Ask Me Help Desk - Swimming Pool Accident- scarred for life

I'm going to step in here. First excon is correct, Witnesses can testify that the box had been moved and may even be able to pinpoint the time when the box was moved.

If the mgmt company is smart they will NOT backdate any work orders since that would prove an attempt at a cover up.

Smoothy, you have been making a lot of assumptions that there are no facts for. For example. The OP stated simply that she was at the complex pool, not that she was a tenant there. She would be more likely to say "I was at MY complex's pool".
You have also been wrong about legal issues of testimony. This is a legal forum and answers here are held to a higher standard. And your personal attacks are beyond what's allowed here.

However, I think Chuck made the best points here. I don't think the OP has a slam dunk case by any means.

Quote:

Originally Posted by AK lawyer

In some places I guess. The rules of evidence I am most familiar with make such evidence of subsequent repair inadmissable, as to allow it would discourage mediation of dangerous conditions.

Not true in NY - I take "after the fact, look how they changed things" photos on a very regular basis, at the request of Attorneys.

Quote:

Originally Posted by J_9

I'm wondering if this could be a case of "open and obvious." Therefore, she would win nothing.

No such thing in NY (and I realize she is not in NY) under these circumstances. No matter how obvious the danger is, if it is dangerous to the invited public the property owner is responsible.

For example (and I appreciate this is a stretch) - I could scatter broken glass around my pool to keep intruders out. They walk over the glass (intruder or not), I am ultimately responsible.

Is this fodder for large legal fees? Yes, it is.

Quote:

Originally Posted by smoothy

Right...hen did you pass your BAR exam...and in what state? The resyt of the country the accused is assumed innocent, and the accuser bears the responsibility of proof.

THere are NO photos proving its been moved...if the management office has half a brain they would have backdated papers documenting its move...IF there kept any at all.

Maybe YOU should stick to threads you know something about....and its not here obviously.

You can't file a lawsuit..with little proof of safety hazzard that can't be documented....and worse...expect the defendent to prove innocence of wrongdoing....which flies contrary to the legal expectation of presumed innocence. But then....you don't understand that basic premise of American Law.

She can follow your advice...and lose the case....and get kicked out when her lease expires or in a months notice if she's month to month. Because she can't prove the condition existed as she said....and if you knew anything....its what you can prove that makes or breaks a court case.

Nobody said she never cut herself....what was said is she can't prove the conditions that led it it existed as she claims (no photos of it)....and to win she HAS to do that, not supposed witnesses that can't prove they witnessed anything or were at the pool that day. No evidence no case.

Please stop the personal insults - I'm not aware that excon ever claimed he passed the Bar.

I do investigations for a living and have for some time. In CRIMINAL cases the burden of proof is different. There is no "accuser." There is a claimant and there is a respondent. There may be a Plaintiff and a Defendant.

The testimony of the person injured matters. The testimony of witnesses to where the box was and where the box is matters. If the injuries are substantial (and it would appear they are not although no one here knows what the scar loosk like) subpoenas are issued for the maintenance people, management people. People living in the complex are questioned. That's the evidence of the how/what/where.

I'm surprised by your "if management had half a brain" it would lie comment. A lot of people tell the truth - not everyone lies, backdates records, tries to weasel out of a situation.

I can't speak for excon but I DO know the Law and this is a field I work in every day of my life. I have no idea what "You can't file a lawsuit..with little proof of safety hazzard that can't be documented....and worse...expect the defendent to prove innocence of wrongdoing....which flies contrary to the legal expectation of presumed innocence. But then....you don't understand that basic premise of American Law." means. This isn't a CRIMINAL case. This is a civil case. You can and people do file lawsuits for little (or no) reason all the time. That doesn't mean they will win.

Presumed innocence is CRIMINAL LAW, not CIVIL LAW. No one is accusing the management of criminal activity. For all we know they changed the "box" so no one else could get injured. The mere fact that they corrected the danger implies guilt - as I said, I know how this works.

After the fact witnesses testify all the time.

Until someone seeks and reviews evidence you and I can't say there isn't any.

You have jumped to many conclusions here. Perhaps you have experience with this type of case. Perhaps you've researched the Law. I don't know. I do know you are not correct in this instance.

Will she get evicted if she proceeds with this? Maybe so, maybe not. However, that's what insurance is for and I never tell people to back off out of fear or intimidation. If she's injured and left with a scar she has a claim and she has every right to pursue that claim. And if management then attempts to evict her?

Then she can pursue another action. I am trusting that management will act like adults, realize this is an insurance matter, realize this is a very small amount, settle and life will go on.

I find this thread to be very off course and very incorrect info being posted, none of which is the least bit helpful to the person who asked the question. I hope she'll stick around, provide details, get specific info.

Due to the continuous argumentative nature of this thread, it is now closed.