OT: A little legal advice please ......

Pacersfan46 · 08-23-2005, 03:44 PM

This may be totally unnecissary, or completely. I'm not sure, either way this is what happened.

My grandmother is in a wheelchair. She had a ramp built in the yard so she can get outside to the driveway, or whatever. It lifts about one and a half feet or two feet off of the ground. Because she's in a wheel chair, the Postal Service deemed it okay for her to have a mail box up by the door. Which means it must be on the ramp. Anyway, the mail lady was bringing the mail up today, and one of the boards broke, and "bruised" her leg. That was their exact words, and she was walking fine. They were taking pictures which is why I noticed they were out there, and then asked me for a statement. Which I absolutely refused to write anything.

Going on, the ramp is fairly old, and I was looking into replacing it before winter. Yet, I didn't think it was going to have any issues there. I had one board break previously, but I was carrying a cast iron sink (probably couple hundred pounds) on it, and dropped it because it was so damn heavy. Bad memories themselves. Changing that sink sucked. Aaaaanyway ....

If I thought it was going to break, I'd have had it fixed. I mean, I'm the person that goes up and down it more than anyone. Not to mention my grandmother rolls on it in her wheelchair. That could have been bad.

Should I go talk to a lawyer? Never been in this situation before, and not sure what they can do, but I don't want to be caught off guard. Do they have grounds to sue?

Lathum · 08-23-2005, 03:52 PM

They may just need information in case the postal worker needs workmans comp

Pacersfan46 · 08-23-2005, 03:54 PM

I was thinking that. Yet, she wanted me to write a statement about the "replaced board", and the state of the ramp and such. Like they were building a case or something.

She did say she just wanted it for a "report", but I still wasn't going to do it.

albionmoonlight · 08-23-2005, 03:57 PM

Very hard to give specific advice because this hits on an area of law that really varies state by state. As for general advice--don't sign, admit, or do anything at their request without talking to a lawyer. I would also write down and make a record of anything that you remember them saying and doing to you. They may decide to hit you with a lawsuit down the road when things are not as fresh in your mind. That's just general good advice.

Another issue is whether you should tell your (or your grandmother's) homeowner's insurance company. Most insurance policies have provisions that indicate that you need to inform the company within X days of you being aware of an incident for which they may be liable (so that they can check it out for themselves, interview witnesses, etc.). Of course, in this day and age, that may mean that the homeowner's ins. co. drops your grandma next time the policy comes up for renewal. I certainly can't advise you without knowing your policy details, but you should be aware that the issue exists out there.

Pacersfan46 · 08-23-2005, 04:11 PM

I figured the state issue would come up.

I normally have a very good memory, but I suppose I should put a text file on a disc or something regarding what happened. I don't THINK it's a big deal, as she got out of her mail van when they came back with the lady with the camera, and was walking around just fine, but you never know.

Blah. The damn thing couldn't hold out for just another couple weeks? It's been up for years.

08-23-2005, 03:52 PM	#2
Lathum Favored Bitch #1 Join Date: Dec 2001 Location: homeless in NJ	They may just need information in case the postal worker needs workmans comp

08-23-2005, 03:54 PM	#3
Pacersfan46 H.S. Freshman Team Join Date: Nov 2003 Location: Indianapolis	I was thinking that. Yet, she wanted me to write a statement about the "replaced board", and the state of the ramp and such. Like they were building a case or something. She did say she just wanted it for a "report", but I still wasn't going to do it.

08-23-2005, 03:57 PM	#4
albionmoonlight Head Coach Join Date: Oct 2000 Location: North Carolina	Very hard to give specific advice because this hits on an area of law that really varies state by state. As for general advice--don't sign, admit, or do anything at their request without talking to a lawyer. I would also write down and make a record of anything that you remember them saying and doing to you. They may decide to hit you with a lawsuit down the road when things are not as fresh in your mind. That's just general good advice. Another issue is whether you should tell your (or your grandmother's) homeowner's insurance company. Most insurance policies have provisions that indicate that you need to inform the company within X days of you being aware of an incident for which they may be liable (so that they can check it out for themselves, interview witnesses, etc.). Of course, in this day and age, that may mean that the homeowner's ins. co. drops your grandma next time the policy comes up for renewal. I certainly can't advise you without knowing your policy details, but you should be aware that the issue exists out there.

08-23-2005, 04:11 PM	#5
Pacersfan46 H.S. Freshman Team Join Date: Nov 2003 Location: Indianapolis	I figured the state issue would come up. I normally have a very good memory, but I suppose I should put a text file on a disc or something regarding what happened. I don't THINK it's a big deal, as she got out of her mail van when they came back with the lady with the camera, and was walking around just fine, but you never know. Blah. The damn thing couldn't hold out for just another couple weeks? It's been up for years.

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