You have the right to meet with a San Jose, CA, slip-and-fall lawyer after an accident on someone else’s property. Investigating the negligence that led to your accident can help you financially recover from the medical bills and property damage that someone else caused.
Omega Law Group recognizes that the thought of legal action may be intimidating, though. That’s why our personal injury lawyers in San Jose strive to make you as comfortable as possible. Since 2016, we’ve offered free case evaluations in addition to contingency fee-based services. You can count on our team to prioritize your right to a stress-free recovery.
Contact us today to learn more about how our services can help you overcome your slip-and-fall losses.
Do Landowners Have an Obligation to Protect You From Slip and Fall Accidents?
Landowners do have an obligation to protect certain parties that come onto their land. This can include you. Landowners must specifically take steps to keep their land accessible and to prevent avoidable, reasonably-anticipated accidents. This means that landowners may have to:
- Maintain and repair damaged sidewalks
- Keep staff on duty to discourage or prevent theft
- Invest in anti-earthquake building materials
- Regularly check fire alarms and CO2 alarms
- Quickly address spills and other safety concerns
- Direct visitors away from visible danger
Failure to abide by these standards and others may put you at risk for a dangerous accident. If you can point out a landowner’s negligence, you can more effectively argue for your right to accident compensation.
Who Do Landowners Have to Protect?
Landowners specifically have to protect invitees and licensees on their property. Both of these parties benefit from a comprehensive duty of care.
- Invitees constitute parties that a landowner explicitly invites onto their land. These parties can include shoppers, friends, family members, and business partners.
- Licensees constitute people who come onto a person’s property with the intent to provide a service. These parties can include electricians, handymen, and employees.
California revoked its attractive nuisance law, meaning that trespassers of all ages do not benefit from a landowner’s duty of care. However, landowners may not use unreasonable force to remove trespassers from their properties. Those who do may face criminal consequences for escalating a tense situation.
How Can You Prove Your Right to File a Claim After a Slip and Fall Accident?
If you want to prove your right to file a slip-and-fall accident claim, you need to bring forward enough data to meet California’s burden of proof. The burden of proof in the state serves as the bar you need to clear to prove that someone else’s negligence caused your slip-and-fall accident.
The evidence you use to clear this bar may be found at the scene of your accident. It may include physical debris, witness statements, videos of your slip, and photos of the scene. Our team can also integrate expert witness testimony into the conversation surrounding slip-and-fall accident liability.
Are Landowners the Only Parties You Can Sue After a Slip and Fall Accident?
Landowners are not the only parties that can assume responsibility for a slip-and-fall accident. The evidence you find at the scene of an accident may also suggest that parties like the following bear the blame for your losses:
- Construction crews
- Other pedestrians, motorists, and cyclists
- Shop employees, if applicable
- Independent contractors, if applicable
- Government representatives
If you’re not sure how to make sense of the data you find at an accident scene, contact a slip-and-fall attorney in San Jose. We can continue to gather evidence while assessing the data you’ve already brought forward. You can count on our team to keep you up to date as we discover more about the nature of liability in your slip-and-fall accident.
(310) 526-8383How Can You Financially Recover From a Slip and Fall Accident?
You have the right to include a comprehensive report of the losses you sustained in a slip-and-fall accident when filing a claim with a civil court. The losses your attorney includes in a claim may cover the following:
- Pain and suffering
- Emotional distress
- Emergency medical expenses
- Pain management and medical treatments
- In-home care
- Lost wages
- Property damage and restoration
If you have questions about the calculations we use to determine the value of your slip-and-fall losses, ask us. We keep the math we use to maximize your slip-and-fall accident settlement as transparent as possible.
Should You Work With Insurance Claims Adjusters After a Slip and Fall?
Most landowners have some kind of insurance protecting their investments from damage. This means you may have the right to file a claim following a serious accident on someone else’s land. However, the insurance claims adjusters who work with California landowners want to protect their own finances, not yours.
As such, we encourage you to bring a San Jose slip-and-fall lawyer to any meetings you may have with a relevant insurance claims adjuster. Our presence can prevent an insurance claims adjuster from pressuring you into accepting an unfair settlement. We can also mitigate the bad faith behaviors that might compromise your right to recover later down the line.
Contact a Slip and Fall Lawyer in San Jose Today
Are you ready to work with a slip-and-fall attorney in San Jose? Reach out to Omega Law Group for support. We can connect you to a team of tried and tested professionals who stand ready to help you recover from your recent losses. Our history of client service makes us stand out as a community-oriented firm.
You can count on our team to fight for your right to maximize accident compensation after a slip-and-fall. We don’t balk at difficult cases – if you need to take a landowner, construction crew, or similar party to trial, we’ll stand by you. You can book a free case evaluation with our team today.
