Lawsuit! (PAH)

Mad Dog

dirtbag. After almost 18 years in the business on all sides of the fence, i.e., union versus non union and employee versus employer I've seen many a situation and known quite a few folks that have pulled these stunts. Especially now as a boss. Like you, we are super safety concious, but you always have the ciphers looking for their payday. I've been banged up several times on the job, but would have never of thought of suing. Nobody despises lawyers more than I, (ok ...98% of them) but if it were not for this pathetic mentality of sue sue sue, the lawyers would be waitin' tables. A great read for all: "How law is suffocating America..." By Philip K Howard - a qiuck must treadReally sorry for your trouble...hate to see a good man and company take a beating. If I can help in any way let me know...I have a good legal mind - was 2 weeks from entering law school in '97. Mad Dog

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hot_rod

Our first lawsuit in 103 years!

In the year 2,000, a general contractor's foreman tripped and fell on a jobsite - breaking his arm.

We were served papers today indicating he's suing all of the sub-contractors for $30,000 each! Claims he tripped on debris left lying about by one or all of the subs. Seems his employer, the GC, had no insurance to cover his injuries.

CYA (cover your assets) boys & girls - the lawyers are waiting in the wings!

In 103+ years of business, we'd never once been sued. The lawsuit filing is at least 3" thick!

Funny thing is (not really funny in a ha-ha sense) we are festidious about keeping our job sites clear of our debris and there is an additional clean-up at each day's end wherein our guys often find themselves cleaning up after other trades. "Broom clean - every day."

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[Deleted User]

god i hate lawyers (NM)

Wayco Wayne

I've not been sued directly

but was called as a witness because I did a maintenance at a health club where someone slipped playing raquetteball because of moisture on the floor. I think he broke his arm. Sued and blamed everyone but himself for his misfortune. After all of the depositions and time spent by everyone involved the Judge saw it for what it was and threw it out of court on the first day. I think people have wised up and don't give money away to those who mis-use the system. We'll see what happens in this case. Keep us informed. WW

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Steve Ebels

This is a common practice around here

A lot of the "contractors", carpenters if you will, and all of the mechanical guys that I know do not pay insurance or work comp on their guys. They get around it by hiring their employees as independent contractors, forcing them to pay their own insurance, payroll tax and comp. It might be legal but I don't think it's ethical. To me, the GC on the job you're refering to is the one who should be getting sued for not providing adequate insurance!!

Jeff Lawrence_17

Losers

There is a radio talk show host in Atlanta that is a former lawyer. He advocates a loser pays law. If you lose the lawsuit, you pay all the fees involved for both (all?) parties involved.

Geno_13

what a wonderful world

Here's a good one. A friend of mione and his wife are being sued by this clown that crashed his stolen snowmobile on their property and got severely injured. The basis for it is that the owner of the stolen snowmobile was given permission to ride on their farm this winter. The judge should hit this guy and his lawyer in the head with his gavel.

J.C.A._3

Geno, You've hit the nail on the head !

The "culprit" is , in most cases , some dirtbag lawyer who sees his 33% . They are pursuing clients in T.V. ads, print ads, and by word of mouth/other clients.

I got slammed from behind 2 times in 1 year(while sitting in traffic) a couple years back, and one of the first people there was handing me a lawyers card!

The worst part is, that it's all above board . Most law makers are, or once were lawyers. No conflict of interest there ! I will have to agree with Mad Dog though, MOST lawyers are scum. There are still a few in the business that are working for something other than their own bottom line, though they are few, and far between .

Best of luck PAH . Unfortunately, the only folks who profit from all this litigation are the lawyers. Kind of like financial planners. If you make money, they make money, if you lose money, they make money . Bottom line ! Chris

jackchips_2

I also

feel for Dave but draw the line at blaming "all" lawyers. Some of my best friends are lawyers as I'm sure is the case for most of us.

The lawyer who drew my will is not "scum" nor the one who handled my real estate transactions. They are great guys who I socialize with, golf with, laugh with, admire and respect.

The Lawyer (Judge) who handled my granddaughters adoption was not "scum" and after hearing him talk I doubt anyone would "hate" him.

Will Dave call the lawyer representing him "scum" before or after he gets him off? For that matter will any of us?

The problem is with the system that allows it and the bottom feeders who seek out (and are sought after) by the bottom of the legal profession.

Hate should be reserved for those who deserve it.

Sorry, Dave, for using your thread for my tirad. I do feel your getting the raw end and sincerely hope all comes out well.

hot_rod

No problem JC!

No need to fret over a tirade - it's not like I've ever had one! (Multiple tirades - yes, just one? - no)

As near as I can decipher the 400 pages of he said, she said, lawyers said stuff, it boils down to this. The ceramic tile contractor noticed the area where he had to work was not properly cleaned up and debris was in the way. He claims the GC said to leave it lay & he'd get it cleaned up. Next morning it was still a mess, but he set up his Baker scaffolding anyway & proceeded to do tile work. At some point he attempted to move the scaffolding & fell - breaking his arm.

We were not working in the area he claims was a mess. The contract specifically states each sub must adhere to strict clean up standards or they'd be held responsible - we were never cited or back charged for any debris. It also goes on to say the GC is aware of what constitutes safe working environments and will instruct all subs regarding those requirements!

It looks like the tile guy did not carry the insurances required bt the GC and is attempting to recover costs & loss of companionship + pain & suffering. Since that apparently failed, he's now going after the subs.

So, as I see it - he identified a dangerous situation; failed to have it corrected or to correct it himself; continued on with the work & got hurt (no witnesses by the way).

I've instructed my insurance co's that if they offer this idiot one red cent in order to make this go away, I'll be going away to find another carrier.

Construction sites are dangerous by their very nature. Anyone working there who doesn't protect himself and their immediate area is not only a danger to themselves, but to all others working on the site. To proceed when dangerous conditions exist is to assume liability for your own injuries - well D'OH!

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jackchips_2

Thanks, Dave.

Working for a large Plumbing Contractor I am very familiar with the conditions you mention. Here in Mass many GC's now backcharge everyone for one scafflows transgression.

This business is not "fun" any more.

Win one for the rest of us.