Need some advice

[Big Cliff]

Ok, here is the situation in short form:

 

A friend went to Talladega for a race. In the stands there is a split in the stairs and a half step. He didn't see the half step, tripped, fell, ended up with 16 stitches in his arm, a lot of pain, and when I looked at the job they did on his arm, a 6 year old could have done better but that is just my opinion.

 

Several people that witnessed what happened came forward, one of them commented that he had advised the organizers on several occasions that this was a hazard, he also commented that he had seen others fall in this exact same location because of this "half step".

 

Things are well doccumented c/w photos of the injuries, Talladega have even sent him a letter telling him that they are going to have their clames Dept. contact him and offer him some form of compensation, perhaps even free tickets to another race. Ya right, free tickets to compensate for lost wages (he lost a week of work) his wife had to drive 16 hours straight to get them home because he was in so much pain, they lost their hotel deposit.

 

I have suggested that they contact a personel injurie lawyer in the U.S. and go after fair and reasonable compensation. So, my questions are:

 

Do you think they should?

 

Is there any law firm in the U.S. that stands out in this kind of case?

 

They don't have a lot of money but all they want is to get treated fairly.

 

All help would be most appreciated!

 

Cliff

[SlowPoke]

If you want a good injury lawyer in the US, just watch Jerry Springer and pay attention to the commercials.

 

I'm not the most litigious person but it seems the norm in the United States. Personally, I think I would review what the claims department had to offer and perhaps counter with a reasonable settlement prior to contacting a lawyer.

[duckdog]

Maybe its just me or I am cruel hearted, but watch where your walking and dont trip, I do feel sorry for your friend dont get me wrong, but why should they compensate someone for not watching where they walk?

 

 

 

 

 

Ok, here is the situation in short form:

 

A friend went to Talladega for a race. In the stands there is a split in the stairs and a half step. He didn't see the half step, tripped, fell, ended up with 16 stitches in his arm, a lot of pain, and when I looked at the job they did on his arm, a 6 year old could have done better but that is just my opinion.

 

Several people that witnessed what happened came forward, one of them commented that he had advised the organizers on several occasions that this was a hazard, he also commented that he had seen others fall in this exact same location because of this "half step".

 

Things are well doccumented c/w photos of the injuries, Talladega have even sent him a letter telling him that they are going to have their clames Dept. contact him and offer him some form of compensation, perhaps even free tickets to another race. Ya right, free tickets to compensate for lost wages (he lost a week of work) his wife had to drive 16 hours straight to get them home because he was in so much pain, they lost their hotel deposit.

 

I have suggested that they contact a personel injurie lawyer in the U.S. and go after fair and reasonable compensation. So, my questions are:

 

Do you think they should?

 

Is there any law firm in the U.S. that stands out in this kind of case?

 

They don't have a lot of money but all they want is to get treated fairly.

 

All help would be most appreciated!

 

Cliff

[OhioFisherman]

I would try to remember that their claims dept. is probably run by a legal team working for them. What they consider a fair and equitable settlement probably doesn`t have the injured parties best interests in mind. They aren`t working for the injured party.

[Rizzo]

in Canada you go home and call yourself clumsy, in the U.S. you definitely sue for something like that!

[irishfield]

Sorry Cliff.. tell him to suck it up and move on. Life is too short to dwell. Take what ever Taladaga offers and carry on.

 

A weeks work lost can't hurt the pocket that much in comparison to the gas to drive to Taladaga @ 1.35 / litre, let alone tickets for the race.

[Mike01]

I'm not passing any judgement but was your buddy drinking? If it goes to court I'm sure something like that will be called into question. I would see what 'Dega has to say and go from there. It might not be a bad idea to contact in injury lawyer first to find out if there is any red tape being from another country.

 

I always remember the Jim "the hammer" Shapiro commercials!

[TennesseeGuy]

in Canada you go home and call yourself clumsy, in the U.S. you definitely sue for something like that!

 

Do you mean to include my friends and me?

[dhickey]

if your friend was drinking he doesnt stand a chance. take the tickets.

if he wasnt you have to prove that.

if he pursues this for a sizable settalment.

 

i think the general steriotype is that people who go to theese races is that its nothing but a party.

so your freind would have to produce afidavids saying that he was not drinking but most of all that he dosnt drink.

 

another thing to think about is that if you go at them with a lawyer .you now will be dealing with an insurance company.and that talladaga is at fault.

 

just my take on it.

 

i would take free tickets and mabey push for pit passes or spicial event passes. and just enjoy the next race.

 

good luck.

[Big Cliff]

No, he wasn't drinking, this "half step has been reported Talladega on a number of occasions according to witness in the area and it isn't marked in any way. He isn't trying to get rich off this but just wondered what the best way was to handle it.

 

Thanks for your input gang.

[skeeter]

If they didnt fix the step properly the first time , then they are liable.

There are a ton of lawyers in the U.S that only charge if they win the case.

If they felt they couldn't win they wont take the case.

Tell your friend to seek legal counsel.

 

Hurt in a car?

Call William Mattar.

Personal injury lawyers,

seen their advertisement on TV all the time.

 

PS: I get a 10% referral fee from your friend.

[corvette1]

go for it was turned in before

[bubbles]

Sam Berstein! 1800callsam, the first call is free!

[Joey]

If they didnt fix the step properly the first time , then they are liable.

There are a ton of lawyers in the U.S that only charge if they win the case.

If they felt they couldn't win they wont take the case.

Tell your friend to seek legal counsel.

 

Hurt in a car?

Call William Mattar.

Personal injury lawyers,

seen their advertisement on TV all the time.

 

PS: I get a 10% referral fee from your friend.

 

 

I fully agree with Skeeter on this. Why should your friend have to suffer physically and monetarily for Talladaga not fixing a problem that has been pointed out to them as a potential liability.

 

Talk to the lawyer, see what Talladaga has to say and go from there.

 

Joey

[misfish]

Thats racing for ya.

 

Better read the back of the ticket before anything. Lots say not responsible for anything.Use or attend at your own risk.

Edited May 2, 2011 by Misfish

[Big Cliff]

Thats racing for ya.

 

Better read the back of the ticket before anything. Lots say not responsible for anything.Use or attend at your own risk.

 

And lots of parking lot tickets say "not responsible for loss or damage" on the back of them. Doesn't stand up in court if they have been negligent in providing reasonable protection.

 

Racing, parking, driving down the street, we should all have the right to expect that normal conditions would apply and that KNOWN HAZARDS should be clearly identified and where ever possible corrected in a timely manner.

 

I wonder what your attitude would be if you had your arm torn wide open, 16 stitches in your arm, lost a week of work, had your holiday cut short, lost your deposit on your hotel room and still had a real mess on your arm and what looks like it will be a nasty scar for the rest of your life because of what appears to be someone elses negligence?

[Daplumma]

If you want a good injury lawyer in the US, just watch Jerry Springer and pay attention to the commercials.

 

I'm not the most litigious person but it seems the norm in the United States. Personally, I think I would review what the claims department had to offer and perhaps counter with a reasonable settlement prior to contacting a lawyer.

 

 

Brian I'm surprised you would say that it seems the norm in the states.I dont personally know a single who has sued anybody for something like this.You may be watching too much daytime TV my friend.The rest of your comment is very reasonable and I would agree with your advice.See what they offer and document what his losses were.Be reasonable becuase if you go to a jury trial and the jury thinks you are being greedy you may get nothing.There is accountability down here.

Joe

[misfish]

Awe cliff,did you miss the sign.

 

As for your comment about

 

I wonder what your attitude would be if you had your arm torn wide open, 16 stitches in your arm, lost a week of work, had your holiday cut short, lost your deposit on your hotel room and still had a real mess on your arm and what looks like it will be a nasty scar for the rest of your life because of what appears to be someone elses negligence?

 

My attidute would be the same. See what happens when I get a lawyer and see what Tally offers up. Do some research on the Carl Edwards crach into the fence and debrie going into the stands. Everyone knows a crash can happen and injury is possible. Why not go after Brad for causing the crash, which caused the injury. Im not trying to start an argument with you,you are my friend. Im just saying that crap happens,sometime theres things that dont get done right,but it sounds like IMO,someones trying to do a money grab here. Yes he fell,the step was not marked as you say,but if you were walking on a dock and a nail was up and you stumbled over it,would you sue? Just saying.

 

The worlds not perfect.

 

Have a great night.

[TennesseeGuy]

This thread indicates to me that I must be very careful who I invite into my home, to ride in my automobile or to fish in my boat. Some people will accept personal responsibility for their actions and others will look to place the blame elsewhere.

 

I've had a couple of falls or so over my years, but I'm always too embarrassed to bring it to the attention of others by not accepting blame. I can't imagine my falling on a step that is out in the open during daylight and blaming someone else because I wasn't looking where I walked.

 

It would be a different story if everybody fell on the same step.

[Joey]

Several people that witnessed what happened came forward, one of them commented that he had advised the organizers on several occasions that this was a hazard, he also commented that he had seen others fall in this exact same location because of this "half step".

 

 

 

 

It would be a different story if everybody fell on the same step.

 

 

 

I think that is the story from what Cliff said in his original post. Maybe not everybody, but "others" have fallen in the exact same location and they had advised the organizers on several occasions that this was a hazard.

 

Lets take Brian's example and say you went to his cottage and were walking on his dock and a huge nail dug into your foot, you fell and cut yourself and needed stitches and a hospital visit. It was so bad and became infected and you had to go home early and someone had to pick you up and drive you home. You missed work and had various other expenses. He's your friend so you say oh well, that's life, guess I wasn't watching where I was going, but you mention that he should fix that in case someone else gets hurt, and he just shrugs it off. Then you hear that since then, several others had the same thing happen to them and the injuries were just as bad or worse.

 

I'm not saying you would sue him, but those others certainly should have been made aware of the potential danger and it should have been fixed. They could sue as he knew it was dangerous (you could too but we're being nice here).

 

In my opinion it should have been fixed and nobody should have been allowed to enter that area until it was because of the known potential danger and liability.

[irishfield]

I'd better get to camp and start hammering them dock nails...

[Hellfish]

It seems cut and dry to me, if there has been issues before and they have done nothing to rectify the situation and again another situation happens. IMO it would be his responsibility to make sure something gets done about this "step' before someone else breaks a arm. Just because they are too lazy to fix the step does not make it right.

[Joey]

I'd better get to camp and start hammering them dock nails...

 

[TennesseeGuy]

We have several OFC Community members who have been dealt a really bad hand, but they are handling it like champions. They are my heroes. One of them is lit up right now on this thread. He and his entire family are in my life every day.

 

Why spend time on such a minor issue that should have been prevented by the person watching where he was walking?

[misfish]

I have searched ,reports of bad steps at Talladega,law suits at Talladega,and have come up with nadda.

 

Not questioning Cliff here,just did some research,and found nothing that mentions such a thing happening there. IMO,if it did,it would make the WWW. Just saying.