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legalgems, Arbitrator
Category: Real Estate Law
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Experience:  Just Answer consultant at Self employed
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I own a landscape company In January of 2014 we did concrete

Customer Question

I own a landscape company
In January of 2014 we did concrete repairs at a customers home, I attempted to use the water spigot closest to our work but it would not move
I assumed it was not turned on inside or froze
I found a spigot on the opposite side of the house to use instead ( The water was used only the second day of a4 day job ) About 4 days after the job was complete the customer (older lady) called me and said she wanted to inform me of a accident , apparently the water spigot in front had started to run So she went outside to turn it off and fell
Injuring her leg
I have her my insurance info
But told her I was sorry she was hurt but I am positive I did not turn that water on that the spigot would not move and I felt that she had turned the water on from the inside With the hose still hooked up and it froze. She said it was possible and never contacted my ins company that in aware of
Now this year she scheduled some work and we've been very busy and couldn't get to her soon enough for her liking
She asked to meet me to discuss her unhappiness
At our meeting she informed me that she wants to be put at the top of the list or she is going to call her lawyer about her leg
At this point I didn't think it was wise to have any further discussion. However she has emailed me a extensive list of work she wants completed and I have a feeling she wants it done for free
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  legalgems replied 3 months ago.

A few minutes please as I look into this.

Expert:  legalgems replied 3 months ago.

The statute of limitations for personal injury is 3 years pursuant to section 5-101.

However, in order to prevail the plaintiff needs to prove that defendant's negligence caused the person's physical injury. It will be difficult to prove that the injury was attributable to an event that happened over a year and a half ago; and there is a legal doctrine called "laches" where the court can deny a claim even if the statute is not up-it is based on concepts of equity; and the court may very well determine that the failure to file an insurance claim at the time, along with a failure to pursue any remedy post incident until one wanted free services, along with the threat of contacting an attorney if that person is not prioritized-all that can be used for the court to invoke laches.

Furthermore, the plaintiff is the party that has the burden of proof-by a preponderance of evidence; furthermore the plaintiff's recovery would be reduced by any of plaintiff's action that contributed to the injury (ie not maintaining the faucet, not taking due care if there was ice under the faucet,etc)

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 3 months ago.

Checking in on the above. Thank you for using Just Answer!

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