![]() 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
1/21/2021 02:15:54 am
I totally understand the thing the workers should be given compensation
Reply
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
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
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
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. |
Contact us
Contact us for a free, no-obligation consultation to discuss your injury claim at (415) 295-4730 Categories
All
|