Wonder if I can sue for all the splinters I got loading my own lumber.
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Prayers for mother in law hurt @ low’s
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Originally posted by curtintex View PostI hope your mother-in-law heals completely. Getting older and more immobile is frustrating for those that age.
My mom, 70, falls a lot here lately. Banged herself up pretty good last time. So far it’s just been at home or in the yard, but one of these days it’ll happen in public and........ ChaChing!!!! Gonna own us a HEB or Hobby Lobby or maybe even a ChickFilA. It’s like buying a lottery ticket. Just gotta wait for that number to come up.[emoji6][emoji849] Many of y’all are just as ridiculous as what I just typed!
And it looks to me, that the tile in question is floated with grout to a common grade....not to mention the tape designating a change in elevation is clearly visible.
I have a new list of people banned from my properties! Evidently, I now have to be responsible for the balance of others.
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Originally posted by FLASH_OUTDOORS View PostIf you touched a fence at Lowe’s with this sign on it, and it caused heart problems which stayed with you forever, would you sue?? Lol
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Seriously, an attorney isn't always used just to make bank. Sometimes they are necessary just to make sure the other party pays its share of the bills. I wasn't there so I won't comment on negligence/responsibility on this one.
Prayers for you MIL that she recovers well
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Originally posted by gingib View PostWhy does she NEED a lawyer? You act like Lowe's is suing her lol
She may want a lawyer, but she don't need one
So your non-lawyer advice is to not be represented? Interesting.
I'll see if I can find one actual lawyer who would give the same advice.
Nope. Didn't find one.
Originally posted by RiverRat1 View PostI've always called BS10 on how lawsuits work. The more money a company has the more you get to sue for
The only law suits that should be won should be when someone is negligent.
Now should Lowe's pay for her medical? IMO depends on that tile, how long it's been that way (if it's uneven), and several other factors. In this sue happy world can't blame Lowe's for playing it safe, whatever that means.
If it's ten bucks in damages, it doesn't matter how many billions the defendant has. Now...if they act in bad faith, sure they might get hit for more than that.
You know who can best evaluate that? Yeah, not us.
And as to negligence....Lowe's is in a great position to fix this hazard.
And right now, we don't have any idea, but what if the store manager knows of a few other people that have tripped in this same spot. Maybe that's why that silly tape is there. And then what if some other folks tripped there after the tape was installed? At what point should Lowe's do something about it?
Part of the point of a lawsuit is the deterrent effect. Fix hazards on your property even if it costs you a few bucks.
Originally posted by bboswell View Postthat little chip in one tile didn't cause anything.....
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Originally posted by Atfulldraw View PostShe's going to be talking to one if Lowe's contacts her.
So your non-lawyer advice is to not be represented? Interesting.
I'll see if I can find one actual lawyer who would give the same advice.
Nope. Didn't find one.
Inaccurate. The suit is mostly based on damages, in a monetary form.
If it's ten bucks in damages, it doesn't matter how many billions the defendant has. Now...if they act in bad faith, sure they might get hit for more than that.
You know who can best evaluate that? Yeah, not us.
And as to negligence....Lowe's is in a great position to fix this hazard.
And right now, we don't have any idea, but what if the store manager knows of a few other people that have tripped in this same spot. Maybe that's why that silly tape is there. And then what if some other folks tripped there after the tape was installed? At what point should Lowe's do something about it?
Part of the point of a lawsuit is the deterrent effect. Fix hazards on your property even if it costs you a few bucks.
What does OSHA say about trip hazards?
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Originally posted by rolylane6 View PostSeriously, an attorney isn't always used just to make bank. Sometimes they are necessary just to make sure the other party pays its share of the bills. I wasn't there so I won't comment on negligence/responsibility on this one.
Prayers for you MIL that she recovers well
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One of my job responsibilities where I work is putting out notices for possible hazards on our property (which are many across the nation) and they are very particular about the wording we use for liability purposes. They also require that if they are temporary hazards or fixable, that the hazard is repaired and the notice is not left out as a long term solution. Otherwise, it's easy for an attorney for someone who gets harmed to say they knew there was a hazard that had a permanent solution and did nothing to correct it. I'm not saying it's right but it's the world we live in. And my employer has a entire building full of attorneys across the street from us.
The caution tape in front of that tile is that kind of solution. The difference in height is easily remedied with a transition solution. (Yeah I installed flooring for 27 years too) so this tape could be seen as a temporary solution. So the question is how long has it been "temporary"?
Again, I'm not saying lawyering up is necessary or the right thing to do but most of the world is looking to do just that and Lowe's knows it.
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When our son was injured His doctor told me “you may need to consult an attorney “. I said “your right. They need to cover his medical expenses”. His response while looking puzzled, “I don’t think you understand. Your sons brain has been irreparably damaged. He will walk and talk but no one goes through a two and one half hour grand mal seizure and comes out unscathed “.
So no my original intent was not to make bank but cover ours sons medical expenses for what I thought would be a bump in the road. Little did I know that it would alter not only his life but ours as well. No amount of money would ever be worth him becoming disabled.
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