San Jose Premises Liability Attorneys

Individualized Support from Knowledgeable Bay Area Lawyers

“Premises liability” concerns responsibility for injuries caused by unsafe conditions on someone else’s property. At Needham Kepner & Fish LLP, our San Jose premises liability attorneys represent people injured in stores, nursing homes, offices, homes, and other properties, including those hurt in a Palo Alto slip and fall accident.

These incidents can cause serious injuries, including:

• Broken bones
• Injuries requiring hip replacements
• Spinal cord injuries
• Traumatic brain injuries

Are You Liable If Someone Gets Injured on Your Property?

Property owners have a legal duty to keep their property reasonably safe. This includes inspecting for potential hazards, performing regular maintenance, and posting warnings about hazards that can’t be fixed.

You may have a valid premises liability claim if you were injured because of a dangerous condition on someone’s property, provided the property owner knew or should have known about it and failed to fix it or provide an adequate warning.

If you were injured due to the negligence of a property owner, contact our San Jose premises liability attorneys by calling (408) 716-1668 today!

Who Can Be Liable for an Injury on Property?

The responsible party isn’t always the person named on the deed. Depending on the circumstances, a tenant, business operator, property manager, or another party that occupied or managed the property may have been responsible for inspecting, maintaining, or repairing the area where the injury occurred.

California premises liability claims generally require proof that the defendant owned, leased, occupied, or controlled the property; failed to use reasonable care; that the injured person was harmed; and that the defendant’s negligence was a substantial factor in causing that harm. Under California Civil Code section 1714, the central question is whether the person responsible for the property used ordinary care under the circumstances. 

Actual notice means the responsible party knew about the hazard, while constructive notice means the condition existed long enough that a reasonable inspection should have discovered it.

Common Hazards Leading to Premises Liability Claims

Unsafe property conditions can develop when stores, residential properties, care facilities, and other premises aren’t adequately inspected, maintained, or repaired. A warning may also be necessary when a hazard can’t be corrected promptly.

Hazards that can give rise to a premises liability lawsuit include:

The circumstances surrounding a hazard matter. Inspection practices, repair records, prior complaints, and warning signs can help establish whether the responsible party knew or should have known that someone could be injured.

Premises Liability Beyond Slip-and-Fall Accidents

Premises liability can also involve fires caused by faulty wiring, inadequate security, and unsafe parking garages or lots. In these situations, liability can depend on who was responsible for the property, what risks were reasonably foreseeable, and whether ordinary care was used to address them.

Dog bites are governed by more specific California rules. A dog owner is generally strictly liable when the dog bites someone in a public place or while that person is lawfully on private property. Strict liability means the injured person generally doesn’t have to prove that the owner knew the dog had previously behaved aggressively. Statutory exceptions can apply to governmental military or police dogs performing certain duties.

Steps to Take After a Slip and Fall Accident

After you suffer a slip and fall injury, gathering evidence quickly can be critical. Without prompt action, it can be difficult to establish how long hazards such as spills were present.

Property owners have also been known to repair or dispose of a hazard after an accident in an effort to scuttle a case. At Needham Kepner & Fish LLP, our personal injury attorneys move quickly to investigate your claim.

When possible, preserve information that shows what happened:

• Photograph the dangerous condition and the surrounding area.
• Keep injury documentation and incident-report details.
• Collect the names and contact information of witnesses.
• Identify cameras that may have captured the accident.

Surveillance footage may not remain available indefinitely, so identifying it promptly can matter. We interview witnesses, gather evidence, consult with experts, and examine accident sites in San Jose and throughout the Bay Area.

California Premises Liability Filing Deadlines

California generally allows two years from the date of injury to file a personal injury lawsuit under Code of Civil Procedure section 335.1. The applicable deadline can change based on who owned or managed the property, the injured person’s age, and other circumstances.

Some claims require attention well before the two-year mark:

• Public property claims: When a government entity owns or controls the property, an administrative claim generally must be submitted within six months of the injury before a lawsuit can proceed.
• Claims involving minors: California generally pauses the standard limitation period until an injured minor turns 18, although exceptions and separate government-claim rules can apply.
• Other circumstances: Delayed discovery and other legal rules can affect when a deadline begins or expires.

Because a missed deadline can prevent a claim from moving forward, it’s important to determine the applicable time limit based on the specific facts.

Compensation & Comparative Fault

We seek compensation for losses caused by injuries resulting from negligence. The compensation available depends on the evidence, the nature of the injury, and how the incident affected the injured person.

California follows comparative fault, so responsibility can be divided among multiple parties. An injured person found partly responsible may still pursue compensation, but the recoverable amount can be reduced according to that person’s percentage of fault. Evidence concerning the hazard, available warnings, and each party’s actions can affect that evaluation.

Claim Development, Negotiations & Mediation

We develop premises liability claims by collecting evidence, reviewing witness accounts, and examining injury-related records. We then evaluate the roles of the property owner, tenant, business operator, or other responsible party and present the claim during insurance negotiations.

Negotiation isn’t the only potential path toward resolving a dispute. We also offer mediation, a structured process in which a neutral third party helps the parties explore a possible agreement outside court. Mediation can support an amicable resolution and potentially expedite a case, but whether it’s appropriate depends on the circumstances and the parties’ positions.

Get Assistance from Our San Jose Premises Liability Lawyers

If you or a loved one suffered an injury on someone else’s property, the lawyers at Needham Kepner & Fish LLP can investigate what happened and identify the parties that may be responsible.

To schedule a free consultation, call us today at (408) 716-1668 or use our online form. We handle injury cases on a contingent fee basis, which means that you pay us nothing unless you recover compensation.