Owner of a shopping plaza(Licensor)enters into an agreement with a TV company(Licensee) to let Licensee use its premises to shoot a scene for one of the Licensee's TV show. The use of the premises is for one day only, between the hours of 7.00 AM to 2.00 PM.
Licensee did inspect the said premises and observed no dangerous conditions. Licensee accepts the premises, 'as is' and assumes all risks of injury or damage to Licensees persons or property, in all ways connected with Licensee's use of the premises. Licensee agrees to indemnify Licensor against all claims for injuries or damage to property or persons, caused by licensee's use of property for filming. Licensee is to maintain a Public General Liability Insurance policy, covering all activities of the TV company for the period indicated above and that Insurance policy must name Licensor as an additional insured.
At approx 5.00 AM, an employee of the TV company is coming down a flight of stairs inside the premises. She walks slowly down each step, holding on to the rail, when she suddenly slips due to the steps being wet from early morning mosisture(dew)and falls down. Her injuries include an ACL tear. This same knee was operated about a year before she fell at the Plaza. She has another surgey coz of her fall at the Plaza. Her medical expenses for this Plaza incident were paid by the TV company's Workers Comp Insurance.
Does this employee have a tort claim against the owner of the Plaza for her injuries and lost wages. She claims the steps had no safety grip tape to protect her from falling. Her medical expenses and lost wages are approx $37850. What is her case worth if she takes the owner of the Plaza to court?
Thank you for your assistance in this matter.
Last edited by fejee; 07-22-2005 at 12:31 AM.
Reason: grammer and spelling
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