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Experience On Your Side

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 attorneys today at (800) 900-0863 for help pursuing 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 premises liability 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.

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 accident case:

  • 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 (800) 900-0863.

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