Premises liability is an appendage of personal injury law that imposes a duty upon property owners, both commercial and residential, to keep their premises reasonably safe. You have the right to expect the property to be reasonably safe under these premises liability laws. If you suffer injury because a property owner failed to live up to this duty, you may have the right to seek compensation for medical bills, lost wages, and other expenses related to your injury. However, premises liability cases can be legally complex. The San Jose premises liability attorneys at Farling, Hecht & Davis, LLP can help you determine the extent of the property owner’s liability. Contact us today for a free consultation with a knowledgeable, respected California premises liability attorney. Allow us the opportunity to help you obtain the compensation you need to make a complete recovery.
Call our office today at 408.295.6100.
Causes of Premises Liability-Related Injuries
A myriad of circumstances can create premises liability for property owners, but all claims rest on the violation of one simple rule: The owner of the property failed to keep the premises reasonably safe. Violations can range from unmarked spills in a supermarket or restaurant, inadequate lighting in an apartment complex, exposed wires in your home, to uneven walkways or sidewalks. Further examples of property owner liability include:
- Negligent Security
- Unsafe Floors
- Dog Bites
- Sports and Recreational Injuries
- Construction Site Accidents
- Falling Objects
- Dangerous Decks and Balconies
- Playground Injuries
- Slip/Trip and Falls
Who is Responsible?
Depending upon the type of premises and the extent to which they have invited or allowed people on the premises, property owners owe different levels of responsibility. Different types of property have different rules that apply when it comes to determining the liable party for a premises accident. For example:
Commercial Business:The business will likely have an insurance company sort out the liability issue according to the lease or contract between the property owner and business or tennant.
Private Residence: This can get tricky. While homeowners are primarily responsible for the safety of their property, rental units carry a different responsibility between the landlord/owner and the tenants.
Adjacent Property Owner(s): California law allows municipalities to impose liability on adjacent property owners for the failure to maintain a walkway. If you suffer from an injury caused by tripping on a raised portion of the sidewalk, the adjacent property owner may be liable in addition to the public entity responsible for the sidewalk.
San Jose Premises Liability Attorneys
The San Jose premises liability attorneys at Farling, Hecht & Davis, LLP are experienced at helping individuals evaluate the extent their injuries and the lifetime economic and non-economic damages associated with those injuries. We carefully document every aspect of the case to pursue fair compensation from property owner and their insurance company. Please contact one of our dedicated San Jose premises liability attorneys at 408.295.6100 for a free consultation to discuss your claim.