Anyone can suffer an injury in a slip, trip, and fall accident. Victims are entitled to just compensation when a San Jose property owner’s negligence is the cause. That’s where BoyesLegal APC comes in. We regularly represent slip and fall accident victims in California.
Well-versed in the applicable premises liability and insurance laws, we have an impressive track of achieving significant settlements and jury awards. If you or a loved one has been injured after falling on another party’s property, you can depend on us to handle your claim with diligence and care. Contact our office today to get started with an experienced slip, trip, and fall attorney.
What is premises liability and slip, trip, and fall?
Under the premises liability laws of California, all property owners – private, commercial, and public – must maintain their property, provide a safe environment to visitors, and warn them of any known hazards. The term “visitors” includes neighbors, mail carriers, vendors, and pedestrians.
Premises liability claims rest on the legal principle of negligence:
- The defendant owner owed the plaintiff a duty of care
- The defendant breached that duty
- That breach resulted in the plaintiff’s injury
- The plaintiff suffered actual damages (e.g. medical expenses, lost wages)
Slip, trips, and falls are the most common accident resulting in premises liability. Plaintiffs may be able to sue property owners, landlords, business owners, residential tenants, maintenance companies, and other parties that control the property where the accident occurred to recover damages.
Causes of Slip, Trip, and Fall Accidents
Slip and fall accidents can be due to inattention or clumsiness; however, you may have a valid premises liability claim if a property owner’s negligence caused or contributed to your injuries. The slip, trip, and fall lawyers at BoyesLegal have successfully handled claims arising from hazards such as:
- Wet or slippery surfaces
- Broken stairs
- Poorly secured banisters
- Torn carpeting
- Debris-obstructed walkways
- Poorly lit hallways
- Uneven or warped flooring
- Poorly secured rugs
Regardless of the cause, you can rest assured that we will hold the responsible party accountable and fight for the maximum compensation you deserve.
Proving Liability for a Slip, Trip, and Fall Accident in San Jose
Slips, trips, and falls can happen anywhere: at a neighbor’s home, a retail store, a parking lot, on a sidewalk, or on public property (e.g. a government building). The best way to protect your rights is to contact our firm as soon as possible – before the property owner or manager has a chance to repair the hazard that caused your accident.
We must be able to prove that the property owner failed to (1) properly maintain their property or (2) warn you of any existing hazards to have a valid claim. It is also necessary to prove that the property owner was aware, or should have been aware, of the hazard and failed to protect you from being injured on the premises. You can depend on our legal team to:
- Investigate and photograph the accident site
- Identify and interview witnesses
- Promptly file all legal paperwork
- Take over communications with the property owner’s insurance company
- Negotiate a fair and reasonable settlement
Negotiations with an insurance company can resolve most premises liability claims. However, insurers often attempt to pay as little as possible. Our attorneys will demand full payment of your claim and file a premises liability lawsuit if necessary. Rest assured, we will protect your rights in and out of the courtroom.
Common Injuries in San Jose
Slip and fall accidents often result in minor scrapes, bruises, and soreness, but a bad fall can cause serious injuries. According to the Centers for Disease Control and Prevention (CDC), the most common slip and fall injuries include:
- Hip fractures
- Back and spinal cord injuries
- Shoulder injuries
- Fractures and sprains
- Head injuries
- Traumatic brain injuries (TBIs)
The degree of injury resulting from slip and fall accidents varies based on the type of fall (e.g. from a height, down stairs, off a ladder, on a raised sidewalk) and the age and fitness level of the accident victim. Older adults are at a higher risk of serious injury. If you or a family member has suffered an injury due to a property owner’s negligence, you deserve just compensation.
Damages You Can Recover in a Premises Liability Claim
In a successful slip and fall accident claim, economic and non-economic damages may be recoverable, including:
- Medical Expenses
- Rehabilitative costs
- Lost wages – present and future
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
Let BoyesLegal handle all the details of your claim and fight for the compensation you need and deserve.
Contact Our Experienced California Slip, Trip, and Fall Attorney
Slip, trip, and fall accidents are not merely embarrassing but can and do result in life-altering injuries. The sooner you contact our office, the sooner we can start working on your premises liability claim.
BoyesLegal assists slip and fall victims with their legal needs in San Jose and throughout the state of California.