San Jose Premises Liability Attorneys

Trips, slips, and falls are a part of everyday life, whether you are at somebody’s home, a grocery store, a restaurant, a shopping mall, an apartment building, or even an office building. But contrary to what people may believe, such accidents are not solely the result of a person’s own clumsiness. In truth, sometimes it is, but oftentimes, these accidents are the result of property owner negligence.

Where Premises Liability Law Comes In

All property owners and/or managers, whether it is private or public property, have a duty to protect the health and safety of visitors lawfully on that property. This means that they must conduct proper maintenance, repair any hazardous conditions in a timely manner, and reasonably warn visitors of dangerous situations. This duty falls under California premises liability law, and gives injured victims of property owner negligence the right to sue for damages; but the law is not one-sided.

For example, if there is an obvious hole in the middle of a room, that no person would miss if normally or reasonably paying attention, and someone falls or trips as the result of his or her own negligence, the property owner is not liable for the injuries sustained in that accident. If that hazard has been present for a long time and the owner has failed to repair it, however, it may be a different story.

Examples of Property Owner Negligence

There are a variety of conditions that may cause a trip-and-fall or slip-and-fall accident for which a property owner or manager may be held responsible, especially if they do not take precautions to reasonably warn visitors of the condition:

  • Poor lighting;
  • Broken handrails;
  • Broken steps/stairs;
  • Uneven floor surfaces;
  • Slippery/wet surfaces;
  • Inadequate security; and
  • Lack of supervision.

Depending on the location of the hazard and severity of the fall, victims of hazardous conditions, such as those above, can suffer serious injuries, including, but not limited to:

  • Broken hands and/or wrists;
  • Facial fractures or other injuries;
  • Broken hip;
  • Head injury;
  • Spinal cord injury;
  • Carbon monoxide poisoning;
  • Torn ligaments and tendons; and
  • Assault (in the case of inadequate security).

Obtaining Justice for the Injuries You’ve Suffered

A successful premises liability lawsuit can obtain the financial compensation necessary to help injured victims recover to the best of their ability; but premises liability law is complicated and you need to be sure that your accident falls under the appropriate qualifying conditions before filing a premises liability claim. The experienced CA premises liability attorneys at Caputo & Van Der Walde LLP are well-versed in all aspects of California premises liability law and are prepared to investigate your claim and determine who is liable for your accident.

If you have been injured in a slip-and-fall or other premises liability accident, call us at (800) 900-0863 to discuss your situation with one of our attorneys.

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