Question

No workplace injury, but suing.

Asked 6 February 2012 · 3 answers

The question

There are roofers who are renovating an apartment next to mine and they have ladders that block the way out of the drive way. As I was exiting the drive way, there was a ladder (didn't see anyone on it) blocking it, but also seemed like enough room to maneuver to the side of it. I moved to the side of the ladder on my way out of the drive way only to scrape my car against the side wall (side mirror scraped).

As I came home, the crew leader said that he was going to sue me because I almost killed one of his workers. Nobody was injured and it's his word against mine. He said that cops were on their way, that he's going to sue me and file a report. I challenged him on his accusation and he told me he didn't want to argue. Those guys work for the realtor who owns my place too by the way.

I own a car that is narrow enough to squeeze through the drive way without hitting the ladder. Had I actually hit the ladder, I wouldn't have got a scrape on my side mirror due to my car being narrow.

Nobody was injured, and I stood by my word and he said I was calling his workers liars. I could very well say that they are calling me a liar for denying it, and I stand firm on what happened. Can he actually sue me? Nobody was injured, and the only thing he can do is say that my car hit the ladder (a lie since I heard the noise of my car scraping the wall, not hitting the ladder). He said I almost killed one of his workers and the realtor said that this is a concern because of the safety of her workers. It's their word against mine. Can I be sued for this?

From the LawyerCentral forum archive. Originally posted 6 February 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

3 answers

Visitor answer 16 February 2012

First, try listing this in PERSONAL INJURY instead of Workers Comp.

Second, when people are trespassing on YOUR property, call the police and report CRIMINAL TRESPASS. Then you've established the fault lies with the roofer.

There is no "Cause of Action" for 'almost killed one of my workers'. THere IS a Personal Injury action possibility. You may have to defend a lawsuit for personal injury. You would likely turn that over to your homeowners' insurance, providing you have liability coverage.

Just FYI, you can always be sued, no matter how goofy the facts.

Visitor answer 8 June 2012

The good thing is the accident was not happen, but this count as a personal injury law.

Visitor answer 8 August 2012

Workplace injury is really very terrific but it has not been cleared yet whether you are talking about injury at workplace or some personal injury?

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