LAW OFFICE OF ARKADY ITKIN
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case

Punitive Damages Against the Land Owner in Premises Liability Cases

4/18/2014

5 Comments

 
slip and fall injuries
One kind of injury cases in which claimants and their attorney miss on a significant elements of recovery is potential punitive damages in a premises liability case. Imagine a situation, where a claimant trips and falls on a condition a property that has been existing for a while, and as to which the land owner has been alerted several times in the past. The owner failed to take any action to fix the condition for one reason of the other, which lead to the subject injury.    

Under the law, punitive damages are available in premises liability cases, where the client can show that the defendant-owner performs or fails to perform an act that he know or should know will probably cause harm. Nolin v. National Conveniences Stores, Inc. (1979)  In Nolin, the court found that the defendant's inattention to slip-and-fall danger "reflected defendant's overriding concern for a minimum expenses operation, regardless of the risks involved". Likewise, in Stoiber v Honeychuck (1980), the court concluded that the plaintiff was able to support her punitive damages allegations where she alleged that the defendant had actual knowledge of defective conditions in the premises, including leaking sewage, deteriorated flooring, failing ceiling, leaking roof, broken windows, and other unsafe and dangerous conditions. 

It is often worth conducting at least a minimal investigation in a slip and fall / trip and fall cases where a claim for punitive damages can be made. The first step should be finding out whether prior similar complaints or notice of the condition were given to the land owner or their agents, and what, if anything, they have done to remedy those issues. 

5 Comments
Mike Polidan link
1/21/2021 02:15:54 am

I totally understand the thing the workers should be given compensation

Reply
Tex Hooper link
11/10/2022 08:06:21 am

You make a great point about that 1979 case. My sister wants to sue someone for tripping her down an escalator. She will need a good lawyer for the case.

Reply
Premises Liability Attorneys link
4/7/2023 02:20:52 am

Premises liability cases can be complex, but it's important for claimants and their attorneys to be aware of the potential for punitive damages. If a property owner is aware of a hazardous condition and fails to address it, they may be liable for punitive damages in addition to compensatory damages. Conducting an investigation into prior complaints or notice of the condition can help support a claim for punitive damages. It's crucial to work with experienced attorneys who understand the nuances of premises liability cases and can help clients maximize their recovery.

Reply
criminal attorney los angeles link
5/22/2024 11:41:28 pm

Brenda Platt-Drucker's article on divorce attorney fees in California provides valuable insight into the different fee structures available to couples going through a divorce. The flat fee model offered by Legal Action Workshop presents an attractive alternative to the traditional hourly/retainer fee structure, making divorce more affordable and less daunting for many individuals. By outlining the factors to consider when choosing a divorce lawyer, such as the complexity of the case and the presence of contested issues, Platt-Drucker offers practical advice that empowers readers to make informed decisions about their legal representation. Overall, this article serves as a helpful resource for those navigating the challenging process of divorce, offering clarity and guidance amidst a stressful time.

Reply
los angeles drug possession lawyer link
5/22/2024 11:44:40 pm

This article sheds light on an important aspect of premises liability cases: punitive damages. By highlighting cases like Nolin v. National Conveniences Stores, Inc. and Stoiber v. Honeychuck, it emphasizes the significance of a property owner's knowledge and response to hazardous conditions on their premises. Understanding that punitive damages may be available when a property owner neglects known dangers despite prior warnings is crucial for both claimants and attorneys. This knowledge empowers individuals to seek appropriate legal recourse in slip and fall or trip and fall cases, ensuring accountability and justice. Overall, this article serves as a valuable resource, enlightening readers about their rights and options in premises liability situations.

Reply



Leave a Reply.

    RSS Feed

    San Francisco Personal Injury Lawyer

    Contact us

    Contact us for a free, no-obligation consultation to discuss your injury claim at (415) 295-4730

    Categories

    All
    Accident
    Accident Injuries
    Arbitration
    Bicycle Accidents
    Burn Injuries
    Car Insurance Issues
    Cellphones And Driving
    Chiropractor
    Compression Fracture
    Depositions
    Disc Herniation
    Dog Bite Injuries
    Mediation Of Injury Case
    Medical Bills
    Medical Malpractice
    Medical Treatment Of Injuries
    Motorcycle Injury Accidents In California
    Negligent Entrustment
    Pain And Suffering
    Pedestrian Injuries In San Francisco
    Physical Therapy
    Rear End Accident
    Rear-end Accident
    Slip And Fall Injuries
    Spinal Injuries
    Surgeries
    Texting
    Trial Of Injury Case
    Uninsured Motorist
    Work Related Injuries

Personal Injury Law

San Francisco Personal Injury Lawyer Blog
Contact San Francisco Personal Injury Lawyer
Useful Legal Links
​

Employment Law

What Is Wrongful Termination?
Sample Request for Reasonable Accommodation
Sample Complaint about Workplace Discrimination 
FAQ About California Employment Law 

Law Office of Arkady Itkin

Contact Us
About
Our Practice Areas
Current Cases & Results 


Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
Photos from feserc, Elvert Barnes
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case