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Can I sue a business for not clearing their sidewalk?

CDL.TO

CDL.TO

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Just today I slipped on a section of sidewalk with a heavy buildup of ice. It's clear that everyone crossing this section of sidewalk was slipping and sliding. My feet slipped out from under me, and I landed on my backpack which was carrying my brand-new, 5-day-old laptop. I now have a smashed screen which I'm probably looking at several hundred dollars to replace (which I can hardly afford).

Would it be possible or feasible for me to take the property owner to small-claims court?
 
The building owner is responsible for snow removal not the tenant. Even if it says in the lease that the tenant is responsible they cannot agree to something that is contrary to the law, so that's where you would first turn to for compensation (if it's a small building the business operator just may be the building owner which would be the best case scenerio for you).

Alternatively check your home insurance, if you have named perils coverage you are SOL, but if you have all risks (which is what everyone should be carrying) then you are most likely covered, hopefully your deductable is only $300, if it's higher it may not be worth your effort.
 
or just accept that sh*t happens? Why does it have to always be someones fault? I have fallen over many times, I cursed, then got up and got on with my life.
 
BUGEYEDBRIT said:
or just accept that sh*t happens? Why does it have to always be someones fault? I have fallen over many times, I cursed, then got up and got on with my life.
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I've fallen over many times before and got on with my life as well. However, I've never broken something that I can't afford to replace due to a fall caused by someone failing to obey the law before. For that matter, what if you couldn't have gotten back up because the fall caused you to break your ankle or hip, causing lost wages? Would you accept that as part of life?

If it's within my rights to seek repair for my loss, why shouldn't I?
 
junctionist said:
It would send a bold message to property owners to stop neglecting their sidewalk duties. It's the law, some salt could have prevented the incident.
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I think you would have to prove a case of neglect.

The city should be managing the proper care of its assets - like sidewalks.
 
Hydrogen said:
I think you would have to prove a case of neglect.

The city should be managing the proper care of its assets - like sidewalks.
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Yeah, you'd definitely have to prove that. Someone may have to pay, depending on the specifics. I do believe that there individuals who know the law, know the risks, know their own circumstances and don't do anything.
 
A tip for the ultimate replacement, especially if you have to pay for it yourself: look on eBay, as you can usually get something a lot cheaper there than buying from the manufacturer. Another option, ask the computer company to fix it under warranty. Say that it broke unreasonably. I had a laptop screen that just shattered completely inexplicably. I didn't drop it or anything.
 
You may have a case, of course it would depend if the owner was within the allowed timeframe for snow removal. I believe it's up to 12 hours from the time the snowfall has ended...though I get the feeling I'm wrong.
 
Ummagumma66 said:
you'd also have to prove that the damage on your laptop was a result of your fall.
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He'd also have to prove it happened where he says it happened. That could be difficult. If it ultimately comes down to CDL's word vs. the defendants then the judge could go with whoever he finds more credible or just dismiss the case.
 
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