Premises Liability Attorney in San Jose

Lawyer Representing Clients Injured in Slip, Trip, and Fall Accidents in Santa Clara County

California law dictates that the owner of a property or premises is responsible for maintaining a safe environment for those who have the right to be on the premises. The San Jose premises liability lawyer at Fuller Law Firm represents clients who have suffered harm because of a property owner's negligence. A premises liability claim can help those injured due to the carelessness of another party to obtain compensation for their damages.

Premises Liability Cases Often Result from Unsafe Conditions

Those in ownership or possession of a property must take reasonable steps to keep that property free from hazards for those who have permission to be on it. For example, a store owner must take care to repair broken shelves, mop up spills, and mitigate other environmental hazards which could pose a danger to customers. If a hazard exists that cannot be immediately corrected, the property owner must warn those who rightfully enter the premises. Premises liability cases can be the result of:

• Building code violations;
• Inadequate lighting;
• Slippery floors;
• Icy walkways;
• Construction sites that do not meet safety standards;
• Structural defects, including broken staircases, loose floorboards, and dry rot; and
• Insufficient security.

Trip and Fall Accidents Caused by Negligence

Premises liability claims often involve "slip and fall" causes of action. While a simple fall may seem like a minor accident, serious injuries, including traumatic brain injury, can occur as the result of falling. Premises liability can also include dog bite cases, work zone injuries, and other accidents caused by the negligent or intentional behavior of another. While the property owner is often the party responsible for injuries or deaths which occur due to unsafe conditions, this is not always the case. For the purposes of a premises liability claim, the party that possesses or controls the premises may be considered legally responsible for any injuries resulting from a condition of the premises.

Claims for premises liability in California are governed by both statute and case law. In order for a party to collect compensation through a premises liability claim, the claimant party must prove that the owner or party in possession of the property was negligent. A successful premises liability claim establishes the existence of the following:

• The defendant owed the claimant a duty of care;
• The defendant failed to uphold this duty; and
• This failure was the immediate cause of the injury or wrongful death.

Compensation for Medical Bills and Pain and Suffering

Through a premises liability suit, an injured person or a deceased person's estate may be compensated for financial losses caused by the injury or wrongful death. These losses often include medical expenses, lost wages and income, and reduced future earning capacity. In some circumstances, an injured victim may also be compensated for pain and suffering, loss of companionship, and loss of consortium. In a small number of premises liability cases, the claimant is awarded punitive damages. These damages are supplementary and designed to punish the responsible party for his or her negligence or wrongdoing. Punitive damages are reserved for situations where the property owner or possessor committed a crime or especially grievous error.

Schedule a Free Case Review

Speak with San Jose personal injury Attorney Cory Fuller if you or a loved one has suffered an injury due to the negligence of a property owner. Schedule a free consultation and case review at the Fuller Law Firm by calling 408-234-7563 today. We serve clients in San Jose, Gilroy, Palo Alto, Fremont, Alameda County, Santa Clara County, and the surrounding areas.