Don’t let a San Jose property owner get away with ignoring a hazard that left you injured. Get compensated for your losses by working with a San Jose premises liability lawyer.
Whenever you step onto someone else’s property, whether it is a residential or commercial location, you have the right to stay safe and uninjured. Legally, it is a property owner’s responsibility to maintain a standard of safety for their location. So when they don’t maintain that standard and you are injured as a result of their negligence, you have the right to seek compensation for what you have been through.
If you have been hurt while on someone else’s property and you are looking for a San Jose premises liability lawyer to take on your case, look no further. Our Injury and Death Attorneys in San Jose, California at Golden State Lawyers, APC boast years of experience and an incredible understanding of this area of the law. We will help you file your claim, build your case, and fight for the compensation you are rightfully deserving of.
Under California premises liability law, property owners owe visitors to their property a duty of care. This means that if a hazard is present on the grounds or in the building, the property owner must resolve it so that visitors and residents don’t get injured.
If you were injured because of a hazard that the San Jose property owner either knew about or should have been reasonably expected to know about, you might have grounds for a personal injury claim. The difficulty often lies in proving that a property owner should have been aware of the problem but failed to address it, which is where your San Jose premises liability lawyer comes in.
Sadly, there are many risks involved in simply being outside of your home. You could end up severely injured just from visiting a friend’s house or going to the grocery store. Every time you step onto someone else’s property, you are putting yourself into their hands, and the responsibility to keep you safe from hazards posed by their property falls on their shoulders.
Every location poses its own unique set of risks, and each property owner has the responsibility to maintain safety on their property. As such, there are many different types of San Jose premises liability cases that can occur. Some of the most common types are as follows:
- Dog Bites – Dog bites are always difficult. You never know what will set off an animal, and you never know when it will attack. Regardless, it is the responsibility of the dog’s owner to ensure the safety of those who are in proximity to the canine. For example, if you went to visit a friend and you were bite by his or her dog, you would have the right to file a premises liability claim.
- Fires – Fires are incredibly dangerous situations that pose an extreme risk for burn injuries and possibly even death. These types of cases can occur due to anything from faulty wiring to a kitchen mishap. If you were injured due to a fire on someone else’s property, your San Jose premises liability lawyer will help you prove why you are deserving of compensation.
- Slip-and-Falls – Slip-and-fall cases are one of the most common types of premises liability. Generally speaking, these cases occur when the property owner did not provide due diligence in creating awareness of the unsafe conditions. For example, if you slipped and fell in a restaurant because the floor was wet and the restaurant did not put out a sign warning patrons of the wet floors, you would have the right to file a claim.
- Weather-Related Injuries – The weather doesn’t just affect the roads. Weather-related premises liability cases can occur from something as simple as a property owner failing to shovel a pathway or forgetting to apply salt to a snowy storefront to keep patrons from falling and getting hurt.
San Jose Premises Liability FAQs
When you visit a store, business, or another property, the last thing you likely expect is to end up in the emergency room with injuries. Unfortunately, what begins as a simple grocery store trip ends up in weeks, months, or longer recovering from serious injuries. This is often because the property or business owner or manager created or allowed hazards that caused serious injuries.
The San Jose premises liability attorneys of Golden State Lawyers, APC, are ready to evaluate your rights after a property-related incidents and injuries. The following are brief answers to some frequently asked questions regarding premises liability.
What does “premises liability” mean?
Premises liability is the area of law that relates to holding property owners and leaseholders liable for incidents on their premises. For example, if you slip and fall at a grocery store, it is premises liability law that will determine whether you may obtain compensation for your injuries and, if so, how much.
Broadly speaking, property owners and managers have a duty of care to keep their premises in a reasonably safe condition. If they fail to do so and someone gets hurt, the injured party may seek compensation under the law.
What Incidents can lead to San Jose premises liability claims?
Many incidents can lead to premises liability claims.
Some of the most common include:
- Slip or trip and fall injuries
- Elevator injuries
- Escalator injuries
- Injuries involving exposure to toxic substances
- Fires and explosions
- Swimming pool or pond injuries
While violent assaults or robberies are not incidents, property owners and leaseholders may need to pay for them in cases where inadequate security measures played a role. An attorney familiar with premises liability law in California can determine whether you have a claim for these or any other incidents that resulted in injury.
How does the San Jose premises liability claim process work?
Following an incident on another party’s property, your priority should always be to receive the medical evaluation and treatment you need. With this treatment comes medical bills and possible lost wages from missing work, as well as other losses. It is natural to begin thinking about how you might go about seeking compensation for your injuries and losses.
While you might deserve compensation, do not expect a property owner to volunteer to cover your losses. Instead, you must begin the premises liability claim process to seek the financial recovery you deserve.
Preparing and filing your claim. You will need to prepare and file claims with the proper insurance companies that cover the premises where the incident happened. This might be under a general business coverage policy or a separate property insurance policy. Your lawyer can identify where you need to file.
Your lawyer will also gather the information needed to present your strongest claim from the start, including:
- All evidence of liability on the part of the business or owner
- Proof of your current losses, including medical bills, lost wage statements, and an impact statement illustrating your pain and suffering
- Expert analysis of future losses if the effects of your injuries will continue into the future
Communicating with insurance adjusters. Adjusters will contact you and want to discuss what happened and how you are doing. In this situation, never agree to a recorded statement nor give them too much information—instead, direct them to speak with your lawyer. Even saying a simple “I’m fine” after an adjuster asks how you are doing can lead the insurance company to challenge the severity of your injuries. It is best to leave all communications to your attorney, who will know exactly what to say.
Settlement negotiations. Most people are excited to receive their first insurance settlement offer, but then highly disappointed to learn it is much lower than expected. Your premises liability lawyer will know how to conduct negotiations to obtain full financial recovery for your injuries and losses.
Filing a lawsuit. This is only a necessary step when the insurance company refuses to offer an adequate settlement. Your attorney will decide when it is appropriate to escalate the matter and file a claim in civil court. Then, your lawyer will handle the entire litigation process, always working toward a pretrial settlement or heading to trial when needed (though this is rare). Get a lawyer who actually tries cases as those lawyers are most respected by the other side and can obtain the best results for you.
Do I need a San Jose premises liability lawyer to seek compensation?
Yes. While you can always choose to handle premises liability insurance claims or lawsuits on your own, or pro se, just because you can does not mean you should.
Insurance companies in any industry are looking to make a profit, and they do so by collecting premiums and paying out as little as possible on every claim they receive. For this reason, they are happy to take advantage of unrepresented people and settle their claims for far less than they are worth.
If your case goes to trial, if you are unrepresented by a lawyer, you will be at a severe disadvantage. Insurance defense attorneys have built careers trying to avoid liability on behalf of their employers and will use every legal tool available to frustrate your efforts to obtain compensation. They are legal professionals...you are not.
Consequently, you need to retain an attorney as soon as you can after an injury incident on someone else’s property. Doing so will increase the likelihood that you obtain any compensation you deserve under California law.
After an injury from a premises liability incident, the San Jose premises liability lawyers at Golden State Lawyers, APC, are ready to help. We will assess your legal rights and options at absolutely no charge and with no obligation. If you pursue a case, we will represent you with no upfront fees or payments out of your pocket. Contact our legal team to learn more right away.
If you were injured as a result of someone else’s inability to maintain a standard of safety on their property in San Jose , no matter if it was residential or commercial, you have the right to seek compensation for your damages. But you don’t have to go through the legal process alone. Investing in the services of an experienced attorney will be your best chance at receiving the financial award that matches the true value of your personal injury claim.
If you would like to file a claim and aren’t sure what steps to take next, let Golden State Lawyers, APC help you out. Get in touch with us today to get one step closer to a full recovery. Give us a call at 408-279-4222 to schedule a free consultation with a San Jose premises liability lawyer. You can also fill out our contact form at the bottom of the page and we’ll be in touch.