San Jose Premises Liability Lawyers
Pursuing Just Recovery from Another's Negligence
Whenever you visit a commercial business, a residence, or a public property,
you have the right to expect reasonably safe conditions on the property
under premises liability laws. According to these laws, which are established
in most states including California, the owner of any premises has a duty
of care to anyone who is an accepted visitor of his or her property.
In other words, the owner must sensibly maintain his or her premises and
also address any hazards that come up in a timely fashion. If he or she
fails to exercise this duty, then he or she can be held liable for any
damages that result from such negligence.
Contact our San Jose premises liability attorney today for help pursuing just compensation!
Premises Liability Verdicts and Settlements
- $1,500,000 - Construction site accident involving spinal and shoulder injuries
resulting in loss of ability to do job in a skilled trade
- $608,000 - Slip-and-fall caused by janitorial service not posting warning
signs after mopping resulting in a fractured kneecap
- $465,000 - Slip-and-fall accident caused by the accumulation of printing
ink on stairs resulting in multiple herniated disks
At Caputo & Van Der Walde LLP, our experienced
San Jose personal injury attorneys have achieved more than substantial settlement amounts for clients in
the past. Our success is driven by our deep knowledge of personal injury
law. We know the best ways to counteract disputes by insurance companies
and other opponents commonly encountered in injury cases. Let us help
you obtain the compensation you need to make a complete recovery.
Call us today at (800) 900-0863.
Determining the Validity of My Premises Liability Claim
Any number of circumstances can be behind a premises accident, but all
premises liability claims are based on the violation of one simple rule.
The rule is that the owner of a property must keep the premises safe; in fact, it is a legal duty. If there are any dangers present in the design,
construction, or condition of the property, the owner must address them
quickly before they cause harm to a visitor. For example, if the handrail
on a stairwell is broken, the owner of the premises must get it fixed.
He or she should also put up a sign in the meantime warning visitors of
the handrail's broken status.
Of course, visitors are expected to exercise good judgment and not act
negligently and / or recklessly. If an injured visitor was not legally
allowed on the premise or acted in a careless manner at the time of an
accident, then he or she may not hold the owner liable for any damages.
Who is responsible for my accident on another's premise?
Different kinds of property may have different rules that apply when it
comes to determining the liable party for a premises accident case. A
general rule of thumb is to file a claim against both the owner and the
occupier and let the insurance company sort it out. You can also refer
to the following guidelines to find out the liable party in your property
Commercial business: If you are injured at a commercial business, you should immediately notify
the business of the incident. They should have an insurance company that
will sort out the liability issue based on the terms of the business's
lease and / or contract.
Private residence: Homeowners are primarily responsible for the safety of their guests. In
rentals, on the other hand, responsibility is divided between the landlord
and the tenants: landlords are responsible for the common areas and utilities
while tenants are responsible for the space inside of their apartments.
Adjoining properties: In cases where an accident takes place on a boundary line between two
properties, such as a fence dividing separate yards, the claimant should
file an initial notice of claim against both of the involved owners.
Legal Help from Our San Jose Premises Liability Lawyer
Our reliable legal team at Caputo & Van Der Walde LLP can guide you
through the premises liability claims process and help you win compensation
that can cover your:
- Medical expenses
- Lost wages
- Pain & suffering
Do not make the mistake of going up alone against a predatory insurance
company that may do their best to deny your claim. Contact our law offices
today and give yourself a fighting chance. Schedule your
free consultation by calling us at
Click here for more verdicts and settlements.