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Injury from glass Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by hodge918, Jul 28, 2009.

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  1. hodge918

    hodge918 Law Topic Starter New Member

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    Friday morning I was at my girlfriend’s house which she is renting in Scottsdale Arizona. There was a coyote on the patio so I hit the window to try and scare it away. Well my arm went thru the window which resulted in several lacerations on my arm that required a total of 18 stitches. I contacted a glass company to come out and replace the door. I told the service man that I was shocked because I don’t believe I hit the window that hard. He told me that he was surprise the window lasted as long as it did, he said it was out of code, a single pane window that should never be used in a sliding door. He said that a tennis ball or even a strong wind would have shattered that window. Now I have good insurance but will still have to pay some out of pocket. I never been one who wanted to sue someone, but the owner of the home is a real slum lord. There are many things at the home that need repair but he ignores most requests or it takes several requests to get him to even come out and look at the problem. Now my question is this, one do I have cause to sue to at least get back what my out of pocket medical bill will be? And if I do then will I be at fault because I hit the glass?
     
  2. tpajet

    tpajet New Member

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    I would first demand that he pay the out of pocket. He's going to refuse, but you need to take that first step. After he refuses, file a claim in small claims court.

    You need to get ahold of the window guy to have him testify. Often times they won't even take a notarized statement as testimony.

    Even if you can't get him to come to court, here's the key thing you need to say. You need to tell them that you reasonably thought that the glass would not break. Bring up the fact that you were told it was not up to code.
     
  3. hodge918

    hodge918 Law Topic Starter New Member

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    Ok I will do that. Should I wait to contact him until I get my bill?
     
  4. tpajet

    tpajet New Member

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    Yes. That way you have an amount to tell him.

    Also, I just noticed something in your first post that I missed that you need to add to what to say in court. I just noticed this was a sliding glass door, not just a window. You need to bring up the fact that you ALSO reasonably believe that if someone had knocked on that door, the glass would have broken.
     
  5. hodge918

    hodge918 Law Topic Starter New Member

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    great thanks for your help
     
  6. hodge918

    hodge918 Law Topic Starter New Member

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    I went to the doctor today to have the stitches removed. I still have some numbing in my hand as well as a little pain. He said that i cut some nerves so the hand may be a little numb from now on. He also said that the pain should go away but may still be there.

    Now i play the guitar, as hobby not a proffession and as of right now i can only play for about 15 minutes before i have to stop from the pain. Would this qualify for pain and suffering?
     
  7. FlaRiptide

    FlaRiptide New Member

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    Probably yes if you can show negligence on the part of the home owner. Keep in mine that you sue for money. How much was out of pocket for your stitches? Let's say $1,000. How much is reasonable for pain and suffering? Let's say $5,000. Now you must pay approx. $100 for filing the suit and having it delivered to the homeowner. Unless the homeowner and you mitigate for a lessor amount, this will then go to court. If you win, then it is up to you to collect. How likely is it that you will be able to collect the judgement from the homeowner?

    In other words, the pain and suffering from the accident may not compare to the pain and suffering you experience in trying to collect the debt.

    My advise is to send the homeowner a "demand letter" asking that your expenses (including a reasonable request for pain & suffering) be turned over to his homeowner's insurance company. Try using charm tactics prior to turning up the heat!
     
    Last edited: Aug 4, 2009
  8. hodge918

    hodge918 Law Topic Starter New Member

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    ok thanks thats what i will do, I am still waiting for the bills to come in. Thanks again.
     

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