|Slip and Falls Claims|
An occupier of property has an obligation to ensure that the premises are reasonably safe for those coming onto the property. If a fall or other injury occurs as a result of the actions or failure to act on the part of the property’s occupier, the injured party may sue for all losses arising from the incident. Often a secondary question arises with respect to who is the property occupier at the time. Is it the owner, the lessee, the contractor working at the site of the injury, or other party not even physically present. A secondary issue can arise if none of the “occupiers” is insured. The lack of insurance on the property or the activities of the tortfeasor may make the claim valid on paper only, unless the tortfeasor has sufficient assets to pay the claim.
There are no “accident benefits” as in a motor vehicle claim, so that absent some form of disability or supplementary medical coverage that the claimant has, the tortfeasor need pay nothing until either settlement or judgment.
As in motor vehicle claims, damages may be claimed for (however the limitations on claims that apply to motor vehicle claims do not apply here):
Non-Economic Damages (pain & suffering);
Economic Damages, including: