Premises Liability Lawyer in San Jose

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Loose dogs, slick sidewalks, spills in grocery stores: San Jose is rife with pitfalls that are accidents waiting to happen. If you’ve wiped out in the store or your neighbor’s aggressive dog sent you to the hospital, a San Jose premises liability lawyer can help you recover your damages.

A personal injury lawyer in San Jose, CA, from Hann Law Firm can guide you on the path to compensation.

Premises Liability: The Basics

“Premises liability” is a legal term that spells out the responsibilities of property owners. Anyone who owns property, such as a home, grocery store, or restaurant, is responsible for keeping the space safe for visitors. If they fail to do that and you become injured as a result, you can hold them liable.

Premises liability accidents can happen due to:

  • Wet floors
  • Spills
  • Damaged stairs, flooring, or carpeting
  • Inadequate or no lightning
  • A lack of security
  • Loose animals

Examples of Premises Liability Cases

To further illustrate the concept of premises liability, here are some examples of common case types.

  • Slip-and-fall: Andrew owns a grocery store in San Jose. One day, a customer breaks a glass of tomato sauce in the aisle. Andrew sees the mess, but because the store is so busy, doesn’t ask an employee to clean it up. Sadie walks down the aisle, slips in the sauce, and hurts her back.
  • Dog bites: Jerry’s dog has snapped at people before, but he decides to let the animal off its leash anyway. The dog makes a beeline for a jogger and sinks its fangs into his leg.
  • Structural defects: Karen hires a handyman, Bill, to work on her old, run-down home. When Bill climbs the stairs, the boards give way, causing him to fall through and break his ankle.
san jose premises liability lawyer

How Does a San Jose Injury Attorney Prove Negligence in a Premises Liability Case?

Just because you’ve been injured on someone’s property doesn’t mean that you’ll automatically win a generous settlement. To recover damages, your San Jose premises liability lawyer will need to prove that the property owner acted negligently. Here are the steps involved:

  • First, your property accident attorney needs to establish that the property owner had a duty of care to you.
  • Your attorney must prove that the property owner knew about a hazard, or should have known about it, but failed to do anything to correct it. This establishes a “breach of duty.” For example, if a store owner knew that the floor was wet but didn’t clean up the mess, that would be a breach of duty.
  • Next, your attorney has to establish that the property owner’s negligence caused your accident.
  • Finally, your slip-and-fall lawyer must establish that you incurred compensable damages, such as medical expenses.

To prove that the property owner acted negligently, your dangerous property lawyer will collect evidence such as:

  • Video surveillance of the accident
  • Witness statements
  • Accident reports
  • Medical treatment records

What Compensation Is Available for a Premises Liability Accident?

You may be able to recover both economic and non-economic damages with the help of a San Jose premises liability lawyer. Economic damages have monetary value. They can include medical bills, lost income, property damages, and out-of-pocket expenses.

Non-economic damages don’t have direct monetary value. They include things such as loss of enjoyment of life, mental distress, and pain and suffering.

Frequently Asked Questions

Have more questions about premises liability in San Jose? Discover the answers here.

California residents have two years to file a premises liability claim. If you don’t file a claim by then, you can’t recover your damages. There are a few exceptions to this statute of limitations, but they are fairly rare.

California law allows you to sue the property owner if you are hurt while working on the property. Property owners are required to maintain a safe working environment. If they fail to do this, they can be held liable for your damages.

A trespasser may be able to sue a property owner for loss-based damages if that owner should have reasonably known that someone may have entered the property and that injuries were expected given the property’s state.

Slip-and-fall settlements typically range from $10,000 to $50,000. However, because all cases are different, your specific case could settle for less or more. A San Jose premises liability lawyer can estimate how much your case may be worth.

Contact Our San Jose Personal Injury Law Firm

If you’ve been hurt because of a negligent property owner, Hann Law Firm is here to help. We assist clients in San Jose and all nearby service areas, including San Francisco, Sacramento, Palo Alto, and Santa Rosa.

To schedule a consultation with a San Jose property accident attorney, call (408) 755-3498.

Areas of Law Practice in San Jose, CA at Hann Law Firm

At Hann Law Firm, we specialize in several areas of law practice. Our Law Firm in San Jose, CA delivers exceptional results with legal expertise, strategic thinking, and a passion for justice in all the areas we serve.

Personal Injury Lawyers in San Jose, CA
Car Accident Lawyers in San Jose, CA
Motorcycle Accident Lawyers in San Jose, CA
Family Lawyers in San Jose, CA
Divorce Lawyers in San Jose, CA
Child Custody Lawyers in San Jose, CA
Criminal Lawyers in San Jose, CA
Civil Lawyers in San Jose, CA