Injured in a Slip and Fall, Dog Bite, or Accident on Dangerous Property? We Secure Maximum Compensation.
You have the right to feel safe when you enter a store, an apartment complex, or even a friend's home in San Jose. When a property owner’s negligence causes a catastrophic accident, the law is on your side. At San Jose Personal Injury Attorneys (SDPIA), we are dedicated to holding negligent property owners and powerful insurance companies accountable for the injuries and losses you have suffered.
We understand the physical pain, emotional distress, and financial burden that an accident on dangerous property can inflict on you and your family. We use decades of combined experience and an unparalleled commitment to client results to investigate, negotiate, and litigate your premises liability case.
Don't wait to seek legal guidance. The time to act is limited, and the evidence you need to win your case can quickly disappear. Call us today for a completely free, no-obligation case evaluation.
Call (408) 217-1778 for Your Free Case Evaluation
What is Premises Liability Law in California?
Premises liability is the area of personal injury law that deals with accidents and injuries that occur because of a dangerous or defective condition on someone else's property. Whether the property is commercial (like a grocery store, hotel, or mall) or private (like a rental unit or private residence), the owner or occupier has a legal obligation, known as a duty of care, to maintain the premises in a reasonably safe condition for visitors.
When they breach this duty by failing to repair a hazard or at least warn visitors about it, and that failure results in injury, they can be held financially liable for the resulting damages.
Your Rights Under California Law
In California, property owners owe a duty of ordinary care to all persons who come onto their property, whether they are guests, customers, or tenants. This duty requires owners to:
- Inspect their property regularly for dangerous conditions.
- Repair any hazards they find in a timely manner.
- Warn visitors of any known dangers that cannot be immediately repaired.
If you were seriously hurt at a San Jose business, apartment building, or other property, you may be entitled to significant financial recovery. Our skilled attorneys will aggressively pursue justice on your behalf.
Types of Premises Liability Cases We Handle
The term "premises liability" covers a surprisingly wide array of accidents. Our San Jose Personal Injury Attorneys have extensive experience successfully litigating all forms of property-related injury claims throughout Santa Clara County, including those involving:
Slip and Fall / Trip and Fall Accidents
These are the most common premises liability claims. They often lead to serious injuries, including broken bones, head injuries, and spine damage. We handle cases resulting from:
- Wet or Spilled Floors: Leaks, recently mopped areas without caution signs, or spills in grocery aisles.
- Uneven Walking Surfaces: Cracked sidewalks, hidden potholes in parking lots, or torn carpeting.
- Broken or Uneven Stairs: Faulty railings, poor lighting on stairwells, or defective steps.
- Debris or Obstacles: Items left in walkways, cluttered storage areas, or electrical cords that create a tripping hazard.
Dog Bites & Animal Attacks
California is a strict liability state for dog bites. This means that a dog owner is liable for damages if their dog bites someone in a public place or lawfully in a private place, even if the dog has never shown aggressive tendencies before. We pursue compensation for victims of:
- Bites and maulings leading to serious lacerations and disfigurement.
- Falls or injuries caused by an aggressive dog jumping or charging a person.
Negligent Security & Assaults
Property owners have a duty to provide adequate security when the risk of foreseeable crime exists. If a third-party criminal act—such as an assault, robbery, or rape—occurs on a property, the owner may be liable if their failure to provide reasonable security contributed to the attack. This includes cases involving:
- Inadequate Lighting in parking garages or stairwells.
- Broken Locks, Gates, or Fences at apartments or hotels.
- Lack of Security Personnel at bars, nightclubs, or large venues with a history of crime.
- Faulty Surveillance or alarm systems.
Swimming Pool and Drowning Accidents
Pool owners, whether private or commercial, must adhere to strict safety regulations, including fencing, self-latching gates, and pool alarms. We represent victims of:
- Accidental drowning or near-drowning due to lack of security or supervision.
- Slip and falls on wet pool decks.
- Injuries caused by defective drains or pool equipment.
Construction & Structural Defects
This category covers injuries caused by poor design or neglected maintenance that violates building codes, such as:
- Collapsing decks, balconies, or porches.
- Injuries from exposed wires or faulty electrical systems.
- Accidents involving broken playground equipment or trampolines.
Proving Negligence: The Core of Your Premises Liability Claim
Winning a premises liability case in San Jose requires more than just being injured on someone else's property. You must prove the property owner was negligent—meaning they failed to act as a reasonably prudent person would have under the circumstances.
Our attorneys focus on securing the critical evidence necessary to prove the following four elements of your claim:
1. Duty of Care
We establish that the defendant (the property owner or occupier) owned, leased, or controlled the property and therefore owed you a duty to keep it safe.
2. Breach of Duty (The Key)
This is the most challenging element. We must prove the owner breached their duty because they knew or should have known about the dangerous condition and failed to take reasonable action. Evidence for this can include:
- Actual Notice: The owner was directly told about the hazard (e.g., an employee report, a complaint).
- Constructive Notice: The dangerous condition existed for a long enough time that a property owner exercising reasonable care should have discovered it through routine inspections. We prove this using security footage, witness testimony, and maintenance logs.
3. Causation
We demonstrate that the owner’s breach of duty was a substantial factor in causing your injury. For instance, the property owner's failure to put up a wet floor sign (breach) directly caused you to slip and break your leg (causation).
4. Damages
We meticulously document all physical, emotional, and financial losses you suffered as a direct result of the injury.
Full Compensation We Can Fight For
A serious injury on dangerous property can result in staggering expenses and long-term suffering. Our goal is to ensure you receive maximum financial recovery, covering every loss you’ve incurred and will incur in the future.
The compensation (known as damages) we fight to secure for you includes:
- Medical Expenses" Emergency room visits, hospital stays, surgery, doctor visits, prescription medications, rehabilitation, and the estimated cost of future medical care.
- Lost Wages: Income lost from the time you were forced to miss work during your recovery.
- Loss of Earning Capacity: Compensation if your injury prevents you from returning to your previous job or limits your ability to earn in the future.
- Pain and Suffering: Compensation for your physical pain, discomfort, anxiety, emotional distress, and loss of life's enjoyment.
- Property Damage: The cost to repair or replace any personal property damaged in the accident (e.g., phone, clothing, watch).
Why San Jose Personal Injury Attorneys Should Handle Your Claim
When you're injured on a corporate property like a supermarket, a restaurant chain, or a large apartment complex, you are not fighting the owner—you are fighting their corporate legal team and massive insurance carriers. You need a San Jose premises liability law firm with the resources, reputation, and resolve to take them on and win.
Local Experience, Proven Results
We are San Jose attorneys who know the local courts and judges in Santa Clara County. Our familiarity with local ordinances and the tactics of local insurance adjusters gives us a distinct advantage in building a powerful case. Our track record includes securing multi-million dollar results for injured victims, demonstrating our commitment to achieving justice and maximum recovery.
In-Depth Investigation and Expert Testimony
Our legal team goes beyond police reports and incident logs. We hire experts who can prove the owner had notice of the hazard:
Accident Reconstructionists to demonstrate how the hazard caused the injury.
Safety Engineers to confirm building code violations and maintenance failures.
Medical Specialists to accurately project your future care needs and costs.
We immediately work to secure crucial evidence like surveillance video before it is deleted and maintenance logs before they are "lost."
We Work on a Contingency Fee Basis: No Fee Unless We Win
We believe that financial concerns should never prevent an injured person from seeking justice. That's why we take all premises liability cases on a contingency fee basis.
This means you pay absolutely no upfront costs or hourly fees for our services. We only get paid if we successfully recover compensation for you through a settlement or trial verdict. If we don’t win, you don’t owe us a dime for attorney fees.
Frequently Asked Questions (FAQs)
Q: What if I was partially at fault for my injury?
A: You can still recover damages. California follows the legal principle of Pure Comparative Negligence. This means that even if you were partially at fault for the accident (for example, 20% responsible), you can still recover the remaining portion of your damages (80%). The property owner’s insurance company will always try to blame you to minimize their payout; our job is to protect you and ensure your fault percentage is minimized.
Q: How long do I have to file a premises liability claim in San Jose?
A: The statute of limitations for personal injury cases in California is generally two years from the date of the injury. However, the deadline can be much shorter if the defendant is a government entity (such as a public park or municipal building), often requiring a formal claim to be filed within six months. Because crucial evidence can be lost and deadlines are strict, it is vital to contact an attorney immediately after receiving medical care.
Q: Who can be held liable in a premises liability case?
A: Liability often extends beyond just the property owner. Depending on the location and circumstances of your injury, potential defendants can include:
The actual property owner (homeowner, corporation, government agency).
The tenant or leaseholder (e.g., a business operating in a leased space).
Property managers or management companies.
Maintenance or security companies contracted to maintain the property.
Q: I was injured on a corporate property like a major retail chain. Can I really sue them?
A: Yes. Large retail chains and corporations have a massive duty of care due to the constant flow of customers. They often have internal systems for inspection and maintenance, which our attorneys use to prove they had notice of the hazard. We have the resources to confidently take on even the largest national corporations and their insurance carriers.
Don't Wait—Protect Your Rights Today
A premises liability injury can change your life in an instant. While you focus on recovering from your injuries, let the experienced team at San Jose Personal Injury Attorneys handle the legal fight. We will manage the investigation, deal with aggressive insurance adjusters, and build a powerful case focused on securing the maximum compensation you deserve.
The clock is ticking on your right to file a claim. Contact us immediately to ensure all critical evidence is preserved and your case is built on the strongest possible foundation.
Your consultation is free, confidential, and comes with no obligation.
Call (408) 217-1778 Now or fill out our online form to request your FREE Case Evaluation.
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