Entrepreneurship & Small Business

Guy fell on neighbors property and is sueing me

  • Last Updated:
  • Dec 13th, 2017 9:42 pm
Deal Fanatic
May 29, 2006
8473 posts
1401 upvotes
so the property he fell on, as per the witness, is not yours, and you are no responsible for maintaining it or anything? sounds like fraud to me.

I fell outside a tims one day, on a bad ice patch, caused by a leaking eavesdrop. I called headoffice, I was not injured, just some bruising/aches for a day. they gave me a 25$ gift card, and said they would get the building management company to fix it. which they actually did.
Deal Fanatic
User avatar
Jul 17, 2008
7683 posts
1383 upvotes
Counter sue for lost time. It's the easiest way to make up the lost money and even get something extra for your bother. If they lose, generally the judge could award you the counter-sue amount if it's reasonable. That should scare the scammer a bit
Deal Addict
User avatar
Dec 3, 2004
4456 posts
2127 upvotes
Vancouver
heynow9991 wrote:
Jul 22nd, 2017 12:25 pm
Op here. So it has been one week and one day since they called and asked for my insurance company information. They said they would be serving me notice. Nothing so far. I'm probably jinxing it by saying this
No surprise, like I said, I'll be surprised if you hear from them again. They will go on and find easier fish to pick on. They aren't interested in filing a suit. The lawyer is acting unethical if he told you that he would be sending you court papers though.
[OP]
Newbie
Mar 5, 2017
8 posts
18 upvotes
adamtheman wrote:
Jul 22nd, 2017 10:27 pm
The lawyer is acting unethical if he told you that he would be sending you court papers though.
Can you explain a bit more what you mean?
What they did is a clerk called me and asked for my insurance companys information so they could file a claim with them. I told them no, they can just sue me. I wouldn't tell them my address. The clerk said they would do a property search to find out the owners address and serve me that way.
Was any of that unethical?
Deal Addict
User avatar
Dec 3, 2004
4456 posts
2127 upvotes
Vancouver
heynow9991 wrote:
Jul 22nd, 2017 10:35 pm
Can you explain a bit more what you mean?
What they did is a clerk called me and asked for my insurance companys information so they could file a claim with them. I told them no, they can just sue me. I wouldn't tell them my address. The clerk said they would do a property search to find out the owners address and serve me that way.
Was any of that unethical?
Lawyers have ethical responsibilities and one of them is they can't lie. So if a lawyer flat out said to you "A claim has been started against you, the court papers are in the mail" and it turns out they didn't actually sue you, then that would be a violation of ethical code. But it sounds like the clerk didn't say they were sending you papers, she merely said she would be able to find out your address if they did send you papers.

And the clerk is correct, they will find your address if you want it. It's a bit of a myth that you can avoid being sued by avoiding being served. They don't need to serve you at your house either they can serve you at the property. And if you avoid them they can just mail you the papers and that counts as being served. You kind of ignored my previous advice in this thread and you went a different direction. By playing games with them and refusing to tell them your address, you do 2 things: 1) You make them think that you are afraid of them, and 2) You make yourself noticed, draw attention to yourself and maybe give them a reason to come after you. Best way to approach this would have been simply to reply with a courteous letter, voluntarily offer your address, tell them that's where they can send papers and that you will see them during discovery. That kind of attitude freaks people out, even lawyers. Just try and imagine if you were about to get into a fist fight with someone, what would freak you out more? Some guy who was yelling at the top of his lungs at you, drunk, saying "Come on, try and hit me you punk!!!"... or a guy who calmly removed his wrist watch, handed it to his friend, and said "Are you sure you want to do this?" in a calm tone. Bit late for that now. But anyways, these guys sound like dummies so I wouldn't be worried.
[OP]
Newbie
Mar 5, 2017
8 posts
18 upvotes
Op here
So it has been a month now since the lawyer phoned me and said they would be serving me. I haven't been served, or heard from them. Thanks for the good advice and I will update if anything happens.
Deal Addict
Oct 7, 2007
3157 posts
738 upvotes
just remember to document EVERYTHING. People may conveniently forget important facts or later deny certain events took place. You don't need what you will need or when you will need it but if you document everything you won't have to worry about it and if you have a lawyer assisting you on your side, it should help your case. Sounds like you're in a good position so far. No news is good news. And there is probably a statute of limitations as well that is running out.
Newbie
Aug 14, 2017
9 posts
heynow9991 wrote:
Aug 18th, 2017 3:45 pm
Op here
So it has been a month now since the lawyer phoned me and said they would be serving me. I haven't been served, or heard from them. Thanks for the good advice and I will update if anything happens.
Yes document everything.

A lot of people like to wait till the last minute to file a claim.
Perhaps hoping you'd forget what happened and lost your video evidence / witness, etc.
Newbie
Aug 8, 2017
19 posts
2 upvotes
And always remember that Murphy's Law applies in the business world just the same as anywhere else. :)
Deal Fanatic
User avatar
Mar 31, 2008
9640 posts
1282 upvotes
Toronto
heynow9991 wrote:
Aug 18th, 2017 3:45 pm
Op here
So it has been a month now since the lawyer phoned me and said they would be serving me. I haven't been served, or heard from them. Thanks for the good advice and I will update if anything happens.
They probably saw that you didn't budge and thus put you lower on their case file list seeing that you weren't easy pickings. That's pretty much what they're looking for.
Deal Addict
Oct 7, 2007
3157 posts
738 upvotes
Hiring a lawyer is very expensive for both parties. This means the party suing must feel that they have a pretty good case or else they are just wasting their money. And lawyers are not cheap and there is no guarantee that they will win your case. Even if the guy fell, it will come down to his damages. What is he out of pocket? What kinds of payments did he have to make? You get the picture.
Deal Addict
User avatar
Aug 1, 2005
1789 posts
99 upvotes
I am very interested to know who this lawyer is, or at least which firm the lawyer is from.
Jr. Member
Feb 22, 2007
181 posts
120 upvotes
New Westminster
Actual lawyer here. The vast majority of "advice" you've been given here is horribly inaccurate. Assuming you have liability insurance in place for your business, you should inform them and they will take care of everything for you from disputing the claim to retaining legal counsel to represent you. Don't listen to what the armchair lawyers here are telling you, especially in garbage posts like this.
Deal Expert
User avatar
Oct 13, 2009
15905 posts
4546 upvotes
Iqaluit, NU
slicky803 wrote:
Sep 22nd, 2017 1:17 pm
Actual lawyer here. The vast majority of "advice" you've been given here is horribly inaccurate. Assuming you have liability insurance in place for your business, you should inform them and they will take care of everything for you from disputing the claim to retaining legal counsel to represent you. Don't listen to what the armchair lawyers here are telling you, especially in garbage posts like this.
Would this have an impact on his insurance rates?
deleted to keep the site family friendly. Was about copping sick fadez.

Well there's no sick fadez left to be copped now that the regimen cannot be admired in all its glory

RIP sick fadez.

Top