Punitive damages will not be available in most California slip and fall lawsuits, but there are exceptions, provided that certain conditions are met. If you have sustained a serious injury, an experienced slip and fall lawyer in Los Angeles at the Salamati Law can examine the facts of your case to determine whether or not those conditions are present and if you can realistically seek and recover punitive damages. Schedule a free consultation today. We can evaluate your case and advise you of your legal options.
What Are Punitive Damages?
Damages in personal injury cases generally fall into two categories:
- Compensatory damages that make you whole by providing compensation for the actual losses you suffered as a result of another party’s negligence
- Punitive or exemplary damages that penalize a negligent party to deter future bad conduct and to set an example for other parties to prevent similar behavior.
Because punitive damages are intended to be a punishment, a California court will award them only if a negligent party’s conduct is egregious or if that party willfully or wantonly committed an act that resulted in serious injuries.
When are Punitive Damages Available in a Slip and Fall Case?
If an injured party seeks punitive damages in a slip and fall lawsuit, a California court will generally ask three questions to determine if those damages are warranted:
- How reprehensible was the defendant’s conduct, i.e., did the defendant demonstrate a conscious disregard for your safety?
- Is there a significant disparity between the actual or potential harm suffered by the injured party and the amount of a punitive damages award?
- What is the difference between the punitive damages a jury recommends and the civil penalties courts have imposed in similar cases?
Courts will look closely at the evidence in each slip and fall lawsuit to determine if a punitive damages award is merited. If, for example, the evidence shows that the injured party suffered catastrophic injuries such as a traumatic brain injury (TBI), paralysis, or wrongful death or that the negligent party willfully attempted to destroy evidence of their liability, a court may be more amenable to awarding punitive damages to the slip and fall accident victim or their family.
We have represented accident victims in slip and fall lawsuits where the defendant immediately and intentionally destroyed or attempted to destroy crucial evidence that would have helped the victim’s case. If there is a similar fact pattern in your case, you may be eligible to recover punitive damages.
What is Conscious Disregard for Safety?
To succeed with a claim that the defendant in a slip and fall lawsuit acted with a “conscious disregard” for safety, the facts of the case must demonstrate that the defendant was aware of a dangerous hazard and willfully failed to fix it. Courts apply a three-part test to determine this:
- The defendant had actual or constructive knowledge of the peril.
- The defendant had actual or constructive knowledge that injury was probable, as opposed to possible, as a result of the danger.
- There was a conscious failure on the part of the defendant to act to avoid the peril.
The Final Step: Did a Managing Agent Act with Conscious Disregard for Safety?
When you are suing a corporate entity such as a retail store for punitive damages following a slip and fall accident, Section 3294 of the California Civil Code requires you to demonstrate that the conscious disregard for safety was the result of “malice on the part of an officer, director, or managing agent of the corporation.”
In other words, the evidence in your case must show more, for example, than a cashier at the grocery store who knew that the freezer in the frozen food aisle was leaking condensation all over the floor. Your evidence must also show that the manager or owner also knew about it and further understood that a severe injury was a probable result. However, they decided not to do anything to ensure the safety of the patrons.
How are Punitive Damages Calculated?
Unlike some other states, California does not follow a set formula to calculate punitive damages in a slip and fall lawsuit, nor does it place an upper limit on the amount that an injured party might recover. Instead, the state adheres to the United States Supreme Court’s admonition that punitive damages should not be grossly excessive or constitute an arbitrary punishment.
A California court will typically charge a jury with recommending a punitive damages amount with instructions to consider the negligent party’s behavior. For example, was the behavior despicable, is there a reasonable connection between the injured party’s actual damages and the punitive damages award, and will the punitive damages amount prevent the negligent party and others from repeating the egregious conduct?
Contact Us for Your Free Consultation Today
Convincing a jury that punitive damages are appropriate is one of the more significant challenges in a California slip and fall lawsuit. At Salamati Law in Los Angeles, our skilled team will know how to analyze the facts specific to your case and determine whether it makes sense to pursue punitive damages.
Since 1995, our attorneys have held negligent defendants accountable to achieve justice for our clients and maximize their financial compensation. This may include compensation for the full measure of their losses and punitive damages that punish the egregious behavior that gave rise to the injuries. If you have questions about punitive damages, call today and arrange your free consultation with a slip and fall lawyer in Los Angeles. As we work on a contingency fee basis, you will not be charged legal fees unless you win.
