Every day across the country, people injure themselves in slip and fall accidents. These kinds of incidents can cause mild to serious harm, ranging from broken bones and soft tissue damage to slipped discs and traumatic brain injuries. While compensation is available for injured people, slip and fall claims can be difficult to negotiate or prove without a legal professional’s help and the right evidence.
If you recently experienced a slip and fall accident and are in pain, reach out to our law firm. We offer transportation to consultations and our compassionate personal injury attorneys can also come to you. Our energetic team is always ready to fight and will not back away from litigation to get you what you need. Call Valero Law Group Injury Lawyers to get the help of a San Jose slip and fall lawyer on your side.
Premises Liability and Slips and Falls
Slip and fall cases are a type of personal injury scenario that falls under premises liability law–or when someone is hurt on another individual’s property. These cases seek to hold property owners and/or managers responsible for not maintaining their premises to ensure all people are safe there.
Notably, under local law property owners only owe a duty of care to people who have permission to be on the property. The amount of responsibility a property owner owes a visitor depends on the type of visitor they are.
Invitees
Invitees are people who are on a property to do business such as patrons in a store or restaurant. Because their visit benefits the owner, invitees are owed the highest duty of care. This means a property owner must remedy or warn of any known dangers as well as regularly check for potential unknown hazards.
Licensees
Licensees, on the other hand, are on a property for their own benefit such as a guest at a party or friend’s house or someone using a restroom in a grocery store without also shopping there. In these scenarios, an owner is only required to warn of or remedy known dangers.
Trespassers
In contrast, people who do not have permission to be on a property are considered trespassers, and property owners do not owe them a duty of care except to not intentionally cause them harm unless the trespasser is a minor.
Our San Jose attorneys can help an injured person determine the type of visitor they were during their slip and fall accident and who should be held responsible for their injuries and losses.
Establishing Liability and Recovering Damages for a Slip and Fall
An injured person can pursue compensation through the courts or through settlement with insurance companies. Dealing with insurance companies can be stressful for someone to handle without the assistance of a lawyer who is trained to negotiate settlements. Insurance adjusters often will not offer a settlement amount that totally covers the costs of the injured person’s losses and injuries. In court, a lawyer can push for economic and non-economic damages like current and future medical expenses, lost wages, pain and suffering, and mental anguish. It is wise to hire a San Jose attorney from our firm who will not back down when seeking the best compensation for slip and fall accident injuries.
To have a successful lawsuit, an injured person must prove they were owed a duty of care. Slip and fall accident lawsuits revolve around the concept that a property owner owed the victim a duty of care, but violated that duty by negligently failing to safeguard the premises, and because of that failure, the person sustained avoidable injuries and losses. A seasoned San Jose attorney can help you prove that the at-fault party was negligent in your slip and fall case by gathering and presenting evidence including witness testimony, expert witness accounts, medical records, video surveillance, and more depending on what is available in a particular circumstance.
Call a San Jose Slip and Fall Attorney Today
It can be nerve-wracking to see your medical bills and other costs pile up while you are waiting for a solution. It is best to act quickly and enlist the help of a legal professional to pursue the compensation you deserve. Our team is always available to take your call, and if there is an emergency we are on call. We are here to do the best we can to help. Find out more by contacting a San Jose slip and fall lawyer today.
