Premises Liability Lawyer in San Jose
If you were injured on unsafe property in San Jose, you may have a legal right to compensation.
Premises liability cases often involve unsafe property conditions that were ignored.
California premises liability law generally requires property owners and occupiers to inspect for hazards and to repair dangerous conditions.
When they fail to do so, they may be held liable for injuries that result.
Our firm represents injured people in San Jose, throughout Santa Clara County, and nearby communities including Campbell, Cupertino, Gilroy, and Los Altos.
Prompt legal guidance can strengthen your case before conditions change or evidence disappears.
Premises Liability Basics for Injured Visitors
Premises liability law explains when a property owner, business, landlord, HOA, or property manager can be held responsible for injuries caused by poorly maintained premises.
Understanding these basics can help you make informed decisions after an accident.
The short video below provides a clear explanation to premises liability claims, including why insurers dispute these cases and how claims are proven.
Watching it can help you understand how these claims work.
Premises Liability Claims in San Jose
Premises liability is the area of California law that may hold property owners and occupiers responsible when someone is injured because a property was not kept safe for lawful visitors. These cases often involve preventable hazards.
Premises liability claims can arise on mixed-use properties and may involve businesses, landlords, homeowners, HOAs, management companies, or maintenance contractors. Our office represents injured clients in San Jose, across Santa Clara County, and nearby areas including Campbell, Cupertino, Gilroy, and Los Altos.
Where Premises Liability Injuries Happen
Premises liability injuries occur in many everyday places where people have a right to expect reasonable maintenance. Common locations include:
- Grocery stores, retail stores, and shopping centers
- Dining and nightlife locations
- Rental properties and residential complexes
- Hotels, motels, resorts, and short-term rentals
- Office buildings, commercial plazas, and parking structures
- Sidewalks, walkways, stairs, ramps, and entryways
Examples of Property Hazards
Many premises liability cases center on a unsafe condition that should have been clearly warned about. Examples include:
- Spills or slick surfaces without adequate warnings
- Damaged walkways and uneven surfaces
- Defective stairs, missing handrails, or unstable railings
- Inadequate illumination creating fall or security risks
- Trip hazards from flooring defects
- Store display hazards causing impact injuries
- Inadequate security measures leading to assaults
How Liability Is Determined in California
To recover compensation, it is generally necessary to show that a property owner or occupier owed a duty of care and that a dangerous condition existed. A central issue is often whether the owner failed to discover the hazard through reasonable inspections and did not take reasonable steps to correct it or warn visitors.
Helpful evidence may include witness statements and maintenance records, along with medical records that document injuries. Because hazards can be altered before evidence is preserved, acting promptly can make a major difference.
Common Injuries in Premises Liability Accidents
Premises liability accidents can cause injuries ranging from painful soft-tissue strains. Common injuries include:
- Fractures to wrists, ankles, hips, and arms
- Back and neck injuries
- Traumatic brain injury (TBI) and concussions
- Ligament tears and joint damage
- Long-term pain conditions after a fall
What to Do After a Property Injury in San Jose
What you do after an injury can affect both your health and your claim. If you can do so safely, consider taking these steps:
- Report the incident and request documentation
- Document the scene before it changes
- Get witness details if anyone saw the hazard or incident
- Request preservation of surveillance footage
- Get evaluated by a medical professional
- Avoid recorded statements to insurers
How Insurance Companies Dispute Premises Liability Claims
Insurance companies often try to deny or reduce premises liability claims by arguing the hazard was easy to see, that warnings were adequate, or that you were not paying attention. They may also attempt to shift fault using California’s shared responsibility rules. We focus on evidence that shows why reasonable safety steps were not taken.
Compensation Available in Premises Liability Claims
Depending on the facts and severity of injuries, a premises liability claim may include compensation for lost wages and reduced earning capacity. In more serious cases, damages may also include permanent disability.
Premises Liability Questions & Answers in San Jose
How does premises liability law work in California?
Premises liability is the area of California law that holds property owners responsible for unsafe conditions. If an owner fails to warn visitors about known dangers, they may be legally responsible for resulting injuries.
What if there were no witnesses to my injury?
Yes. A lack of witnesses does not prevent a valid claim. These cases are commonly supported by medical documentation and circumstantial evidence.
What if the property owner claims they didn’t know about the hazard?
A property owner may still be responsible if the condition existed long enough that it could have been identified with proper maintenance. California law looks at whether the owner failed to conduct reasonable inspections.
What if I share some responsibility for the accident?
California follows a shared fault framework. This means you may still recover compensation even if you were found to share some fault, although your recovery may be reduced proportionally.
How long do I have to file a premises liability claim?
Deadlines depend on who owns the property. Because evidence can disappear quickly, it is best to seek legal guidance promptly.
Do you handle premises liability cases outside of San Jose?
Yes. Our firm represents injured individuals throughout San Jose, across Santa Clara County, and in nearby communities including Campbell, Cupertino, Gilroy, and Los Altos.
Why Choose The Law Office of Norman Gregory Fernandez
The Law Office of Norman Gregory Fernandez represents injured individuals in San Jose and throughout Santa Clara County. We focus on holding negligent property owners accountable and preparing every case with the seriousness it deserves. There are no cost unless we win.
Speak With a San Jose Premises Liability Lawyer Today
If you were injured on unsafe property in San Jose or anywhere in Santa Clara County, do not wait to get help. Evidence can disappear quickly, and property conditions can look completely different shortly after an incident. Early legal action can help protect your rights and strengthen your claim.
The Law Office of Norman Gregory Fernandez offers a free claim evaluation and represents clients throughout San Jose and nearby communities including Campbell, Cupertino, Gilroy, and Los Altos. There are no attorney fees unless we win.
Call today to discuss your options and get clear guidance on next steps.
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About Attorney Norman Gregory Fernandez
- California personal injury lawyer and trial attorney
- Military veteran and advocate for injured victims
- Nearly 30 years of experience representing clients statewide
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Major California Premises Liability Lawyer Cities
Below are our primary California premises liability lawyer pages for the largest cities in the state. Each page explains how premises liability law applies locally and how our firm can help injured victims.
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California Premises Liability Lawyers – Statewide Information






