San Jose Slip & Fall Accident Attorney

Slip, trip, and fall accidents are some of the most common personal injury claims we see here at Henshaw Law Office. Slip and fall hazards are rampant in the City of San Jose, from faulty sidewalks to slippery floors in local shopping malls. Around the country, slip and falls account for more than one million emergency room visits every year. Slip and falls are the leading cause of occupational injury and workers’ compensation claims in ages 55 and older. Although every slip and fall claim is unique, they share common elements. To prove your slip and fall case and receive compensation, you need to understand the laws of premises liability. Contact our San Jose slip and fall lawyers today to learn more about legal action for your specific case.

What Is Premises Liability?

“Premises liability” refers to a property owner’s responsibility for the safety of his or her premises. California law will hold a property owner liable for injuries if the owner’s negligent management of the property contributed to the accident in question. In most circumstances, the property owner will have owed the visitor certain duties of care. These duties can include:

• Fixing obvious property hazards, such as a banana peel lying on the ground.
• Searching for hidden or unknown hazards, such as a sprinkler head covered by leaves.
• Warning visitors of known dangers that exist, such as a freshly waxed floor.

The only time a property owner may be exempt from liability is if the injured party was an adult trespasser who did not have permission to enter the property. Child trespassers have the same rights to a reasonably safe premises as invitees in the State of California.

Elements of a Slip and Fall Claim

Slip and falls can happen virtually anywhere – at a grocery store, shopping mall, parking lot, amusement park, bank, public park, sidewalk, office building, warehouse, or at a friend’s private residence. The elements a person must have to prove that a slip and fall occurred due to someone else’s negligence, however, do not change. No matter where the slip and fall happened, the injured party has to prove the following:

1. The property owner had a responsibility to ensure visitor safety. This element will depend on the status of the injured party at the time of the accident. If the owner of the property was not the party using or maintaining it at the time, liability may shift to the latter.
2. The property owner breached his or her duties to the visitor. A “breach of duty” can be anything that goes against accepted standards of care according to the situation. A breach could be negligent property maintenance, low-quality premises repairs, or a failure to warn visitors of existing hazards.
3. The property owner’s breach of duty caused the accident. The injured party (the plaintiff) must have proof of causation. The defendant’s actions or failure to act must have been the main cause of the plaintiff’s accident.

The plaintiff must also prove that he or she sustained damages. Damages can include a personal injury, property damage, lost wages, or pain and suffering. The time limit for filing a premises liability claim for a slip and fall in California is two years from the date of injury. Do not wait until your deadline is near. Call Henshaw Law Office today at (408) 599-1305 or drop us a line for a free consultation with a qualified slip and fall attorney in San Jose.