Personal Injury question: Injured delivering newspapers.?
Last February, my sister broke her leg while delivering papers for a local newspaper. It was 4am, 15 degrees, and there was some recent snow on the ground. By the grace of God, the owner of the house she fell in front of was in his garage smoking a cigarette. He heard her cry out, contacted me, and together we took her to the hospital. One hellacious compound fracture, one titanium rod, 2 screws, and 6 months later, the newspaper is suing her for breach of contract, because she stopped delivering papers without a 30 days notice. They will not willingly offer workman's comp, because she was an independant contractor. She was also not insured. The owner of the home had a $1000 home owners insurance "limited injury" policy. This man was a lifesaver. She and I both would feel terible suing such a man. If I had my way, I'd torch the newspaper building for being so inconsiderate, but that wouldn't solve anything. Do you have any suggestions?
Answers:
That's an unfortunate situation. However, the paper is not liable for her injuries. It is pretty shocking they would turn around and sue her for breach after that. It's pretty cold-hearted. Was there a written contract? How old is she? There are a lot of factors that would weigh into whether or not they have a decent case. If the only issue is that she didn't give 30 days notice then they don't have much of a case because obviously she didn't know she was going to be injured. There were exceptional circumstances. She should get a lawyer to sort out these issues but it doesn't sound like there is much she could countersue for. Someone suggested a countersuit for malicious prosecution - that is wrong. She is being sued, not prosecuted. That only works in criminal prosecutions.
Learn from the experience and move on. When I had a paper route I had several friends that I could get to sub for me. She should have done the same. She did not work for the paper, they have no obligation to give her anything for an accident they did not cause. What would you have the paper do that they have not? The accident was not caused by them. They suffered a loss because your sister did not honor her contract.
Well, you really wouldn't be able to hold the newspaper or the nice man who helped her liable for her injuries, because, frankly, you would never be able to prove that either of them were responsible for her injuries or that either could have reasonably prevented them.
However, you can fight the breach of contract suit pretty easily, and even counter-sue for harassment, malicious prosecution and just general bad faith. The newspaper might not owe her medical expenses because of her independent contractor status, but suing her for getting injured in the execution of that job and not notifying them is bad faith (and just really mean).
I would contact a local lawyer in your area, because these kinds of laws differ depending where you are. Look in the yellow pages under workplace/ employment or personal injury, or call the local Bar Association for a referral, or even Legal Aid. Most attorneys will give you at least a free consultation, and often will take your case on contingency (they don't get money till you do).
Hire one right away to respond to the breach of contract suit -- you need to clarify your sister's rights as soon as possible.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: