of people walk over the same spot and only one in ten thousand fail to keep a look out and trip. That same guy than wants lots of money.
Hey, I make money on these cases. What you trying to do hurt the economy?
Video guy, if you don't salt, these jerks slip on the ice and then sue for big bucks.
When I fall on something, first thing I do is look around to make sure I didn't embarrass myself infront of others. Last thing I would ever think of is to sue or blame someone else when I was not looking where I was walking.
With all the people videoing the world, you might catch an unexpected event on surveillance cameras. However, when a friend or relative just happens to videotape your fall, it is likely to be staged. That's just my opinion but...
(Video guy, if you don't salt, these jerks slip on the ice and then sue for big bucks.)
…Like I said, use a deicer or sand.
(However, when a friend or relative just happens to videotape your fall, it is likely to be staged.)
…IDK, I always have a camera ready, if a plane fell from the sky near me I’d most likely have it on tape. Catching family and friends falling is not all that unusual, people are making millions off these tapes…ever hear of “Americas Funniest Videos” ?
Go away spammers, we were having an interesting debate.
First, thanks for the citations.
My experience is that the government is slowly going broke. In the case of states like Illinois, they already are broke!
The fact is that sidewalks expand, contract and deteriorate. They can't all be replaced or repaired. The most severe problems are fixed first. The sidewalks are rated in order of priority. That way, the money is spent to fix the worst problems first.
Not a perfect world, but come on. Watch where you are walking people.
Well, the government could raise everyones taxes by $1,000 and then fix more sidewalks...
On second thought, just cheaper for me to look where I am walking.
As a tax payer the thought of paying more taxes is disgusting as is the thought that I have to pay for adults who never learned as children to keep a lookout where they are stepping.
Come on, most of the holes and cracks are clearly visible. Open your eyes people!
Problem with people is they don't want to take responsibility for themselves. I taught my children to watch where they were walking and to not blame others when they didnt. Now days, people make too many excuses and are always looking for a quick buck.
I find a lot of the Funniest Home Video shows to look staged.
I think people are after money. Win the big prize. Sometimes, not only do you not win, you hurt yourself.
Personally, I never felt any sypathy for people who fall down. I really think most occur because people are just being careless and not looking where they are walking. However, after looking as some of your video citations, I am beginning to wonder just how many falls are actually staged for publicity or for money.
People do legitimately fall down!
I do agree that most of the time at least part of the blame is on them. But don't assume that every fall or injury is fake.
Ginger said:
“The fact is that sidewalks expand, contract and deteriorate. They can't all be replaced or repaired. The most severe problems are fixed first.”
That what expansion joints are for.
Here is the real problem with public walks. Their 5” thick and a 6-bag mix = excellent for compression tensile force.
But no reinforcement = bad for stress tensile force like movement.
The thinking is, reinforced concrete is really tough (duh) and hard to breakout should we need to repair the water/sewer lines beneath them. I think this rule was written when they broke out concrete with sledgehammers by hand, and not changed.
What you now have is thirty squares of public walk, shifting and heaving to save time in replacing two squares of walk…should they ever need to.
With today’s modern equipment for tearing out concrete this practice of not reinforcing public walkways needs to be changed.
(-)(-) said:
“As a tax payer the thought of paying more taxes is disgusting as is the thought that I have to pay for adults who never learned as children to keep a lookout where they are stepping. Come on, most of the holes and cracks are clearly visible. Open your eyes people!”
When I tripped on an uneven sidewalk crack on a jobsite I knew it was there. I pulled up to the job and noticed the 2” lift in the public sidewalk right away, and thought to myself, “Someone is going to trip on that”.
Went into the backyard of the residence where my crew was busy framing up a garage floor, sidewalks and patio. About 30 min later I was rushing out to my truck to retrieve something and tripped on the 2” lift I noticed upon arriving…almost hit the ground but did an amazing dance to keep my balance. I was pisst’ because I knew it was there, but I had many things on my mind when I tripped.
Most people are not thinking of a danger in the surface they are walking on, especially in a supermarket or mall where wet surfaces are as dangerous as an uneven sidewalk. They are thinking about shopping.
When replacing public walks the village usually asks the homeowner to pay half the cost in front of their house.
(I do agree that most of the time at least part of the blame is on them. But don't assume that every fall or injury is fake.)
exactly…I dare anyone who thinks a fall cannot cause an injury to walk out on some concrete and just drop to your knees. If you did not shatter your kneecap you most certainly will be disabled for weeks or months. Now imagine had you hit the concrete with some momentum from walking or even running.
How'd I do during "cross" ?
So who wants to put me on the stand in favor of the injured party as an expert witness?
$200 hr, plus expenditures that include Hotel rm, bar tab, and a pretty women to assist me in my research.
Video Guy: LMAO on this one. You are one of the guys who fell. No wonder you think the way you do.
You would end up cannon fodder on cross exam.
Hundreds of these cases are tried each year and almost every plaintiff attorney who sues a governmental entity loses for a reason. Common ordinary care requires you to keep a lookout for your own safety.
Now suing your employer for workers compensation is an entirely different matter. The workers compensation claim is worth some money because contributory fault is not an issue.
I have to agree with above ANON. I would take a fall down on a sidewalk or curb as a workers comp case but no way I take it against a governmental entity where contributory negligence bars the plaintiff's recovery. No reason to do probono work like this cause there is almost always no payday at the end of the case.
Indoor fall downs are a bit more attractive and getting settlement dollars are definitely possible.
Video Guy:
Can't blame you for wanting to make a buck. But expert witnesses are almost always a hired gun with an agenda.
Many municipalities are immune from liability for trips on walkways. If you pay lots in taxes now, than your position of paying more in taxes to fix all the sidewalks and do them right is truly admirable. But in stateslike Illinois where the state is basically bankrupt, it is totally unrealistic.
I see miles and miles of sidewalks each day that have damage from cracks, weather, vehicles parking on them, salt etc. A city's meager funds
could not possibly put a drop in the bucket toward fixing them all. Consequently, the ones with the highest priority are fixd first with whatever funds are available.
Furthermore any govermental official who tried to fix them all right would find himself unemployed, in the insane asylum, or in prison like the state's past governors.
V.G. to your credit at least you recognized that you shared in the fault for tripping. Many don't recognize their own role in the disaster.
"When I tripped on an uneven sidewalk crack on a jobsite I knew it was there. I pulled up to the job and noticed the 2” lift in the public sidewalk right away, and thought to myself, “Someone is going to trip on that”... About 30 min later I was rushing out to my truck to retrieve something and tripped on the 2” lift I noticed upon arriving…almost hit the ground but did an amazing dance to keep my balance. I was pisst’ because I knew it was there, but I had many things on my mind when I tripped."
I give you huge honesty points on cross for admitting your role. :)
"Hundreds of these cases are tried each year and almost every plaintiff attorney who sues a governmental entity loses for a reason. Common ordinary care requires you to keep a lookout for your own safety."
That is actually an excellent point that I just realized. Lookout is so important for one's own safety. Otherwise, if I were to close my eyes and walk out of my office and onto the street, there are many, many things, that I would run into or trip on that would hurt me.
I just moved firmly into the camp, if you are not blind, you need to look out for your own safety when it comes to cracks and elevation differences in sidewalks.
Might be different inside with a wet floor that you couldn't see. Got to think about that one a bit more.
1st, I know it would be hard to sue a government entity, especially over a public walkway. I was pointing out that their policy and standards for installing the walk is out of date.
Expert witness was a joke…the Ha, Ha, kind.
But privet business that have poor concrete walkways are responsible for keeping them up…there my testimony would be important.
Be careful where you walk…of coarse!
But when does it become neglect? If one can sue for Ice, why not a dangerous business entrance that was neglected for years?
(I give you huge honesty points on cross for admitting your role.)
…and I did not injure myself.
Even business’s with dangerous neglected walkways, it would never enter my mind to sue them, though I do think, “Someone will trip on that” when I spot it. And I may point it out to the owner.
But if I seen a child, or old person, who don’t walk so well, trip on an old neglected walkway to a privet business…Dam right I would testify for the injured party.
Cuz I know why they don't repair them...cheep!
(You would end up cannon fodder on cross exam.)...ok, lets dance. I guarantee I could prove neglect on any cracked,and uneven walkway. Even the public ones.
Was the stress crack joint in the proper place and required depth?..an easy win
Were expansion joints placed in proper locations?
Was the concrete depth even and consistent?
Is the concrete base up to standards, depth and compacted? ...This one I will most always win as is the most ignored, but important factor to proper concrete work.
Just because the code does not call for reinforcement, does it mean one should not use it?
Here is a clue to the stress crack joint question…industry standard means that all stress crack joints MUST be 1/3 the depth of the concrete depth. A 4” thick concrete walk should have a stress crack joint = to 1-3/8 inch deep.
A stress crack is, as you laymen will say, the sidewalk cracks, or lines. Now walk around town and see how many are 1-3/8 inch deep.
Public walks are thicker and the stress crack joints need to be deeper, at least 1-½ inches.
also...in relation to business entrance walkways. If reinforced, it will crack, but WILL NOT lift and separate. So no court case will ever be needed.
(I see miles and miles of sidewalks each day that have damage from cracks, weather, vehicles parking on them, salt etc. A city's meager funds
could not possibly put a drop in the bucket toward fixing them all. Consequently, the ones with the highest priority are fixd first with whatever funds are available.)
…yes, and this is important to my argument. Public walks are NOT reinforced because of an outdated policy. They’d last 2-3 times as long if properly reinforced, and salt not used on them.
Trust me, the most important factor to good concrete work is the stuff one does not see. Not just the finished surface. Depth, Bag mix, base, reinforcement…ect. But try to sell that to someone that only thinks of cosmetic looks.
Something else ya didn’t know…there is a time limit on when mixed concrete is considered to old to be used. 40 min from when it is mixed at the plant to the time it should be all poured out on the site…industry standard. I personally have used older concrete that has held up well, but also have sent loads back because they were too old.
The old loads are called, "Hot Concrete". Because they set up as fast as one pours them out.
And one does not lay concrete...it is poured. Ya can lay a women, or lay on a couch...but ya can't lay concrete...I need to get to bed, all this concrete talk has made me tired.
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