Premises Liability Lawyer in San Jose, CA
Premises liability laws in California provide that property owners are legally responsible for ensuring that the premises over which they have control -- whether parking lots, buildings, driveways, sidewalks, or steps -- are maintained in a condition that is reasonably safe for others. As such, it is possible for property owners to be found liable if another party is injured as a result of negligent care and maintenance of such property.
The San Jose, CA premises liability lawyers at Dash Injury Law Firm stand ready to assist victims in fighting for the compensation they deserve. If you or a loved one suffer harm in this way, our attorneys will work to determine the value of your claim, assemble evidence to support it, and aggressively pursue the monetary recovery to which you are entitled. We are skilled in negotiating settlements with property owners, tenants, and insurance carriers, but if that fails, we stand prepared to take your matter all the way to court. We offer our legal services to residents in San Jose and surrounding California cities.
Facts About Premises Liability Law in California
The law of premises liability in California is centered around negligence. Pursuant to California Civil Code 1714(a), individuals are held responsible not just for the results of their willful acts, but also for injuries caused to another party as a result of a lack of ordinary care or skill in managing property over which they have control.
As such, in premises liability lawsuits, plaintiffs are required to establish that they suffered harm due to the manner in which the defendant managed the property in question. In other words, a plaintiff needs to demonstrate:
- The defendant was the owner, lessee, occupier, or controller of the property at the time of the event,
- The defendant negligently maintained or used the property,
- The plaintiff suffered actual harm, and
- The negligence of the defendant was a significant factor in the resulting harm.
The relevant duty of care owed by a property owner is assessed in light of what a reasonable owner in the same situation would have done. In making a decision about whether the duty was breached by the defendant, juries are permitted to consider things such as:
- The property's location,
- The probability that someone would have used the property in the manner of the plaintiff,
- Whether an injury was reasonably likely to occur,
- How serious such an injury was likely to be,
- Whether the defendant knew or should have known of the hazardous condition,
- The difficulty in minimizing or preventing the risk, and
- How much control the defendant actually had over the hazardous circumstance.
Eligibility to File a Premises Liability Lawsuit in San Jose, CA
Generally speaking, anyone, even trespassers, suffering injury on the property of another are eligible to file a premises liability action if there is a suspicion that negligence contributed to the harm.
When someone suffers a deadly injury on another party's property, the family members of the deceased individual may be able to file a wrongful death suit to obtain compensation that can include payment for funeral costs, lost companionship, lost future income, and more.
How to Proceed If Injured on Another's Property
Sadly, far too many injury victims fail to do the things necessary to preserve their right to seek compensation. If you have the misfortune of being injured on another party's property or at a business premises in San Jose, CA, take steps to do the following:
- Obtain prompt medical attention,
- Collect and maintain all available evidence,
- Make an immediate report of the event to the property owner, and
- Enlist the aid of an experienced premises liability attorney.
An experienced premises liability lawyer in San Jose, CA will conduct a thorough investigation of your injury accident, gather critical evidence, and craft effective legal arguments on your behalf in order to maximize your potential recovery.
Differences Between Premises and Personal Liability
It is not uncommon for the owners of rental properties to have premises liability insurance policies to cover damages resulting from the condition of their buildings. It is similarly common for homeowners to have personal liability policies in place that will pay for losses incurred due to negligent maintenance or unsafe conditions on their own property. This can extend to harm done either on or off the premises themselves, such as damage caused by a dog bite.
Our San Jose, CA premises liability lawyers have a comprehensive understanding of insurance coverage and the tactics used by adjusters to try and minimize claim payouts. As such, we will work diligently to uncover all potential sources of recovery and fight hard to bring about the best possible outcome in your case.
The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.