Campbell Office
51 East Campbell Avenue Suite 120 Campbell, CA 95008
Caputo & Van Der Walde
Local Personal Injury and Accident Attorneys
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If you’ve been injured due to unsafe conditions on a business or property owner’s premises, you shouldn’t have to bear the burden alone. At Caputo & Van Der Walde, our team is dedicated to holding negligent property and business owners accountable and securing the justice and compensation you need. Contact us for a free consultation with a San Jose premises liability lawyer today.
Whenever you visit a commercial business, a residence, or a public property, you have the right to expect reasonably safe conditions. According to premises liability laws, which are established in most states including California, the owner of any property has a duty of care to anyone who is an accepted visitor.
In other words, the owner must sensibly maintain his or her premises and address in a timely fashion any hazards that may arise. 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.
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 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 acted in a careless manner and thereby caused an accident, he or she may have a difficult time recovering damages.
Examples of the most common premises liability cases are:
Different kinds of properties may have different rules 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.
The following guidelines may help you determine where to start your claim:
Of course, when you work with us, you will not have to worry about questions of liability. Our San Jose premises liability attorneys can handle this part, so you can focus on recovering.
Our reliable legal team at Caputo & Van Der Walde can guide you through the premises liability claim process and help you win compensation to cover:
Do not make the mistake of going up alone against a predatory insurance company that may do their best to deny your claim.
As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.