A slip and fall injury often comes down to one question: did the property owner know, or should they have known, about the hazard that caused it. Hann Law Firm represents people hurt on unsafe commercial and residential property throughout San Jose, and works to hold the responsible owner accountable under California law.
Why James Hann Is the Right Choice for Your Slip and Fall Case
James Hann has represented San Jose slip and fall clients from the first phone call through settlement or trial preparation. He reviews the property’s inspection and maintenance history, handles every call and letter from the insurance adjuster, and keeps you informed about where your case stands so you can focus on recovering.
What Is a Slip and Fall Accident?
A slip and fall claim covers injuries caused by a hazard a property owner allowed to exist, such as a spill left on a store floor, a broken step, or uneven pavement in a parking lot. It’s the highest-volume case type under premises liability law, the broader area of practice that also covers negligent security and structural defects. For those situations, visit the premises liability page. This page covers what decides a slip and fall case: whether the property owner had notice of the hazard.
The Legal Standard: What “Notice” Means in a Slip and Fall Case
California law does not require a property owner to have caused the hazard, or even to have known about it firsthand, for a slip and fall claim to succeed. Under the California Supreme Court’s decision in Ortega v. Kmart Corp., 26 Cal.4th 1200 (2001), a plaintiff can establish constructive notice through circumstantial evidence, showing the property had not been inspected within a reasonable period before the fall. If a reasonable inspection routine would have caught the hazard and it wasn’t caught, the owner can still be held liable, even without proof anyone saw the hazard beforehand. Self-service retail stores, where customers handle merchandise without direct supervision, carry a heightened duty to inspect under this same ruling.
What Should You Do After a Slip and Fall Accident?
Get medical attention right away, even if the pain seems minor. Some injuries, like soft tissue damage or a mild concussion, don’t show symptoms immediately. Once you’ve been seen by a doctor, photograph the hazard that caused the fall before it gets cleaned up or repaired, and get contact information from anyone who saw what happened.
Report the fall to the property owner or manager and ask for a copy of any incident report they create. Avoid giving a recorded statement to an insurance adjuster before you’ve spoken with a lawyer. Adjusters are trained to ask questions in ways that shift blame onto you.
Contact Hann Law Firm to go over what happened. The firm offers a free case evaluation to walk through your options before you decide anything.
How Hann Law Firm Approaches Your Slip and Fall Case
How Notice Gets Proved in a Slip and Fall Case
Most commercial properties, especially grocery and retail stores, keep written or digital sweep logs documenting when the floor or walkway was last checked. Those logs are often the single most important piece of evidence in a slip and fall case: either they show an inspection was done recently, which helps the property owner’s defense, or they show a gap that supports the argument the hazard sat there long enough for a reasonable inspection to have caught it. Camera footage matters just as much and disappears faster. Most systems overwrite recordings on a rolling cycle, often within weeks, so requesting preservation of that footage early can be the difference between having proof and having none. James Hann also reviews how the hazard was marked. A missing or misplaced wet floor sign can shift the comparative fault analysis under California law, where a plaintiff’s own share of responsibility can reduce compensation but does not eliminate it.
Talk to a Slip and Fall Accident Lawyer Near You
If a fall on someone else’s property in San Jose left you hurt, contact Hann Law Firm to discuss what happened. The firm offers a free consultation to review your case and explain your options. Call today or schedule a consultation.
Areas of Law Practice in San Jose, CA at Hann Law Firm
Hann Law Firm also handles several other areas of law beyond slip and fall cases. Visit our Law Firm in San Jose, CA page to explore the full range of areas we serve.
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Frequently Asked Questions
Below are answers to the questions Hann Law Firm hears most often about slip and fall claims in San Jose.
What Should I Do After a Slip and Fall Accident in San Jose, CA?
Get medical care first, then document the hazard with photos and get contact information from witnesses if you can. Report the fall to the property owner, and avoid giving a statement to their insurer until you’ve spoken with a lawyer.
How Do I Prove Negligence in a Slip and Fall Case?
You need to show the property owner knew about the hazard, or should have known about it because a reasonable inspection routine would have caught it. California courts allow this second type, called constructive notice, to be proven through evidence like sweep logs and inspection records, not just direct proof the owner saw the hazard.
How Can Hann Law Firm Help With My Slip and Fall Case?
James Hann investigates what happened, requests inspection and camera records before they’re lost, negotiates with the insurer, and takes the case to trial when the insurer won’t pay what it’s worth. The firm offers a free case evaluation so you can learn about your options before deciding how to proceed.
How Long Do I Have to File a Slip and Fall Lawsuit in San Jose?
California generally gives you two years from the date of the fall to file a slip and fall lawsuit. If a government-owned property is involved, that deadline shrinks dramatically, with only a six-month window to submit a claim to the agency before you lose the right to sue.