Experienced and Skilled Legal Counsel
Premises liability is the course of law that protects the public in the event of an accident or injury that occurs on another’s property. Whether the space is commercial or residential, the owner is responsible for ensuring the safety of all those who enter or step foot on the property. However, as with anything, accidents are bound to happen — resulting in the property owner being held liable for any medical expenses, loss of work or wages, and emotional distress following an accident or injury. Our team of trusted and results-driven San Jose premises liability attorneys of BD&J have the resources and skill necessary to fight for you during this difficult time.
Common Types of Premises Liability Cases
Many hazards can lead to premises liability claims. Some of the most common types of accidents we handle include:
- Slip-and-fall accidents. Wet floors, uneven surfaces, or loose carpeting can cause serious falls, leading to broken bones, head injuries, and other complications.
- Dog bites. If a property owner fails to restrain or properly control their pet, they can be held responsible for any injuries caused by an attack. Dog bites can result in scarring, infections, nerve damage, and emotional trauma.
- Swimming pool accidents. Property owners with swimming pools must ensure proper safety measures, such as fencing, covers, and warning signs.
- Bad lighting. Poor lighting in parking lots, stairwells, or hallways increases the risk of falls, criminal activity, and accidents.
- Poor security. If a business or property owner fails to provide sufficient security in high-risk areas, they may be liable for injuries caused by criminal acts, such as assaults or robberies.
- Dangerous conditions. Broken handrails, uneven walkways, unsecured shelving, or deteriorating stairs create hazardous environments that can lead to severe injuries.
As a victim of any of the above, you have rights, and we intend to protect them. Our accomplished and effective litigators of BD&J have a proven track record of success when it comes to advocacy on behalf of injured victims, and you can rest assured you are in the right hands when you have us on your side.
Who’s Held Liable in Premises Liability Cases?
In California, property owners, landlords, business owners, and even government entities can be held responsible for injuries that occur on their property due to unsafe conditions. The level of responsibility varies depending on the relationship between the injured party and the property owner. If a property owner’s negligence led to your injury, consulting a premises liability lawyer in San Jose can help you determine who’s responsible and pursue fair compensation.
What Must Be Proven in Premises Liability Cases?
To hold a property owner liable for your injuries, we must establish the following key elements:
- Duty of care. The property owner had a legal duty to maintain safe conditions for visitors.
- Breach of duty. The owner failed to uphold this duty by allowing hazardous conditions to exist.
- Causation. The unsafe conditions directly caused your injury.
- Damages. You suffered physical, emotional, or financial harm as a result.
What Damages Can You Receive in a Premises Liability Case?
Victims of premises liability accidents may be entitled to various forms of compensation, including:
- Medical expenses. Covers hospital bills, surgeries, physical therapy, and ongoing medical care
- Lost wages. Reimburses income lost due to the injury and potential loss of future earning capacity
- Pain and suffering. Compensation for physical pain, emotional distress, and diminished quality of life
- Property damage. Reimbursement for personal belongings damaged in the accident, such as clothing or electronics
- Punitive damages. Payments to punish the property owner and deter future misconduct in cases of extreme negligence
Contact Our San Jose Premises Liability Lawyers Today
Our firm, BD&J, is comprised of injury attorneys who have one goal in mind: Offering our clients a comprehensive plan for any and all of their legal troubles. Following an injury on another’s property, it can be rather intimidating to pursue litigation against the property owner, particularly if he or she is someone you know. This is where our legal team will step in, ensuring you and your rights are protected to the best of our ability.
