Are you looking for a San Jose slip and fall lawyer?
Slip and fall accidents are some of the most common types of preventable accidents that happen in California. These incidents sometimes cause serious injuries and may leave people suffering from lifelong disabilities. If you have been seriously injured in a slip and fall accident while you were visiting a store, business or were on public or private property, you may have legal rights. It is important for you to talk to experienced San Jose personal injury lawyers to learn more about the options that might be available to you.
Common types of slip and fall accidents that end up in court
Slip and fall accidents that commonly end up in court happen when property owners or possessors fail to reasonably maintain their premises or to warn visitors about hazards that exist. People who are lawfully present then trip over objects or slip on floors, falling and injuring themselves. Slip and fall accidents are often described according to what caused them and include the following:
• Clutter or debris left on floors
• Slippery or wet floors
• Damaged sidewalks
• Holes in parking lots
• Broken asphalt
• Loose or broken floor tiles
• Damaged stairs or missing handrailings
• Unprotected stairwells or holes in floors
• Potholes or ditches without warning signs or rails
• Inadequate lighting
These accidents may happen inside of businesses, retail stores or on public or private property.
Common injuries in slip and fall accidents in San Jose
Slip and fall accidents may cause multiple types of injuries and may happen to people of all ages. Elderly people are particularly vulnerable when they are the victims of slip and fall accidents. Some of the most common types of injuries that can occur in slip and fall accidents include the following:
• Head injuries
• Hip fractures
• Shoulder dislocations and injuries
• Arm and leg fractures
• Hand fractures
• Sprains and strains
• Spinal cord injuries
• Back injuries
• Proving liability in slip and fall accidents
Regardless of where slip and fall accidents happen, the injured victims will be required to prove certain legal elements. Slip and fall claims fall under an area of personal injury law that is called premises liability. Property owners and the possessors of property owe duties of care to people who are lawfully present on their property to maintain their property in reasonably safe conditions and to warn visitors of known hazards. This duty extends to hazards that the property owners knew about or about which they should have known. In determining whether or not the property owner or possessor owed a duty, the court will consider how foreseeable the accident was and how likely the accident was to result in the injury that was suffered. The courts will also consider the causal connection between the conduct of the owner and the resulting accident.
In general, the plaintiffs must show the following:
• The property owner or tenant owed the plaintiff a duty of care;
• The property owner breached the duty that was owed;
• The breach resulted in the accident and injuries; and
• The plaintiff suffered harm.
The accident must have been foreseeable. This may be shown in a number of different ways. For example, if a plaintiff slips and falls in a puddle of milk that was left on the floor in a grocery store, the plaintiff might show that the existence of the puddle should have been known by the property owner by looking at the inspection schedules or by presenting other evidence that the spill had been left on the floor for enough time that it should have been reasonably discovered.
The importance of getting a San Jose slip and fall lawyer
It is important to get legal help from an experienced San Jose slip and fall attorney soon after you have been injured. California has a two-year statute of limitations within which you may file a claim. If you wait too long, you may be unable to recover damages for the losses that you have suffered. Contact an experienced slip and fall lawyer in San Jose today to schedule a consultation.