San Jose Slip-And-Fall Lawyer

San Jose residents already know about the endless things to do and see around the city. Sometimes the destinations are of the everyday variety. We may make trips to work or school each day. On weekends, we can head out to get some shopping done or to find a dinner spot.

When we go out, we should try to enjoy our trips, but we must also be aware that there are hazards all around us. Any public place like a mall (like Westfield Oakridge), grocery store, or government building comes with slip-and-fall dangers that could leave you with a serious injury.

If you are hurt in a fall on someone else’s property, a San Jose Slip-and-Fall Accident Lawyer can show you how businesses and property owners can be held liable for your injury and for the enormous recovery costs that follow.

Schedule a Free Consultation with a San Jose Slip-And-Fall Accident Lawyer

If you or a loved one are the victims of a San Jose slip-and-fall accident, it’s important to secure the most in compensation available so your family isn’t facing leftover recovery expenses down the road.

The insurance companies for owners and operators of stores, attractions, residential properties, and other public places won’t automatically provide what you need to pay for medical care.

Maison Law provides a free case evaluation to all San Jose and Santa Clara County slip-and-fall victims so they have a no-cost, no-obligation way to learn about the benefits available to them. Talk over your case with a real attorney to make sure a local business owner or a company or corporation is held fully responsible for what you’ve suffered through.

Who is Responsible for a San Jose Slip-and-Fall or Trip-and-Fall Injury?

Store and business owners owe their customers, clients, and visitors a legal “duty of care.” They owe this care to anyone they invite in. They must provide for the safety of their visitors from the front of the business to the back, and even out in the parking lot.

When a broken jar of juice is left to puddle on an aisle in Safeway for an unreasonable amount of time and you come along and slip and fracture your hip, Safeway could be held responsible. A pothole in a Whole Foods parking lot that caused you to trip and fall to break a kneecap, would also leave the corporate owner responsible.

The same legal duty of care extends to the buildings and facilities operated by the City of San Jose. If you visit the City of San Jose Planning, Building and Code Enforcement Department building and slip on a wet bathroom floor, the city can be forced to help pay your recovery costs.

Residential properties maintained by property management companies are also under this legal concept. You might tumble down a set of stairs with steps that are rotting and that should have been fixed before your accident could occur. Employers must also keep their workplaces free of slip-and-fall hazards or face accountability when employees get hurt.

When you get hurt due to an owner’s or a proprietor’s negligence, a San Jose Trip-and-Fall Lawyer goes to work to collect evidence of that hazard to ensure you secure the most in compensation possible for your recovery.

Common Slip-And-Fall and Trip-And-Fall Hazards in San Jose

When store managers or employees neglect to repair a hazard or clean up an obstacle in a reasonable amount of time, they can be held fully responsible when you get hurt.

It doesn’t matter if the property owner created the hazard or if a customer created the hazard. Those liable must clean up or fix these dangers before you have the chance to fall victim to them.

These hazards can pop up anywhere you may go in San Jose. Here are just a few of the potential obstacles that might leave you or a family member a victim:

• Puddles and Spills – A customer at a San Jose Walmart might spill a 64 oz. soda on the tile. It’s still the store’s responsibility to inspect their floors, spot that mess and mop it up before someone gets hurt. Public bathrooms can have soap and water on the floor and become very slick. You could slip backward, hit your head, and suffer a Traumatic Brain Injury (TBI). These dangers arise in big box stores, restaurants, gas stations, and many other public places. A puddle may have a “wet floor” sign beside it, but that doesn’t always mean that an owner escapes blame if you fall.
• Floor Hazards – Curled-up floor mats, carpet damage, exposed wiring, and debris left on the floor could also leave a proprietor liable for a fall. You might catch a foot and go down for a hard fall on a knee or for a blow to the head. Boxes or loose candy unseen on the floor might send someone falling.
• Stair and Handrail Issues – Stairways left in disrepair at a restaurant, a parking garage, or an apartment or condo building can send someone into a tumble to receive multiple broken bones. A loose stair railing could also be the issue when that means of support isn’t solid enough to lend help to people going up or downstairs. Landlords, store owners, and the City of San Jose may be legally liable for such injuries.
• Weather Dangers – During storms the entrances to businesses can build up with water. Owners and operators are required to keep the front of the store mopped and to put out “wet floor” signs.
• Parking Lot Dangers  – The duty of care extends to parking lots for businesses, city government facilities, and even around gas station pumps. Cracked asphalt, unsafe sidewalks, and cars that leak oil all create opportunities for a slipping injury. Landscaping obstacles might also leave customers on the hard pavement.

What to Do After a San Jose Trip-And-Fall Accident

Your San Jose Slip-and-Fall Accident Lawyer will be fully investigating your case, but unfortunately, your lawyer won’t be able to be with you in the moments after your accident.

On the scene, right after your slip-and-fall has occurred, will be the best time to collect evidence that proves the negligence of a property owner. If you are left strong enough after your fall you should try to gather some important details. If you must leave for the hospital, you can also ask someone with you or a witness to help you grab a few pieces of important evidence.

• Call for an ambulance – If you are hurt, call 911. Request to get checked out by paramedics. The shock of the accident might be masking the pain of a much more serious injury.
• Take pictures – Document the hazard that caused your fall before it’s cleaned up, repaired or carried off by those responsible. Note any warning signs or the lack of signs. Show any visible injuries or damage to clothing.
• Alert a manager – Make sure a property owner or store representative knows what occurred. They’ll likely need to create an incident report. This report can serve as valuable evidence for your case.
• Get contact information from witnesses — This may include helpful employees. Witnesses may not have seen you fall, but they could attest to the obstacle that took you down.
• Don’t throw out evidence – Hang on to any receipts or documents you have from the business where you fell. Keep the shoes you were wearing. Try not to wear them again in case corporate owners try to blame your fall on worn-out shoes.
• Get examined by your doctor – Even if you go to the emergency room, make an appointment with your medical care provider. Get all pain and injuries documented. Follow orders to see any specialists and attend physical therapy appointments if prescribed.

What Kinds of Things Can I Earn Compensation for after a San Jose Slip-And-Fall?

Your Slip-And-Fall attorney will be investigating the individual or corporation that caused your fall. Your attorney should also be collecting all medical bills and medical charts to build a strong case for you.

A strong case backed by evidence and testimony will be key to preventing corporate lawyers or an insurance company from trying to shift the blame to you.

You’ll list every hardship you’ve endured since the accident in your claim so that the insurance company is well aware of everything they must cover in a settlement check.

These and other damages will factor into how much compensation you receive:

• Hospital and medical expenses in the present and those expected in the months to come.
• Costs associated with a permanent physical disability such as future medical equipment needs, house upgrades, and training for a new career.
• Physical pain. The devastating effects chronic pain can have on a patient over a lifetime and the cost of pain medication over months and years.
• Emotional Distress. The anxiety and depression that can follow a terrible accident and being unable to enjoy the freedoms the victim once did. Emotional distress may include the trauma experienced by family members as they cope with the loss of certain activities the victim can no longer participate in.
• Paychecks lost while missing work.
• Travel costs. The expense of traveling to numerous doctor’s appointments. The expense of seeing out-of-city or out-of-state specialists.

Frequently Asked Questions

How long do I have to file a San Jose slip-and-fall accident claim?

Two years. You have two years from the date of the accident to file a claim to receive injury support in most cases. A case that involves the City of San Jose will have tighter deadlines. Check with a lawyer ASAP.

Can I still seek support if I was partially responsible for my slip-and-fall?

Yes. In California, the victim and the business can share responsibility. Even if you are found to have been a bit careless when you fell, a business can still bear partial liability, and be ordered to provide partial support.

Will I have to go to court to win compensation for my slip-and-fall injury?

Not usually. Somewhere around 90% of all personal injury cases are settled before they reach court. Insurance companies don’t like to pay to defend themselves before a judge or risk having their unfair practices exposed.

Contact a San Jose Slip-and-Fall Lawyer

After a slip-and-fall accident, be sure to discuss your case with an experienced San Jose slip-and-fall attorney serving all of Santa Clara County. You should be able to focus on your recovery without worrying over the hospital bills piling up and the paychecks you’re missing while out of work.

Allow Martin Gasparian, the founder of Maison Law, to go to work on your case to secure the most compensation possible for your recovery. Contact us today for a free case evaluation to find out how we can assist you. There’s no obligation, but if you decide we can help you maximize the support your family receives, you won’t need any money to hire us. We don’t get paid unless we win your case for you.