legal situation...advice...

[imported_User Name]

ok, I was detailing at this complex, which holds different office buildings for different companies. inside the building I was detailing at was where I was getting my power via extension cord. lady walks in the building (i see her walk in) and a little later she walks out and unplugs my cord while I am vacuuming. I am thinking that I tripped a circuit somehow, so I start walking into the building and she is already outside. She sees me and asks if I am the one using the cord, I say yes. she says she just tripped over it and starts walking away. I ask if she is ok and thats when the attitude comes out...



she turns around and says "yeah as a matter of fact, I tripped and fell on my back, and there was another guy in front of me who almost tripped over it and turned around to see what it was as the cord was sitting about this high (holds hands about 18" apart) off the ground. Do you have a card? I am going to give it to the maintainance man."



I reach in my wallet where i have my cards, but dont have any left. She gets my number off my detailing shirt.



I talked to the guy I was detailing for and asked him who she was if he knew her...he said no. I explained what happened and he said not to worry about it because its the property owners situation, not mine. (he works for a mortgage company, so he might know a thing of two)



here is what I am worried about - obviously the lawsuit that could be put on me...



here is the kicker...



-the cord is laying flat on the ground where she said she tripped

-the only spot where it was raised is out from the outlet, which is under a chair

-when I came back in the building, the cord was coiled up like she moved it

she said there was another guy who almost tripped right before her, but no one was around

-if there was another guy who she watched trip, why did she trip over it too?

-if she knew how high it was (as she claims, which means she visually saw it there), why did she trip over it?

-there is no camera system in the building for eveidence either way (she cant prove she did, I cant prove she didn't (her word vs. mine)



so what would you all do? i dont have a lawyer currently as this is part time, and have never dealt with a lawyer for anything in life...



I have been getting a lot of phone calls from an unavailable number today, which I never pick up and just let go to voicemail as its usually telemarketers....no message ever left



thanks for the advice, pm me if necessary



eric

Eric,



I didn't read through the entire thread, because after reading the first page and a half of gunk I gave up. Take my advice (if you will) ignore it if you want, but I've been working in this area of the law for quite some time now.



First... could you be liable to this lady? There is no black and white here. The only way you'd know if you would be liable is if she commenced an action and a jury (or judge) found you liable (negligent in creating a "dangerous condition").



Much of what you wrote above makes sense, but it speaks to what we call "comparative negligence" and only seeks to reduce your relative culpability by the amount of comparative negligence of the aggrieved party. In plain speak... if a case like this went to trial and a jury determined that the plaintiff was 90% responsible for the happening of the accident, you would only be 10% liable for paying for damages.



Also... from what you wrote above, it seems like there wouldn't be much of an injury for which this person could seek compensation. Remember, its not just about "did she fall", but it is also about "did she get hurt". So, the first step would be to look at "whether or not you were negligent". Believe it or not, I would say yes.



The next question would be, "was your negligence a proximate cause of her injuries". Again, I'd say probably yes (assuming she has actual injuries). There are very simple measures you could have taken to improve the situation... or example... a warning sign or better yet, you should have taped the cord to floor with duct tape, but the best response yet (is what you've already been told)... get liability insurance.



For an automotive detailer it won't be much. I walk around with a $2 million "umbrella" policy at all times and it costs me $160 per year. Getting "job specific" liability insurance won't be big bucks and you can pass the cost to your clients.



If someone already gave you this advice... I apologize for the repeat (as I said I stopped reading).