Postal worker falls, is it my fault?

[Manny_Borges]

What is the name of your state? MA

Hello all,

I just received a letter from the Post Office asking me to get in touch because they believe that I am legal responsible for the injury sustained by our postal worker.

Let me give you the facts I have.

According to the postmaster that visited my house, the postal worker tipped and fell on a root in my yard. He stopped by to request that I move the mail from the top of the five stairs to my small front porch down to the street. He inferred that my mail service may be suspended if I failed to comply. (The mail box has been in that location for over 100 years).
I feel badly that she fell, and went right out and purchased a new mailbox and that weekend installed it as requested.

I know it looks bad for me so far.

BUT.

The place the worker fell is in my yard. It is not anywhere close to the path that I am very careful to keep free of debris, snow, and ice.

She was taking a shortcut through a landscaped (Mulched and in the summer covered with flowers) piece of my yard.

I feel badly that she got hurt, but if she had taken the long way and followed the path and climbed the brick stairs rather than tromp through my yard, she wouldn't have had anything to trip on except her own feet.

In any case, she was acting in a job that requires her to journey into other people’s property. It feel it is unreasonable that the city is unwilling to take care of her injuries. I mean she was functioning as their agent.
I don’t think that is unreasonable to assume that a person is going to fall down and hurt themselves while trying to deliver mail in the New England winter. I think it is unreasonable to ask the home owner and receiver of that mail to pay for their injuries when every reasonable effort has been taken to make sure that injuries are prevented.

Of course reasonable doesn’t always seem to be the guiding factor in these things.

To be quite honest I am feeling a little intimidated by the post office and was hoping that someone might have a similar experience or some advice they can offer.

Am I at fault here?

Thanks in advance,

Manny B

 

[tjr5150]

I'm just a regular person like yourself.. I know laws are different from state to state and the fact that she tripped and fell on your property doing her job would mean that her employer is responible for her injury bills.. I think what your saying is your mail carrier has a walking route? She has never complained before right? I also don't think you should have to move your mailbox.. I would consult with an attorney if you could, they will usaully do a consultation for free. I think this would be your best bet..

 

[Dandy Don]

Do you have homeowner's insurance at all, which might possibly cover an incident like this?

 

[BelizeBreeze]

I'm just a regular person like yourself.. I know laws are different from state to state and the fact that she tripped and fell on your property doing her job would mean that her employer is responible for her injury bills.. I think what your saying is your mail carrier has a walking route? She has never complained before right? I also don't think you should have to move your mailbox.. I would consult with an attorney if you could, they will usaully do a consultation for free. I think this would be your best bet..

And, based on the facts in the post, you would be wrong.

 

[Manny_Borges]

Thanks for all the advice so far

Hi all,

Dandy Don,

Yes I have homeowners insurance, and it should cover this, but I really am leaning towards the idea that I am not responsible. I mean, come on, if the homemowners of America take reasonable steps to assure a safe environment for the postal workers, should they be able to sue us for an injury that results from thier own laziness;from taking short cuts rather than using the correct path?
She tripped on the root of a six foot diameter oak tree. How can you miss seeing a gigantic tree like that?

If this is possible, then every homeowner in the country is open to liability if they want to recieve postal service.

I could see if my dog attacked her. I could see if I had failed to shovel or lay down salt. I could even see if she fell down the stairs. But she tripped while walkin through my flower beds.

I am not attacking you, I am just irritated at this whole situation. It just feels like a frivolous lawsuit. If I fall down at work I would expect workmans comp. I wouldn't sue the owner of the building if they weren't reponsible.(This is assuming that a diffrent company/person owns the building).

Belize Breeze,

Would you mind explaining your post? I don't understand what you mean.

 

[Rogue Steward]

Hi all,
should they be able to sue us for an injury that results from thier own laziness;from taking short cuts rather than using the correct path?

Letter Carriers are legally allowed to take short cuts through lawns. The reasoning for this ought be obvious.

 

[tjr5150]

Rogue Steward Quote:
Originally Posted by Manny_Borges
Hi all,
should they be able to sue us for an injury that results from thier own laziness;from taking short cuts rather than using the correct path?



Letter Carriers are legally allowed to take short cuts through lawns. The reasoning for this ought be obvious.

Please state the reason and why it should be obvious...
You don't cut through someone's flowerbed wether it be in summer or winter..
I spoke to a friend who has been a postal carrier for 12yrs, and she said they are supposed to stay on the walking path when going to a customers door..

And, based on the facts in the post, you would be wrong.

BelizeBreeze, pleade tell me why I'm wrong..
I would'nt think you, yourself would think you were responsible if your mail carrier trip on a root from a tree in your yard.

 

[Rogue Steward]

Please state the reason and why it should be obvious...
You don't cut through someone's flowerbed wether it be in summer or winter..
I spoke to a friend who has been a postal carrier for 12yrs, and she said they are supposed to stay on the walking path when going to a customers door..

It ought be obvious in that mail carriers can deliver your mail more quickly if they simply "cut" through lawns. "Cutting" through a lawn ought not be considered the same as "cutting" through a flower bed by a reasonable person.

You and your friend ought consider Article 41.3.N of the National Agreement between the USPS and NALC.

 

[Manny_Borges]

I think maybe you should take your own advice.

Rouge Steward,

I just read the section you referanced. I will take the extra few seconds and paste it in:

"N. Letter Carriers may cross lawns while making deliveries
if customers do not object and there are no particular hazards
to the carrier."

If you are going to make a referance then read it first. This does not say that postal carriers can cross your lawn. It says that they can do it as long as you don't voice an objection and there is nothing dangerous.

Assuming that you have permission to do something just because no said you can't is false logic. And a big honking oak tree is a pretty noticable hazard.
I am not ignoring your comment about the flower bed.

I thank you for your insight (even if I disagree with your interpretation) and in pointing out this document.

I keep hearing that in some states if a burgular injures themseles while robbing you that you are liable. Everyone seems to know that one, but so far no one can tell me if its like that in MA. Or be as succinct as Rogue Steward and be able to point out a specific document, or law that clearly defines liability.

I spent about an hour on the phone and talked to eight diffrent people and two diffrent offices. No one could tell me the liability or even if they had ever dealt with anything like it. I eventually became frustrated (but remained polite) and told them to just file the claim and gave them a contact name at the USPS.

I have been acused before of being a perfectionist and a workaholic. I do think deatils are important.I believe in understanding as well as learning. I don't think ethics are optional. And I believe in taking responsibility for my actions and inactions.

I was dismayed that not one person I spoke with at the Post Office or at my insurance company seemed to share my views. That is, when they could figure out how to work thier phones(thats a whole seperate rant).

 

[Rogue Steward]

Rouge Steward,

I just read the section you referanced. I will take the extra few seconds and paste it in:

"N. Letter Carriers may cross lawns while making deliveries
if customers do not object and there are no particular hazards
to the carrier."

If you are going to make a referance then read it first. This does not say that postal carriers can cross your lawn. It says that they can do it as long as you don't voice an objection and there is nothing dangerous.

Assuming that you have permission to do something just because no said you can't is false logic. And a big honking oak tree is a pretty noticable hazard.
I am not ignoring your comment about the flower bed.

You fail to understand contract language.

I thank you for your insight (even if I disagree with your interpretation) and in pointing out this document.

You're welcome.

I was dismayed that not one person I spoke with at the Post Office or at my insurance company seemed to share my views.

Good Luck and keep us posted.