Premises Liability
San Jose Premises Liability Attorney
Injured on Another’s Property? Call Mitchell & Danoff Law Firm.
Were you hurt on someone else’s property? Property owners have a duty to maintain reasonably safe premises. When people are hurt due to hazards on public or privately owned property, they may be able to file a premises liability claim seeking financial compensation for injuries, pain, and suffering.
At Mitchell & Danoff Law Firm, San Jose Injury Attorney Tab Mitchell has been protecting the best interests of the injured for more than 30 years. With an extensive legal background and former experience working for insurance companies, he brings a unique skill set to the table.
Call us at (831) 219-2110 for a free consultation to learn more about your rights following a slip & fall, dog bite, or other type of premises liability claim.
Types of Premises Liability Claims
Property liability law refers to the body of personal injury law that holds a property owner responsible for certain injuries that result from an accident that occurred on the premises. Whether you were injured on residential, commercial, or industrial property, all of these landowners are required by California’s premises liability laws to keep their properties free and clear of any immediate danger.
When a floor is covered with sharp or obstructive objects, a spill is not cleaned up, or a cracked sidewalk is left unrepaired, accidents and serious injuries can occur.
Common examples of premises liability claims include:
- Dog bites and animal attacks
- Fires and explosions
- Inadequate security
- Slip and fall accidents
- Swimming pool accidents
- Accidents in retail shops, restaurants, or apartment complexes
Because premises liability claims will require proof that someone else’s negligence directly caused your accident, it is crucial that you speak immediately with an attorney after your accident to preserve the evidence and begin building a strong case.
The more time passes, the more likely it is that evidence will be cleared away or that witnesses will forget what they saw.
Contact our Firm for Affordable Representation Today!
No matter how small or large your case may be, you can trust San Jose injury attorney Tab Mitchell. He draws from over 30 years of experience to protect his clients and obtain a maximum financial recovery.
We work on a contingency fee basis, which means that you won’t have to pay any fees until we secure compensation on your behalf.
Premises Liability Attorney In San Jose
Injured On Another’s Property?
Injuries can happen anywhere—at stores, restaurants, parks, or even someone’s home. If you have been hurt on someone else’s property, you may not only be facing physical and emotional distress, but you may also be questioning how you will cover the costs of medical bills and lost wages. Property owners have a legal duty to maintain reasonably safe premises that do not pose a danger to visitors. When they fail in this responsibility and someone gets hurt, it may be possible to file a premises liability claim.
At Mitchell & Danoff Law Firm, we have been dedicated to protecting the rights of injured individuals for over 30 years. If you have suffered injuries due to a slip and fall, dog bite, or other incidents that fall under premises liability, contact us now for a free consultation at (831) 219-2110. We are here to help you understand your rights and explore your legal options.
Understanding Premises Liability
Premises liability is a legal theory that holds property owners, landlords, and tenants responsible for accidents and injuries that occur on their properties. Under California’s premises liability laws, all property owners have a legal obligation to keep their premises safe for visitors, whether they are invitees (people invited onto the property) or licensees (people allowed to be on the property for a specific purpose).
The scope of this responsibility varies based on the type of visitor and the nature of the property. A commercial establishment, for example, may have a higher standard of care to ensure safety compared to a private homeowner. Common types of premises liability claims include:
- Slip and Fall Accidents
Slip and fall accidents are among the most common premises liability claims. These injuries can result from wet or slippery floors, uneven surfaces, loose rugs, or debris left in walking areas. Property owners must take steps to rectify known hazards and communicate clearly with visitors about any potential risks.
- Dog Bites and Animal Attacks
In California, dog owners can be held liable for injuries caused by their pets, provided the victim was not trespassing. Dog bites can lead to serious injuries, including puncture wounds, serious infections, psychological trauma and death. Inadequate training or care of aggressive breeds can also lead to liability.
- Inadequate Security
If a property lacks adequate security measures, it can lead to assaults, robberies, or other crimes that cause injury to guests. Property owners may be held liable for injuries if they failed to provide adequate lighting, security personnel, or surveillance systems necessary to protect visitors.
- Swimming Pool Accidents
Swimming pools pose inherent dangers, especially to children. Property owners must secure pools with appropriate fencing and warning signs to properly inform visitors about potential hazards associated with the water. Drowning incidents and slip and fall injuries around pool areas can lead to significant liability claims.
- Fires and Explosions
Negligence related to fire safety regulations, such as code violations or lack of functional fire suppression systems, can result in serious claims if a fire or explosion occurs on the property. These incidents can lead to devastating injuries and loss.
- Accidents in Business Establishments
Retail shops, restaurants, and apartment complexes, among other commercial properties, must maintain safe environments for their customers and residents. This includes addressing hazards like spilled liquids, broken furniture, and unsafe stairways.
Building A Strong Premises Liability Case
When pursuing a premises liability claim, establishing negligence is key. To achieve this, several elements must typically be proven:
- Duty of Care: Confirm the property owner had a legal obligation to keep the premises safe for visitors.
- Breach of Duty: Show the property owner failed to fulfill their duty of care by allowing a hazardous condition to exist or failing to act upon knowledge of such a condition.
- Causation: Demonstrate the hazardous condition directly caused the accident and injuries you sustained.
- Damages: Provide evidence of the damages you incurred due to the accident, which could include medical expenses, lost wages, psychological trauma and pain and suffering.
Gathering evidence quickly is crucial in any premises liability case. This includes photographs and video of the accident scene, eyewitness accounts, medical records, and incident reports. Because memories fade and evidence can be lost or corrupted over time, it’s essential to speak with an attorney promptly after your injury to preserve your claim.
Affordable Representation You Can Trust
Call Mitchell & Danoff Law Firm at (831) 219-2110 for a free consultation because we pride ourselves on providing compassionate, personalized representation to every client. With over three decades of experience, we understand the intricacies of premises liability law and is dedicated to obtaining the maximum financial recovery for you.
Contingency Fee Basis
Financial concerns should never prevent you from seeking justice after an injury. That is why our firm operates on a contingency fee basis, which means you don’t pay any legal fees unless we successfully secure compensation on your behalf. This approach allows you to pursue your claim without the burden of upfront costs, providing peace of mind during an already challenging time.
When you work with Mitchell & Danoff Law Firm, you gain a legal partner who is committed to your case and understands how to negotiate effectively with insurance companies and opposing parties. We have the resources and expertise necessary to thoroughly investigate your claim and ensure your rights are protected every step of the way.
Secure Your Rights After An Injury
After an injury on someone else’s property, taking immediate action is crucial to safeguarding your rights and strengthening your case. Here are some essential steps to follow:
- Seek Medical Attention: If you’ve been injured, your immediate health and well-being should be your top priority. Even if injuries seem minor, a medical professional can identify issues that may not be immediately apparent. Prompt medical documentation can also strengthen your case.
- Report the Incident: If your injury occurred on commercial property, report the incident to the property owner or manager. This creates an official record of the accident, which could be important for your case. Make sure to get a copy of the incident report if possible.
- Document the Scene: Take photos of the location where the accident occurred, focusing on any hazards that contributed to the injury. Additionally, gather contact information from any witnesses who saw the event unfold, as their testimonies could be pivotal.
- Save All Medical Records and Expenses: Keep track of all medical bills, prescriptions, and treatment records related to your injury. This documentation will be crucial in demonstrating the financial impact of the accident.
- Avoid Discussing Your Case on Social Media: It is best to refrain from sharing details about your case or posting about your accident on social media. Insurance companies often monitor social media for evidence that can be used against claimants to minimize their liability.
- Contact a Lawyer: Engaging a qualified premises liability attorney as soon as possible is vital. An attorney can guide you through the complexities of the legal process and ensure all the appropriate steps are taken to protect and support your claim.
Get The Help And Compensation You Deserve
Suffering an injury on another’s property can be overwhelming and stressful. However, understanding your rights and the principles of premises liability can empower you to seek the compensation you deserve for your injuries. Whether you have been injured in a slip and fall, a dog bite, or another type of incident, the experienced legal team at Mitchell & Danoff Law Firm is here to support you through every step of the process.
If you are facing medical bills, lost wages, and pain and suffering due to someone else’s negligence, don’t hesitate to reach out. We are committed to helping our clients secure maximum recovery while providing compassionate and personalized legal representation.
Contact us now at (831) 219-2110 for a free consultation about your premises liability case. We’ll take the time to discuss your situation, evaluate your claim, and determine the best course of action moving forward. Let us advocate for your rights, so you can focus on what truly matters—your recovery and well-being. Your safety and rights are our priority, and we’re dedicated to standing by your side during this challenging time.
Contact Mitchell & Danoff Law Firm at today and speak with us during a free case consultation.
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Read DisclaimerFrequently Asked Questions
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Should I hire a lawyer for my personal injury case?
There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.
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How long will my personal injury case take to resolve?
This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.
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What is the average settlement amount for a personal injury claim?
The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.
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Does California put damage caps on claims for personal injury cases?
No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.