A slip and fall accident in San Jose can disrupt your life and may lead to serious injuries. At Jacoby & Meyers, our premises liability lawyers assist individuals who are pursuing claims related to slip and fall accidents.
Our San Jose personal injury lawyers, case managers, and assistants can help guide clients through the legal process involved in pursuing a claim or lawsuit.
If you’ve been injured in a slip and fall accident in San Jose, you may wish to seek legal guidance before dealing with the property owner or their insurance company.
Contact Jacoby & Meyers today for a free case evaluation with our premises liability attorneys. Our team can gather evidence, review the circumstances of the incident, and discuss potential legal options. Call (408) 341-6883 or complete our online form to learn more about the next steps.
Understanding Slip and Fall Accidents in San Jose
AA slip and fall accident resulting in serious injuries could take place in many locations in San Jose, including restaurants, shopping plazas, office buildings, grocery stores, bars, parking lots, public sidewalks and parks, hotels and rentals, and in an individual’s home.
Common causes of slip and falls in San Jose include:
- Wet or slippery floors
- Spilled liquids or food debris
- Fresh floor wax
- A lack of warning signs for wet floors
- Poor property maintenance
- Uneven floor surfaces
- Broken or cracked sidewalks
- Dangerous staircases or missing railings
- Cluttered walkways or aisles
- Poor lighting in the area
- Weather-related hazards (rain, ice, etc.)
According to the National Safety Council, falls are the second leading cause of unintentional injury-related death in the United States. In 2022, 46,653 people died as a result of falls. Fall-related deaths are especially common among older adults.
California Premises Liability Laws
A slip and fall accident may give an injured person grounds to file a premises liability claim in San Jose. Premises liability is the area of law that assigns certain legal responsibilities to property owners regarding the maintenance of safe environments for lawful visitors.
California Civil Code § 1714 states: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”
Under this law, property owners can be held liable, or legally responsible, for accidents that occur on their premises due to poor property care or inadequate maintenance. This includes preventable slip and fall accidents caused by property defects.
What Are a Property Owner’s Duties of Care in San Jose?
If you wish to hold a property owner, manager or controller liable for your San Jose slip and fall, you or your premises liability attorney must show proof of a breach of the duty of care. This refers to an act or omission that falls short of the legal obligations placed on the landowner in terms of visitor safety.
There are three classifications of visitors, each with different duties of care that apply to the property owner. Invitees are owed the highest standard of care, licensees are owed a slightly lower duty of care, and trespassers are generally not owed duties of care other than a duty not to intentionally cause them harm.
Common Injuries in San Jose Slip and Fall Cases
A slip and fall accident can cause many painful and debilitating injuries. Depending on the circumstances, these accidents can be catastrophic or even fatal, especially when they involve falls from heights, staircases, or vulnerable individuals such as senior citizens.
While every case is unique, slip and fall injuries often include:
- Traumatic brain injuries
- Concussions
- Spinal cord damage
- Herniated or slipped disks
- Fractures and broken bones
- Hip fractures
- Soft-tissue injuries
- Cuts and lacerations
- Wrist and elbow injuries
- Knee and joint damage
At Jacoby & Meyers, our attorneys handle many types of injury claims following slip and fall accidents in San Jose. During a legal case, our team may assist clients with locating medical providers and documenting treatment related to their injuries.
Liability for Different Property Types
If your slip and fall accident happens in someone’s home, you may have grounds to file a claim with the property owner’s homeowners insurance policy. If your accident occurred elsewhere, this may affect the options available for seeking compensation.
Possibilities include:
- Commercial property claim
- Renter’s insurance claim
- Residential landlord liability
- Government property claim
- Shopping center or retail store case
- Restaurant or entertainment venue liability
Determining liability requires understanding what caused the slip and fall and whether the owner reasonably could have prevented it. Different types of property owners may have varying requirements regarding property maintenance and hazard warnings.
Compensation Available for Slip and Fall Victims
Holding an individual or entity legally responsible for a slip and fall accident may allow an injured person to seek financial recovery for certain losses. You may be able to pursue reimbursement for several economic and non-economic damages.
Common types of financial compensation include:
- Medical expenses (current and future)
- Lost wages and earning capacity
- Pain and suffering damages
- Rehabilitation costs
- Home modification expenses
A premises liability claim may help address financial losses associated with a slip and fall accident in San Jose. An attorney can help evaluate damages and assist during settlement negotiations or litigation when appropriate.
Challenges in San Jose Slip and Fall Cases
Slip and fall cases can involve numerous challenges. As the plaintiff or filing party, it is important to prepare for potential obstacles that could affect the outcome of a claim.
Examples may include:
- Property owner defense tactics
- Insurance company resistance
- Time constraints for evidence collection
- Pre-existing condition arguments
- Comparative fault allegations
- Expert testimony requirements
Slip and fall attorneys may assist by gathering evidence such as witness testimony and surveillance video footage to document the property condition and evaluate liability.
Contact Our San Jose Slip and Fall Attorney Today
It isIt may be helpful to consult an attorney with experience handling slip and fall accident claims in San Jose. At Jacoby & Meyers, our attorneys have handled premises liability matters for many years.
Our firm works with resources for property investigations, insurance negotiations, and medical evidence review when evaluating slip and fall claims.
Find out how we can help you during a free initial case evaluation. Call our San Jose law office at (408) 341-6883 or contact us online anytime. We are located at Plaza West, 3031 Tisch Way #110, San Jose, CA 95128.