Got almost killed by rescuing toddler

[crow01]

Here we go again...

Tralala lala I'm walking on the sidewalk on a colder than usual Chicago day.
I see from afar a toddler riding his tricycle. Falling leaves, winter is coming.

As I walk towards the kid I hear the trees creaking, pretty normal for a windy day.

I am getting closer to the kid when I notice a gigantic branch is about to cut off from a tree, I mean it is just hanging there and it so noticeable and obviuos that I wonder why the heck the neighbors have not called the city or whoever to come and cut it off.

Getting closer so I try to go around but then I hear more creaking and the branch, the size of a row boat cuts off and start to fall down.

With the corner of my eye I notice the kid is right below the falling path of the branch.

In a milisecond I jump to where the kid is but did not have time to get off the way, so I shield the kid with my arms and body and hope for the best...or worst.

When I open my eyes I am inside an ambulance, neck brace, oxygen mask, paramedic preparing a needle.

I open my eyes again and I am in hospital bed.

A nurse asked me if I was in a bad car crash.

I open my eyes again, a doctor is studying some xrays...we inserted a titanium plate here and there to hold this and that together.

I asked what happened to the kid. He says kid is fine and is waiting outside with his parents to thank me.

Kid comes in the room, hugs me and cries, his parents cry.

When I get home I hire a lawyer. He tells me the city doesn't want to be blamed because they don't own the trees. The neighborhood block doesn't want to be blamed cause the trees are just trees.

So pretty much you are on your own when a branch falls onto you. Sure insurance covers but I want to make sure this doesn't happen to some little girl playing on a sidewalk.

I was lucky to come out of it in 1 piece...actually pieces glued together. A kid won't have such a luck.

Someone needs to take the blame.

[chicago_mike]

Well, you could chalk it all up to being nice, or have lawyer get in touch with city to see who owns or maintains the trees.

[C.Linton]

Shouldn't be too hard to find out who maintains the trees. Or at least who's supposed to.
Perhaps the owner of the property where the tree is. Find that out, you find who's responsible. You could possibly sue them for pain and suffering, something that insurance doesn't cover.

[IconBasser]

what is it with you and saving people? And yes, find out who owns the trees (probably the city) and if you can't force them to cut off dying branches via the courts, then get in touch with the city council and suggest some sort of bill that would require them to do so.

[Staccato]

You are amazing! Hope you're feeling a whole lot better soon.

Accident/Injury lawyer? Some are no doubt-better than others.

[A-Step-Towards]

Dude good job , your a brave guy.

Hope all works out.

[EricF]

Do what you need to to get whatever compensation you feel is justified, but your actions are worthy of hero status in my book. Well done.. Very well done.

[Munjibunga]

Originally Posted by crow01

Here we go again....

Here we go again indeed. Maybe, out of gratitude, the parents of the little girl will assume the cost of defense in the lawsuit that resulted from your previous act of heroism.

How's that going, by the way?

Also, could you send us a link to the news item that surely would have chronicled your latest adventure?

[taphappy]

Damn good thing that you were there. Those people aren't likely to ever forget it.

Somebody has to be accountable for these things, so it's prevented in the future. Especially around someplace dubbed "The Windy City", you'd think people would mind the trees. Unfortunately, don't know who would be responsible, and nobody's going to want to claim responsibility.

Makes me feel dirty to say this, but past lawyering up, I'd say your only option is to contact local government, and if that doesn't do anything, the media. They sometimes love getting their mitts dirty on this type of stuff, and the political season's always great to get city issues out if they can point fingers. But, watch yourself if you get interviewed. They're paid to be skeptical. If they smell any spin that you're looking for a payout, they'll run with it.

Thankfully, you're insured. That's the life-altering type of medical bill. But, I'm thoroughly happy that this is a sidenote of "Dude wonked by tree, now sets off metal detectors at airport" rather than "Toddler crushed by tree".

Feel better, bud :)

[kesslari]

Originally Posted by Munjibunga

Here we go again indeed. Maybe, out of gratitude, the parents of the little girl will assume the cost of defense in the lawsuit that resulted from your previous act of heroism.

How's that going, by the way?

Also, could you send us a link to the news item that surely would have chronicled your latest adventure?

Awww, Munji....

[GregC]

Originally Posted by Munjibunga

Here we go again indeed. Maybe, out of gratitude, the parents of the little girl will assume the cost of defense in the lawsuit that resulted from your previous act of heroism.

How's that going, by the way?

Also, could you send us a link to the news item that surely would have chronicled your latest adventure?

+1. Never did hear anything about your previous story around town or on the local news. Maybe I missed it.

[MJ5150]

Originally Posted by crow01

Someone needs to take the blame.

Someone needs to stop with the stories.

-Mike

[Febs]

When did this incident purportedly happen? Because you posted here on TalkBass on the 8th, 10th, 13th and 15th. It's incredible that sometime in that span, you suffered these devasting injuries, recovered sufficiently to be released from the hospital, went home, hired a lawyer, and received the results of the lawyer's investigation.

I'm also having difficulty believing that your attorney would tell you that you are "on your own" because the city and neighbors do not "want to be blamed." The relevant question that any competent attorney would address is not whether the owners of the tree "want to be blamed" -- of course they don't want to be blamed -- but whether they may be held legal liable for your injuries. I am not admitted to practice law in Illinois, but a quick Google search tells me that at least one Illlinois court has held that, "a landowner in a residential or urban area has a duty to others outside of his land to exercise reasonable care to prevent an unreasonable risk of harm arising from defective or unsound trees on the premises, including trees of purely natural origin." Mahurin v. Lockhart, 71 Ill. App.3d 691, 390 N.E.2d 523 (Ill. App. 1979). Given the apparently serious nature of your injuries, I find it hard to believe that an attorney would advise you that you are "on your own" without--at a minimum--conducting some investigation into the ownership and condition of the tree at the time of the incident.

[frianbisher]

Pics or link to news story or it didnt happen....

[Pacman]

Epic fail complete. Thread closed.