A slip and fall accident in San Jose can upend your life, inflicting serious and painful injuries. At Jacoby & Meyers, our premises liability lawyers can help you rebuild and recover after a harmful slip and fall with personalized legal strategies.
Our San Jose personal injury lawyers, case managers and assistants can make the prosecution of your claim or lawsuit successful in the courtroom and beyond.
If you’ve been injured in a slip and fall accident in San Jose, don’t face the property owner or their insurance company alone.
Contact Jacoby & Meyers today for a free case evaluation with our experienced premises liability attorneys. We’ll gather the evidence needed to prove liability and fight for the maximum compensation you deserve. Call (408) 341-6883 or complete our online form to start your recovery journey.
Understanding Slip and Fall Accidents in San Jose
A 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 the elderly.
California Premises Liability Laws
A slip and fall accident may give the injured victim grounds to file a premises liability claim in San Jose. Premises liability is the area of law that gives certain legal responsibilities to property owners in terms of maintaining 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 standards of care, licensees are owed a slightly lower duty of care and trespassers are not owed any 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 inflict many painful and debilitating injuries on the victim. Depending on the circumstances, these accidents can be catastrophic or even fatal, especially when they involve falls from heights, staircases or vulnerable victims 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 know how to handle any type of injury claim following a slip and fall accident in San Jose. During your legal case, our team will help you get better by connecting you to top doctors. We will make sure that you get appropriate treatment for your health and well-being.
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 can alter your financial recovery options.
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 takes understanding what caused your slip and fall and whether the owner reasonably could have prevented it. Different types of property owners have varying requirements in terms of property maintenance and hazard communication.
Compensation Available for Slip and Fall Victims
Successfully holding an individual or entity accountable for your slip and fall accident could lead to a payout that helps you move forward. You may be eligible for the reimbursement of several economic and noneconomic 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 has the power to make you whole again as a victim of a slip and fall in San Jose. Work with our attorneys during settlement negotiations to improve your odds of securing a fair case outcome.
Challenges in San Jose Slip and Fall Cases
Slip and fall cases can come with numerous challenges. As the plaintiff or filing party, it is important to prepare for potential obstacles that could stand in the way of making a fair financial recovery.
At Jacoby & Meyers, our lawyers are capable of overcoming any complication, including:
- Property owner defense tactics
- Insurance company resistance
- Time constraints for evidence collection
- Pre-existing condition arguments
- Comparative fault allegations
- Expert testimony requirements
Our slip and fall accident attorneys can help you by gathering evidence such as witness testimony and surveillance video footage to document the dangerous property condition. We can help you establish property owner liability and optimize your case results.
Contact Our San Jose Slip and Fall Attorney Today
It is important to hire an attorney with experience handling other slip and fall accident claims in San Jose. At Jacoby & Meyers, we have been litigating these cases for over 50 years. We have in-depth knowledge of local property standards, resources for comprehensive premises investigation, experience with insurance negotiations, an understanding of medical evidence and a successful track record in similar cases.
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.