SAN JOSE PREMISES LIABILITY LAWYER
Wherever you go, be it a commercial or a residential area, you have the right to be safe and uninjured on someone else’s property.
The property owner is legally responsible for maintaining a level of safety and security at their location.
Suppose you ever get injured on someone else’s property. In that case, you can hold the property owners responsible for a premises liability claim. A San Jose premises liability lawyer can help you recover damages from your accident.
Daneshrad Law PC has a free consultation with a liability lawyer to navigate you through your claim processes.
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DEFINING PREMISES LIABILITY
A premises liability claim is an area of the law that can hold property owners responsible for the incidents on their premises. An example could be a slip and fall incident in a store. The premises liability law can determine if you can get compensated for your injuries.
The moment you go outside and enter someone’s premises, you put yourself in their care. They are responsible for keeping you safe from the dangers that the hazards in their area pose. You can contact liability lawyers to help you recover damages for your premises liability claims.
SAN JOSE PREMISES LIABILITY CASES OUR PERSONAL INJURY LAW FIRM HANDLES
Here at Daneshrad Law PC, our law firm will compassionately help you navigate through every step of your claim. Alan Daneshrad will aggressively fight for you to obtain compensation for the fatal injuries you received. Daneshrad Law PC handles all types of premises liability cases such as:
- Swimming pool accidents
Per the CDC, drowning is the number one cause of the wrongful death of children from ages one to four. 27% of these drownings happened in public pools or spas, and children are more likely to drown due to the lack of supervision.
- Fires and explosions
These often happen in residential areas where the property owner neglected to fix their wiring or failed to keep a fire from happening.
- Broken glass
Broken glass can often be found by the unaware on public property, and you can get injured from them if left unchecked. It’s usually the property owner’s negligence to keep their area safe that causes these injuries to happen.
- Animal attacks
Dog bites and cat scratches are the most common injuries from animal attacks. These usually come from the property owner’s inability to control or failure to train their animals.
- Slips, trips, and falls
Slip and fall accidents are one of the most common accidents to happen for premises liability lawsuits. Failing to put a wet floor sign or cleaning up a liquid spill can lead to serious injuries for the unaware.
- Negligent security
Suppose you are in a hotel or someone else’s home and a robbery occurs. In that case, you can file a lawsuit against the property owner for negligent security.
- Apartment complex negligence
You can sue your landlord for apartment complex negligence if they failed to do their legal duties to you, their tenant. This breach of duty is caused by acts of negligence such as ignoring property problems or failing to respond to maintenance requests.
- Accidents in public areas such as malls and amusement parks.
Plenty of accidents happen in these areas. You can file different cases, too—personal injury lawsuits for wet floors or wrongful death claims for unsafe conditions.
In any premises liability claim, the injured party has a right to seek compensation from a property owner by fair settlement. Our premises liability attorneys are available to help you file these claims with a free case review.
ACCIDENTS ENTITLED TO PREMISES LIABILITY CLAIMS
As previously mentioned, a property owner who owns or controls properties must exercise reasonable care to keep their premises safe. A property owner breaches this duty when they fail to remedy dangerous conditions that could cause foreseeable injuries. Common accidents that can lead to premises liability cases include:
- Slip or trip and fall accidents
- Elevator accidents
- Escalator accidents
- Accidents involving exposure to toxic substances
- Fires and explosions
- Swimming pool or pond accidents
- Animal bites or attacks
THREE CLASSIFICATIONS OF PROPERTY VISITORS
When you’re visiting someone else’s property, a property owner can consider you as a property visitor. There are three classifications of property visitors: invitee, licensee, and trespasser.
- Invitee: People whom the owner invites onto their property are considered invitees. They are there for the property owner’s purposes, and they can expect the highest level of care. The property owners must repair, warn, and search for hazards before allowing the invitee onto the location.
- Licensee: When you are invited to enter a property for your purpose, a property owner can consider you as a licensee. The property owner is not obligated to treat a licensee with a level of safety like an invitee. Still, a licensee can expect them to warn of known hazards and keep the location hazard-free.
- Trespasser: A trespasser is a person on the property who did not receive permission from the owner. Trespassers are not wanted on the premises, and property owners are not responsible for the trespasser’s safety. However, property owners should not intentionally cause trespassers any harm. If the trespassers are children, the property owner must treat them as an invitee.
WHO SHOULD BE LIABLE IF I MEET AN ACCIDENT ON SOMEONE ELSE’S PROPERTY?
There are different kinds of property with different rules for each of them. These rules are essential for determining who the liable party is for a premises liability accident. Here are a few examples:
- Private Residences: Property owners of private residences are responsible for the safety of their guests. However, the responsibility for rentals is split between the landlord and the tenants.
- Commercial Businesses: Getting injured in a commercial business area will be a clear-cut case. Notify the business as soon as possible about the incident. A commercial business will have its insurance company figure out the liability based on its contract terms.
- Adjoining properties: During instances where the accident occurs between two adjoining properties, you can file a claim against both of the property owners involved.
You can call San Jose premises liability attorneys to help you file a lawsuit against the property owner’s failure to keep you safe from a premises accident. They offer free consultations to help you build a case and collect compensation for your medical expenses.
WHY SHOULD YOU CHOOSE DANESHRAD LAW PC FOR YOUR PREMISES LIABILITY CLAIM?
You should seek out an experienced San Jose premises liability lawyer as soon as possible. Property owners involved with a premises liability lawsuit commonly destroy or alter evidence that could be essential to prove their negligence. Alan Daneshrad offers a free consultation to help you start building your premises liability case against the liable party.
If you or a loved one suffered injuries on another person’s property, contact Daneshrad Law PC to determine if you have grounds for a claim. Our liability lawyers are passionate about helping you and your family recover the compensation you need to regain financial footing after a severe accident.
SAN JOSE PREMISES LIABILITY ACCIDENT FAQs
Here are the most frequently asked questions regarding premises liability in San Jose and the San Francisco Bay Area:
If you end up getting injured because a property owner failed to maintain a level of safety on their premises, you can call (888) 881-3529 today to set up a free consultation. Alan Daneshrad will 