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Premises Liability FAQs

Injured Due to the Negligence of a Property Owner?

A San Jose Premises Liability Attorney Will Answer Your Important Questions

When entering a business or private residence, we generally assume that our safety is guaranteed. For example, walking into a barbecue restaurant is not typically considered dangerous. However, when management or ownership fails to pay attention to red flags, innocent people can be hurt. A San Jose premises liability attorney may be able to help you recover financial compensation for your injuries. 

Here are some of the most common questions asked about premises liability in California:

What Is Premises Liability?

Premises liability is the law encompassing all injuries or accidents that could happen in a public or private setting due to the negligence or recklessness of the property manager or owner. It is assumed that all occupants or owners of a property have a legal duty to keep their premises reasonably safe for visitors — or else warn visitors about any potential danger.

What Are Some Common Examples of Premises Liability?

Common examples of premises liability include:

  • Stairway accidents
  • Stadium injuries
  • Swimming pool accidents
  • Injuries that take place on escalators and elevators
  • Deck and porch collapses

Do Slip and Fall Accidents Count as a Premises Liability Case?

Yes. Slip and fall accidents typically fall under the premises liability umbrella. For example, if you walk into a restaurant and slip on a wet floor, then ownership can be held liable if (1) they were aware of the wet floor and (2) they failed to place a sign to warn visitors.

Can I Sue a Neighbor?

If you were injured while visiting the home of a neighbor or friend, then you must carefully examine the situation with the assistance of a San Jose premises liability lawyer. Did your host fail to mention the dangerous condition that led to your injury? Could that condition be reasonably considered hazardous? If so, then you may have a case.

What If a Crime Was Committed Against Me on Another Person’s Property?

In rare cases, you may be able to hold a property owner or occupant responsible for a crime that has been committed against you on their property. This depends entirely upon posted signage, security systems and the details of the incident.

Does Trespassing Play a Role?

Yes. If the property owner, manager or occupants can prove you were trespassing when your injury occurred, then it is very unlikely you will be able to receive compensation. However, this rule generally does not apply to young children, who may not know any better.

How Long Do I Have to File a Claim?

In California, there are a number of circumstances that could potentially affect when the statute of limitations for your claim runs out. An example of this would be if the plaintiff is a minor or the defendant is a public entity. You should consult with an attorney as soon as possible after an accident to ensure that you have the correct information. 

When Should I Contact a San Jose Premises Liability Lawyer?

You should seek legal representation immediately after suffering an injury on someone else’s property, assuming you feel that your injury was caused by neglect on the part of the owner or occupant.

What Kind of Evidence Should I Obtain?

You should gather testimony from any potential witnesses. You should also take photographs of the hazard and keep a personal diary of your recovery. A San Jose premises liability law firm can help you conduct a thorough investigation and uncover any relevant evidence.

What Types of Compensation Could I Receive?

If successful, you may receive several forms of compensation, including loss of income, future medical bills, pain and suffering and permanent disfigurement.

Contact an Experienced San Jose Premises Liability Attorney

Have you or a loved one been injured by unsafe or defective conditions? The time has come to fight for the compensation you deserve. Contact an experienced San Jose premises liability attorney at the Law Offices of Braid Pezzaglia by calling (408) 650-8955 or using our online contact form.

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