Premises Liability in Slip & Fall Accidents
Call Scher, Bassett & Hames for Legal Assistance
If you have been injured in a slip and fall accident in San Jose, CA, due to a property or store owner’s negligence, you need an experienced slip and fall lawyer. Slip and fall accidents can result in permanent, lifelong injuries that affect your ability to work, enjoy your regular activities, and spend time with family and friends. At Scher, Bassett & Hames, we will act as your advocate in court and make every effort to get you the compensation you deserve after a slip and fall accident. To learn more about our slip and fall attorneys in San Jose, CA, or to schedule a free consultation, call us today.
Common Types of Slip and Fall Accidents
The most common types of slip and fall accidents that end up in court are due to the property owner’s ignorance or negligence. These accidents can be caused by:
- Uneven stairs or flooring
- Poor lighting
- Debris or liquid on the floors
- Exposed electrical wiring
- Cracked pavement
- Holes in flooring or stairs
- Poorly placed fixtures
- Improper construction
- Inadequate warning signs
- Worn or ripped carpeting or rugs
- Broken floor tiles
Common Injuries in Slip and Fall Accidents
When you hire an attorney for a slip and fall injury, you can pursue compensation for physical injuries, medical bills, rehabilitation costs, lost wages, and emotional damages or loss of enjoyment. The most common physical injuries sustained in slip and fall accidents include:
- Head, back, and neck injuries
- Spinal cord injuries
- Soft tissue injuries
- Breaks and sprains
- Vision issues and concussions
- Headaches and migraines
Determining Liability in a Slip and Fall Accident
In order for a property owner to be legally liable for a slip and fall accident on their property, the accident must have been caused by negligence. The following conditions must be met in order to claim negligence:
- The owner of the property or an employee must have directly caused the conditions that resulted in the slip and fall.
- The owner or an employee knew that there was a dangerous condition and chose to not take care of it in a reasonable time period.
Both of these conditions rely on the owner or an employee having the reasonable capacity to determine if the property was safe, meaning that they must possess a certain level of common sense. To determine if a property owner is liable, the court may ask:
- Had the dangerous area been there long enough that the property owner or an employee could have known about it in time to fix it before the slip and fall accident occurred?
- Is there a regular procedure in place in which the property owner checks for danger or damage on the premises? Does the owner have proof that such checks were done?
- Was there a legitimate reason for the obstruction or debris that was tripped over?
- Was there adequate warning of a dangerous situation?
- Could the debris or object have been moved or removed to create a safer situation?
- Was there poor lighting or inadequate signage around the area where the slip and fall accident occurred?
Compensation for Slip and Fall Cases
The compensation you receive for a slip and fall case depends mostly on proving the liability of the property owner, and proving the amount of damages you sustained as a victim. The more severe and/or permanent your injuries, the more likely it is that you’ll receive higher compensation. If the court finds that the property owner is not liable for your accident, you will receive no compensation.
How Slip and Fall Lawyers Can Help
When you hire an experienced slip and fall injury lawyer at Scher, Bassett & Hames, we can determine the exact cause of your slip and fall accident, who is liable, and the extent of your injuries. We will determine if there is a case worth pursuing in court, and if so, the best strategy to use when doing so. We will help you prepare for depositions, court appearances, interviews, and medical exams, all of which may be necessary to prove your case and substantiate damages. We will also give you the best chance of a settlement or a favorable outcome in court.
Why Choose Us?
When you choose Scher, Bassett & Hames as your slip and fall lawyers in San Jose, CA, you’re getting a highly experienced team of legal experts who know the California legal system. We will take care of filing a claim for damages, and we have decades of experience in handling slip and fall accidents, so we can give you the best chance of a successful outcome in court.
Call Scher, Bassett & Hames
After a slip and fall accident in San Jose, CA, contact us at Scher, Bassett & Hames for a free consultation. Our slip and fall attorneys have been providing legal counsel and representation to clients in the Bay Area since 1955, and we are well-equipped to handle all aspects of your slip and fall case. To set up a free consultation or to learn more about our slip and fall attorneys, call us or contact us online.