San Jose Premises Liability Lawyer

Premises liability exists to hold property owners accountable if they do not provide a welcoming and safe environment for their guests. If they fail to address potential hazards, accidents are bound to happen. Affected victims may be entitled to pursue legal action to recover compensation.

Whether the incident happened in a public or private space, California law provides legal opportunities to hold the property owner accountable for their negligence. At West Coast Trial Lawyers, our skilled San Jose premises liability lawyers understand local rules and regulations, giving us the insight needed to build a strong case. We can guide you through the legal process to ensure you secure a favorable settlement.

Our team runs on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a FREE consultation, you can contact us by calling (213) 927-3700 or filling out our easy online contact form.

What Is Premises Liability?

Premises liability refers to a property owner’s legal duty to maintain a safe environment for visitors to enter. If they fail to fulfill such obligations, it can cause serious injuries. This, in turn, will hold them accountable for any bodily harm or damages that occur as a result of their negligent actions.

Common Types of San Jose Premises Liability Claims

In San Jose, premises liability claims arise when negligent property owners allow guests to enter a hazardous environment, putting them at risk of injury. These situations can take on many forms. Let’s explore each one below.

Slip and Falls

Slip and falls happen when a property owner does not provide reasonable care to prevent hazardous conditions, like wet or broken staircases. If a fall accident occurs, the injured victim may file a claim for damages, holding the property owner accountable as a consequence of their responsibility.

Dog Bites

A dog owner is required to restrain their pet away from others if it has a history of aggression or is considered a risk. If they do not step in to prevent the animal from attacking, they may be held liable for any injuries it causes. 

For instance, if a dog bites a visitor who is lawfully on someone’s private property, the victim may be given the right to file a claim, arguing that the owner neglected their legal duty to protect them.

Negligent Security

Property owners must incorporate security measures to prevent visitors from encountering foreseeable criminal acts. This includes having:

• Adequate lighting
• Surveillance cameras
• Security guards

If problems arise, such as theft or assault, due to insufficient security, the victim may be entitled to sue the property owner for failing to implement proper care and protection.

What to Do After a Slip and Fall Accident

After a slip and fall accident, it is important to consider doing the following steps:

• Prioritize your health. Get yourself examined for injuries, even if they may seem minor.
• Document the situation. Take photos of your injuries, what caused the fall, and the accident site.
• Report the incident over to the property owner or manager.
• Acquire witness information.
• Consult with a San Jose premises liability lawyer. They will establish an effective approach with your needs and priorities in mind to ensure you are granted satisfactory results.

What Is the Assumption of Risk in Premises Liability?

The assumption of risk in premises liability refers to a legal defense property owners may use to argue that they are not responsible for a visitor’s injuries. This applies when a visitor knowingly and willingly participates in an activity on the premises despite knowing what risks are involved.

For instance, a person who steps into a clearly marked construction zone, despite warnings of potential hazards, may assume the risk of injury brought on by the unsafe conditions.

In such circumstances, the property owner can clarify that they met their legal duty to warn the visitor about the hazards present on the premises, shifting the responsibility for injuries and damages to the visitor. But, this defense may not apply if the property owner failed to address any hidden or unforeseeable dangers. 

How Can I Prove Negligence in a Premises Liability Case?

To prove negligence in a premises liability case, you will need to establish the following elements:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s carelessness was the primary cause of your injury
• You sustained damages, like medical expenses and lost income, as a result of the incident

Try to acquire as much proof as you can to build a well-constructed claim. A skilled attorney can help you determine liability by demonstrating the property owner’s negligence, and will fight on your behalf to ensure you secure fair compensation.

Potential defendants in a premises liability claim may include the following:

• Property owners
• Property managers
• Business owners
• Landlords
• Contractors
• Maintenance companies
• Government entities

Who Is Responsible if Someone Gets Hurt on Your Property in California?

In California, if someone gets hurt on your property, accountability will vary depending on the circumstances involved. Your duty as a property owner is to ensure the premises is in reasonably safe condition before allowing guests in. As a homeowner, if a guest sustains bodily harm due to hazards, like uneven flooring or poor lighting, you could be held liable if you knew or should have known about the issue.

This may also apply to businesses that fail to maintain a protected space for customers or clients. For instance, if slippery surfaces are present, a warning sign should be placed in the affected areas to prevent people from walking in or near it. Failing to fulfill this task could contribute to one or more slip and fall-related cases.

What Damages Can I Receive in Premises Liability Cases?

Damages you may receive in a premises liability case will depend on the following factors:

• The severity of your injuries
• Current and future medical bills
• Lost wages and earning capacity
• Degree of fault

Premises liability involves unique challenges, meaning that the value of a settlement will be different for each lawsuit. To get an estimate of what you could be entitled to, you can use our personal injury settlement calculator by entering the expenses you incurred after the incident. You can also consult with one of our premises liability lawyers to get a more personalized evaluation done on your case. 

Our San Jose Premises Liability Lawyers Are Here to Help

If you have been injured on someone else’s property, you may be given the right to sue for negligence. At West Coast Trial Lawyers, our San Jose premises liability lawyers are here to help you hold the at fault party accountable, ensuring you are granted the compensation you deserve while focusing on your recovery without added-on stress.

To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or completing our quick online contact form.