Should I expect the worse?

[riptides]

</font><font color="blue" class="small">( Fact is he didn't even think that the finger was broken until the knuckle disappeared from the finger in question. )</font>

It was broken before he caught the fish. The stress just made it swell.

-Mike Z. /forums/images/graemlins/grin.gif

 

[PineRidge]

I think at this point my attitude is going to be a wait and see type thing. I'm not calling my insurance since I didn't actually see it happen and really don't know where or when it did.

Besides I may just be paranoid here as nothing more may come of this issue anyway.

I do agree on one point however that it's a lousy world that we live in today that we actually need to concern ourselves with these sorts of conversations over frivolous lawsuits at all. /forums/images/graemlins/frown.gif

 

[Bird]

Now you've come around to my thinking, Mike. /forums/images/graemlins/wink.gif I wouldn't contact my insurance company or do anything else unless or until I heard from the guy with the broken finger or his attorney or his insurance company. And, in fact, I'll be a bit surprised if you do hear from them.

 

[Jagmandave]

It is sad how we've gone from being such a standup place to what we are now, where very few people will take personal responsability for their actions or the results of those actions.
I just wonder where it's all going to end?

As to the thread topic, I'd also go with a wait and see attitude, no sense stirring the pot yet...

 

[LMTC]

After reading this thread, and reflecting, I would disavow my own advice about calling the insurance company. Good to have other viewpoints....

 

[Junkman]

He could advise the insurance agent of the event and they could file it away in the folder and not notify the insurance company. That is what my local insurance agent would do to protect me. If there is a claim later on, we are both covered. There is no requirement for the agent to notify the company of a claim until one is made.

 

[AndyM]

<font color="blue"> It is sad how we've gone from being such a standup place to what we are now, where very few people will take personal responsability for their actions or the results of those actions. </font>

I just saw a story on the evening news the other night about a woman who is bringing a suit against a local city because her husband drove through the ice. During the interview, she said the city was responsible because there wasn't ENOUGH "no trespassing" signs around the lake and there was one spot where a car could drive around the cables if they wanted to get out onto the ice. I'm sorry the woman lost her husband, but the city wasn't the one who made him drive around the baricades and ignore the signs.

Isn't anyone responsible for their own actions anymore?

Anyway, to get back on topic, I would not do anything unless you actually here from the man, his attorney, or his insurance company. Unless you hear from any of them, take no action!

 

[JoeDizzy]

Mike , I think you are taking the right approach. Giving yourself a "heads up" so to speak by asking for comments seems wise to me. Just because you are trying to get a better grasp on the situation doesn't mean that you are worrying yourself sick.

I also agree with dieselfan; chances are, if they were any suits, it would be from the guy's insurance company, not from the guy himself. He may not have any say or control in it at all. They are always looking for someone else to pay.

I know insurance is needed in our society, but there are things about it that turn my stomach.

 

[Junkman]

the injured party's insurance company can not go after PineRidge, unless he, the injured party signs a subrogation paper assigning his rights of recovery to the insurance company. Before this could become a reality, the insurance company would have to have a relatively certain expectation that PineRidge would have some form of culpability in the accident. Considering that this is a fishing accident, not a motor vehicle accident where PineRidge would have a direct involvement, the insurance company wouldn't even bother to file a claim. It would be next to impossible for the insurance company or the fisherman to prove that PineRidge had any control over the accident. Remember, this is a broken finger, not a slip and fall. He didn't get his finger injured in a car door. He got his finger injured while operating his own personal rod and real. This is just like your running your car into the telephone pole. You can't sue the telephone company for the accident and collect damages. The telephone company didn't have any control over the way that you drive. I guess that you could assert that the pole shouldn't have been there, but I don't believe that argument would go very far. You cannot collect from another party when you yourself are the cause of your own injury.
I find this discussion about liability quite interesting since many people think that PineRidge might have some liability for a non invited guest, but in another thread, people feel that they can intimidate and even shoot a trespasser without ever mentioning liability or legal consequences of the actions discussed.

 

[RedRocker]

How about just shooting the guy with the broken finger? /forums/images/graemlins/grin.gif

 

[YanmarFever]

To sum it up , In my opinion we should of left the snakes on the Mayflower. /forums/images/graemlins/mad.gif

 

[thegreatrandini]

You can always be sued but that does not mean they would win. I don't think they have a case. Since we don't know how the finger got broke it is hard to make a judgement... I am guessing that the pond is constructed as an ordinary pound would be. If the guy broke his finger on your gate, boat dock, shade umbrella etc... then you may have liability. If a snapping turtle crawled out of your pound and broke his finger you may have liability. If he slipped on an established walk way you may liabiltiy. If there are no caution signs posted you may have liability. I think you are ok to "wait and see". It would be good if you could record statements from any witnesses as to how the finger was broken... That is what it all comes down to. Did your allowing him to fish on your property cause his finger to break?

 

[Junkman]

Please explain to me how a snapping turtle breaking the finger could imply that PineRidge was at fault in your scenario? He isn't keeping the snapping turtle as a pet, and the turtle is under the protection of the State EPA. Do you think that the turtle should be on a leash and have a collar with a rabies tag attached??????? In the immortal words of John Stossel...... "give me a break".... /forums/images/graemlins/grin.gif /forums/images/graemlins/grin.gif

 

[DannyD]

No, Junkman, the turtle is the watchdog of the pond. He makes sure no one exceeds the limits of fish caught and kept. He bit the dud cause he had one to many bluegill in his creel. Now because Pineridge taught the turtle to snap fingers he is responsible for the actions of the turtle. Sorry Pineridge looks like you are deep in turtle soup on this one.............hehehehehhehehehheh

Hey it was funny at 2:30 in the am

 

[thegreatrandini]

Well I did not say I liked it! Allowing him to fish where there are "dangerous" non fish animals without warning "may" make him liable. (not if I am on the Jury) It was just a crazy scenario to show that liability law is ridiculous. I am not an attorney but I took quite a bit of business law. The best part of those classes was talking about all the silly court cases. It all varies from State to state even county to county.... It is very hard to know how a case will come out.. I also did not even look and still don't know what state this happened in. I also don't know if you are correct on snapping turtles being protected by State Environmental Agency. Snapping turles are not endagered. I think you made that part up... It is BS and I am calling you on that one.....