The recent tragedy at the Algo Centre Mall in Elliot Lake will lead to a variety of lawsuits for both personal injury and property damage claims. People and businesses affected by the collapse have a choice to opt out of a class action lawsuit and pursue their own claims. Opting out of a class action can allow the victim to control their own legal action. This blog will focus on some of the different claims that may be made from this loss.
Persons who were injured both physically and or psychologically may be able to receive compensation for their losses from any at fault parties. These damages can include money for pain and suffering, loss of income, out of pocket expenses and any future care and treatment which they may require. Similarly the families of those injured or who lost their lives are able to make claims under the Family Law Act for their loss of care, guidance and companionship as well as for their economic losses from this tragedy.
It is likely that the injured and their families (known as Plaintiffs in a lawsuit) will name a wide range of defendants who may be responsible for their losses. These could include the owners of the property, a management company, any engineers, builders, renovators or other contractors that built, inspected or repaired the property. Additionally, there may be claims against a variety of regulatory groups who would be responsible for inspecting the premises. These could include the town, province, or other regulatory agencies. There is an expectation by a person that they will be reasonably safe when on the property of others in a case like this.
Tenants who ran businesses in the Algo Centre Mall would typically have two avenues to pursue their losses. First, those who maintained insurance would be able to claim against their commercial or business insurance policies for coverage. This insurance coverage can include loss of stock or contents, business interruption or loss of profits and tenants improvements to the property.
Tenants who are not fully compensated by their own insurance may also choose to pursue claims against the various at fault parties as noted earlier. These claims are not subject to any deductibles or insurance limits. It is possible that these claims may be limited by any lease agreements with the owners or management.
For further information please contact:
Jason D. Singer
The content of this article or blog posting is of a general nature and does not constitute legal advice. It is not intended to be a full or complete analysis of the topic. Before applying the concepts or any content of this article or blog it is imperative that you consult your legal advisor.
Neither the author of this article or Singer Kwinter can accept any responsibility for financial loss nor gain of any nature should the reader not take advice from their legal advisor.