OK Swing, now your are starting to make me feel old. I read the
It states that 80% of the deaths occur to children under the age of
I probably couldn't climb much until two. At the age of five I knew
better, thanks to my folks. (I am envisioning a time when we got our
first "brand new modern black and white television" which I was not
allowed to simply touch.)
So there is a window of uncertainty there... say about 3 years. At
age five I was in kindergarten, and certainly not allowed to climb on
furniture, pull things over, etc. in school. So that took care of
school and home.
Seems others in the test were raised in different conditions.
That being said, I wear myself and my guys out trying to prepare for
actionable occurrences. Once my jobs start, I almost feel like I have
established an adversarial relationship with my clients.
In 27 years of having my business, I have been threatened with
lawsuits many times in the past, and sued twice, only to have the
judges refuse to hear the cases based on their lack of merit.
For example: we built a deck for a family, and put all the pressure
treated wood scraps (small) into our job cleanup bags. We had them in
a secure area, the trash container corral built by the owner. We
agreed together that the bags would be "OK" in there. These bags were
for next day pickup by me.
Their little wire haired terrier puppy dug out of the yard, under the
trash enclosure fence and tore open my cleanup bags as well as their
trash bags. He ate a piece of the pressure treated wood along with
some other assorted kitchen trash, and was dead in two days.
Yet, even though I had counseled them on the very issue of leaving the
PT wood alone and we scrupulously policed the area at the end of each
day, (I was actually more afraid of their kids eating or handling the
wood chips) they felt like I was responsible. They wanted $10,000 or
they would sue. How was this my fault?
He had NO problem finding an attorney to take the case. But in the
end, why was the case dropped since it never made it before a judge?
As a contingency case, it was iffy, and besides not enough dough in
it. Anyone here that has required the services of a lawyer for the
smallest of problems knows that it is a minimum of $5K to the attorney
if the court case actually goes to court.
So I told them, "I'm so sorry for your loss, I can understand your
pain in this. But do what you need to do. Sue me if you feel like
that's the right thing to do."
I am sure what happened was that when their attorney told them that,
he knew IF he found judge that would hear it, that he would probably
be limited to the $5K commission on his part, and it would be tough
sledding at that.
I suspect the attorney dropped the client, not the other way around.
It is indeed litigious times we live in. And as people feel less and
less responsible for themselves, their own personal welfare, their own
actions and decisions, I can only assume it will get worse.