San Jose Premises Liability Lawyer
Injured on Someone Else’s Property?
Property owners have a legal obligation to repair, replace, or warn about hazards that can injure unsuspecting guests. From cleaning spills in a timely manner to installing pool fences, restraining dogs, and ensuring utilities are in working order, a premises owner’s duty centers on providing a reasonably safe environment. Unfortunately, not all property owners meet their duty of care.
If you have sustained injuries in an accident on someone else’s property, the owner could be liable for your damages. A San Jose premises liability attorney can help you investigate your claim and take the steps to prove a property owner’s negligence.
Proven Counsel from Caring Advocates
The Law Offices of Braid Pezzaglia is comprised of compassionate advocates who care about helping victims and families fight for justice. We’re trusted by clients across San Jose and Santa Clara County for a few simple reasons:
- Results. We’ve recovered millions in compensation for victims.
- Experience. Braid Pezzaglia has litigated injury claims for over 20 years.
- Service. We’re accessible deliver personalized attention to our clients.
- Contingency Fees. We don’t collect a fee unless we win your case.
What Are Common Reasons for a Premises Liability Claim?
You may be able to file a premises liability claim for a variety of property-related accidents and injuries. Some of the most common reasons for these types of claims include:
- Slip and fall accidents. Slips, trips, and falls are among the most common property-related accidents and may be caused by spills, insufficient lighting, structural defects, and other hazards.
- Dog bites. Pet owners are usually responsible for injuries caused by their animals. This includes bites and injuries from falls caused by an animal’s aggressive behavior.
- Swimming pool accidents. Falls, lacerations from pool drains, electrocution, and accidental drowning are common swimming pool accidents that give rise to premises claims.
- Assault due to lack of security. Certain businesses, such as casinos and bars, may require security to prevent violence on the premises. If you sustain injuries in an assault because of negligent or non-existent security, you may be able to hold the owner accountable.
- Toxic exposure. If you become ill due to exposure to toxic substances on someone else’s property, then you may have grounds for a premises liability lawsuit.
- Fires. Property owners are responsible for installing fire alarms and other safety features, and have duties to address faulty electrical systems or gas leaks that can lead to fires.
- Defective equipment. In some cases, property owners may be liable for injuries caused by defective machinery or other equipment. For example, amusement parks must regularly check and perform maintenance on rides to prevent deadly accidents.
Compensation for Premises Accidents
California law enables victims of premises accidents to collect compensation for damages caused by their injuries. This can include:
- Lost past and future income
- Disfigurement or disability
- Medical expenses and future medical care
- Pain and suffering
Premises liability lawsuits are fact-specific claims, so recoverable damages are different in every case. By working with a skilled attorney, you can position yourself for a financial recovery that accurately reflects your losses, included losses you’ve already incurred and any future damages you’re likely to suffer. If you are in need of an expert San Jose premises liability lawyer, contact us today for our professional legal help.
What Is Premises Liability?
Premises liability refers to the liability property owners have for injuries that occur on their premises. Typically, it arises when lawful guests, visitors, or patrons suffer preventable harm because of a premises owner’s failure to keep a property in a reasonably safe condition. What’s “reasonable” in terms of safe conditions and an owner’s actions depends on the circumstances. Some examples include:
- Regularly inspecting a property to identify hazards that present foreseeable risks of injury.
- Immediately correcting a hazard, adequately warning guests about a hazard, and / or blocking access to the hazard.
- Providing adequate security, lighting, and surveillance at a nightclub that has a history of physical altercations or crime.
- Providing adequate supervision of employees who may create a hazard or have duties to detect and repair, replace, or warn about a hazard.
A san jose premises liability lawyer can help you understand that premises liability is often associated with businesses such as grocery stores, restaurants, hotels, and sporting venues. However, it can also apply to schools, swimming pools, summer camps, and residential apartments, condominiums, or single-family homes. In some cases, it can also apply to municipalities or government entities that own public property.
Hurt on Hazardous Property? Contact Our San Jose Premises Liability Lawyer
Attorney Braid Pezzaglia is dedicated solely to fighting for the injured, including those who’ve been hurt on someone else’s property. If you have questions about pursuing a premises liability lawsuit in the San Jose area, we’re available to review your case and no cost and discuss what we can do to help.
Q:Do Slip and Fall Accidents Count as a Premises Liability Case?
A: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, 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. As with any injury claim, the specific facts of your accident will determine if you have a case. Our attorney can evaluate your options during a consultation.
Q:Can I Sue a Neighbor?
A:It depends. If you were injured while visiting the home of a neighbor or friend, an attorney experienced in handling premises cases can help evaluate the dangerous conditions that led to your injury, whether the owner failed to address them in a reasonable manner, and the merits of your potential case. Because every incident is different, a personalized case review is always recommended.
Q:What If a Crime Was Committed Against Me on Another Person’s Property?
A:You may be able to hold a property owner responsible for injuries that result from criminal acts, such as a physical assault at a nightclub, sporting venue, place of business, or apartment / condo complex. To determine if you have a claim, your attorney will need to evaluate factors such as the type of business or property, the owner’s duty of care, the likelihood of injury, prior incidents or lawsuits, and the feasibility of precautions like security, among other factors.
Q:Does Trespassing Play a Role in a Premises Case?
A: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.
Q:How Long Do I Have to File a Claim?
A:In California, there are several 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.
Q:When Should I Contact a San Jose Premises Liability Lawyer?
A: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. Enlisting the help of legal counsel can ensure immediate steps are taken to preserve evidence, conduct investigations, and correspond with insurance companies.
Q:What Kind of Evidence Should I Obtain?
A:If possible, you should gather testimony from any potential witnesses, take photographs of the hazard, and keep a personal diary of your recovery. Obtaining a copy of any police or incident report can also help should you decide to bring your matter to an attorney. At the Law Offices of Braid Pezzaglia, we have the resources to help clients gather this and other types of evidence, including prior legal claims or regulatory violations against a premises owner involving similar situations.
Experienced & Dedicated Counsel
Attorney Braid Pezzaglia has over 20 years of dedicated legal experience and provides legal counsel and guidance in five languages, including Japanese, Spanish, Chinese, and Tagalog. We work to customize your experience for your needs.
Personalized Strategies & Results
Unlike other firms, our firm cares about instilling confidence in both you and your case. Our attorneys work one-on-one with you to ensure that your unique needs and goals are not only understood but obtained.
Accountable & Transparent
At the Law Offices of Braid Pezzaglia, we pride ourselves on always being available to our clients and we make it our main priority to keep you informed on how our team is working to obtain the best possible result on your behalf