Slip and Fall Lawyer in San Jose, CA
Accidents where individuals slip and fall are much more prevalent than the average person probably realizes. The injuries sustained in these falls can range from fairly minor cuts or bruises all the way to broken bones, head injuries, spinal injuries, or even death. Fear, pain, and financial struggles often go along with such falls, and the need for long-term care is not unusual.
If an accident occurred because of a property owner's failure to maintain their property or to warn guests of possible hazards, the accident victim may be able to receive compensation through a slip and fall lawsuit. Our San Jose, CA slip and fall lawyers are here to help victims of these types of accidents. We offer our professional and experienced legal services to residents of San Jose and its surrounding cities.
Who is at Risk?
Anyone, no matter their age, can inadvertently slip and fall and be injured. However, the Centers for Disease Control and Prevention (CDC) reports that individuals age 65 and up run a greater risk of falling (at a staggering rate 25 percent of seniors fall every year). Tragically, once they have fallen, their chances of falling again double. Due to reckless behavior common to children, they are also at high risk of having dangerous falls. Further information from the CDC shows a price tag nearing $50 billion yearly for treating non-fatal injuries from such falls.
On another front, the World Health Organization (WHO) keeps its own records concerning falls. According to this group, falling causes the second largest number of accidental injury deaths annually worldwide. The only cause with more accidental deaths yearly is traffic accidents.
Filing a Slip and Fall Lawsuit in San Jose, CA
In California, certain elements must be proven to have a successful outcome in a slip and fall injury case. If an injured person chooses to file a lawsuit alleging that a property owner or business owner was negligent, thus causing the injury, all of the following must be proven:
- Owner of the property had a duty to maintain the property safely,
- Owner failed to keep that duty,
- The failure caused the victim's injury, and
- This injury caused damages.
It is also important to note that California follows pure comparative negligence, which was adopted by Li v. Yellow Cab Co., 532 P.2d 1226 (1975). Under this law, injured parties are able to collect damages even if they are 99% at fault for an accident. Our San Jose, CA slip and fall lawyers will be able to guide you through the litigation process and answer any questions you have about your case and the applicable California laws.
Proving Liability in a California Slip and Fall Lawsuit
For an injury victim to have a successful case, proof must be shown that the owner/occupier of the property breached the duty to safely maintain the premises. It will be necessary to show that the owner/occupier actually knew or had constructive knowledge of the danger that caused the victim's injury.
To explain the difference between constructive and actual notice, we will consider a wet supermarket floor:
Actual Notice – Seeing, hearing, or otherwise actually knowing. If the owner of the store was told by an employee or saw the spill happen, the owner did have actual knowledge of the dangerous situation.
Constructive Notice – The store owner should have been aware of the issue, even if he did not actually know of the problem. For example, if the floor was wet for a very long time, the store owner should have discovered it during the periodic inspections that should be performed regularly.
Get Help From Our Slip and Fall Lawyers in San Jose, CA
The highly skilled legal team at Dash Injury Law Firm has the kind of experience necessary to negotiate a fair settlement, or if necessary, take your case to court.
Timing can be crucial, so the sooner our representatives enter a case, the quicker a victim's rights can be preserved. We assist injured victims who need legal representation to help ensure adequate and appropriate compensation is obtained following a slip and fall accident in San Jose, CA.
Call Dash Injury Law Firm today at 888-(DASH-LAW) or complete an online contact form for a free consultation.
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.