What types of damages may be sought in a premises liability claim?
In South Dakota, slip and fall premises liability claims typically seek damages for any physical or mental harm that a person suffered as a result of the premises owner or operator’s negligence. The most common types of damages in such claims are medical expenses, lost wages, and pain and suffering. Medical expenses include costs related to medical treatment, including hospital stays, doctor visits, physical therapy, medications, and any other medical expenses that are the result of the slip and fall accident. Lost wages refer to the wages or salary a person lost as a result of the injury, such as time taken off work to visit a doctor or attend physical therapy. Pain and suffering is a type of non-economic damages which seeks to compensate a person for the emotional and physical pain that they experienced from the slip and fall accident. This type of damages is subjective, but generally includes lost quality of life, mental anguish, depression, and other intangible harms. In addition to the above damages, some claims can also seek punitive damages, which are meant to punish a premises owner or operator for particularly reckless or irresponsible behavior. Punitive damages are usually not applicable in slip and fall accidents, but can be pursued in certain cases if the defendant behaved in a particularly egregious manner.
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