Slip & Falls

San Jose Slip & Fall Attorney

Helping Slip & Fall Accident Victims in California

Like any personal injury claim or lawsuit, slip & fall cases are founded on one principle: negligence. If someone else is responsible for your accident, you probably have a solid slip & fall claim. At Mitchell & Danoff Law Firm, we are committed to helping victims of avoidable accidents recover compensation for medical expenses, hospitalization, emergency room costs, emotional damages, and ongoing care.

Why Hire Mitchell & Danoff Law Firm

Our firm’s experience includes:

  • 30 Years of Legal Experience
  • AV Preeminent® Rating from Martindale-Hubbell®
  • Insurance Industry Experience
  • Included in Super Lawyers®

Our lawyers have extensive experience handling slip & fall accident claims and can help you with all of the legal details of your case. Regardless of the type or severity of your injury, we are here to help.

Call Mitchell & Danoff Law Firm today at (831) 219-2110 or contact us online to schedule a consultation with our slip & fall accident lawyer in San Jose.

Common Causes Of Slip & Fall Injuries

If you slipped (or tripped) and fell on someone else’s property, speak to a San Jose injury lawyer from Mitchell Law Firm today. Depending on the nature of your injury, you may not discover the effects of the accident for several weeks or months. Even a minor slip and fall accident can lead to a serious brain injury, such as a concussion. Let our firm investigate your case to make sure that you get the compensation that you need and deserve.

Common causes of slip & fall injuries include the following:

  • Oily, icy, slick, or wet surfaces
  • Tears in carpeting or mats in an entranceway
  • Materials left on the floor of a construction site
  • Cracked, broken, or crumbling sidewalks
  • Broken (or nonexistent) handrails in stairwells
  • Produce spilled onto a supermarket floor
  • Poor lighting on a walkway
  • Uneven pavement in a parking lot

What Damages Could Be Recovered in a Slip & Fall Accident Claim?

In the aftermath of such a serious accident, victims often face a myriad of challenges, from medical expenses to lost wages and even long-term rehabilitation. Damages that may be pursued in a slip & fall accident claim include:

  • Medical Expenses: Coverage for all medical costs related to the injuries in the accident, including hospital bills, surgery expenses, medication, rehabilitation, and ongoing medical care.
  • Lost Wages: Compensation for the income lost because of the inability to work during recovery, as well as potential future earnings if the injuries result in a long-term impact on employment.
  • Pain and Suffering: Damages for physical and emotional distress caused by the slip & fall accident, taking into account the extent of injuries, the duration of recovery, and the overall impact on the victim’s quality of life.
  • Property Damage: If personal belongings were damaged during the incident, we can work to recover the costs associated with the replacement or repair of those items.
  • Wrongful Death: In tragic cases where a slip & fall accident leads to the loss of a loved one, we can pursue a wrongful death claim to secure compensation for funeral costs, loss of companionship, and other associated damages.

Slip & Fall Infographic

Damages Can Be Recovered In A Slip & Fall Accident Claim Infographic

What is the Statute of Limitations for a Slip & Fall Accident Claim in California?

Timing is crucial in pursuing a slip & fall accident claim, as California imposes a statute of limitations that restricts the timeframe within which legal action can be taken. In the state of California, the statute of limitations for slip & fall cases is generally two years from the date of the incident. However, exceptions may apply based on the circumstances of the case.

It is imperative to consult with our San Jose slip & fall lawyer promptly after the accident to ensure that all necessary steps are taken within the stipulated timeframe. Failing to file a claim within the statute of limitations may lead to the loss of the right to seek compensation.

Contact Our San Jose Slip & Fall Lawyer Today

Property owners and insurance companies aggressively defend against slip and fall accident lawsuits. They may claim no fault in your accident or even claim the accident was your fault. As experienced injury lawyers, we know the strategies and tactics insurance companies try to use against accident victims. We are skilled at negotiating with insurance companies to obtain maximum compensation for the damages our clients have suffered.

Leveraging Expert Witnesses To Strengthen Your Slip And Fall Claim

Slip and fall accidents can lead to serious injuries and significant legal challenges, as our San Jose, CA slip and fall lawyer can tell you. When pursuing a slip and fall claim in California, expert witnesses can play a crucial role in bolstering your case. It is important that you understand how expert witnesses can help you in your pursuit of justice and compensation.

The Role Of Expert Witnesses

Expert witnesses are professionals with specialized knowledge or expertise in relevant fields. They can provide crucial insights and testimony to support your slip and fall claim. There are many ways in which expert witnesses can be instrumental in your case.

Establishing Negligence

To prove negligence on the part of the property owner, it’s often necessary to demonstrate that a dangerous condition existed on the premises. Expert witnesses, such as engineers or safety experts, can inspect the site of the accident and provide professional assessments to confirm the presence of hazardous conditions. Their testimony can help establish that the property owner knew or should have known about the danger but failed to address it.

Causation And Injury Assessment

Expert witnesses can also assist in linking the accident to your injuries. Medical professionals, including doctors and therapists, can provide expert opinions on the nature and extent of your injuries. They can connect your injuries to the slip and fall incident, which is crucial in establishing causation and determining the appropriate compensation.

Industry Standards And Best Practices

Property maintenance and safety standards can vary depending on the type of property and its intended use. Our San Jose slip and fall lawyer knows that expert witnesses familiar with industry-specific standards and best practices can testify to whether the property owner adhered to these guidelines. Their testimony can help demonstrate that the property owner’s negligence led to the hazardous condition that caused your accident.

Presentation Of Evidence

Expert witnesses are not only knowledgeable in their respective fields but also skilled communicators. They can effectively present complex technical information to a judge or jury in a clear and understandable manner. This is essential in making your case persuasive and credible.

Why Legal Representation Matters

While expert witnesses can provide invaluable support, navigating a slip and fall claim in California requires experienced legal representation. Our attorneys have a deep understanding of premises liability law and the importance of expert witnesses in building a strong case. Our team is here to support you and help you secure the compensation you need for your recovery.

10 Regulations For Preventing Slip And Falls

At Mitchell & Danoff Law Firm, Inc., we understand the importance of safety regulations in preventing slip and fall accidents and protecting individuals from harm. Here are essential safety regulations that property owners and managers should be aware of to maintain safe premises according to our San Jose, CA slip and fall lawyer:

  1. Floor Surfaces: Safety regulations mandate that floor surfaces must be maintained in a safe condition to prevent slip and fall accidents. This includes keeping floors clean, dry, and free of hazards such as spills, leaks, or debris. Additionally, floors should have adequate traction to prevent slipping, and slippery surfaces should be treated with non-slip coatings or mats. If something happens where a repair cannot be made immediately, proper signage must be posted to warn people about issues.
  2. Stairways And Handrails: Regulations require that stairways be constructed and maintained in a safe manner to prevent falls. This includes ensuring that stairs are uniform in height and width, free of tripping hazards, and well-lit. Handrails are also required on stairways to provide support and stability for individuals navigating stairs, especially in areas with a significant risk of falls.
  3. Lighting: Adequate lighting is essential for maintaining a safe environment and preventing slip and fall accidents, particularly in areas such as stairwells, hallways, entrances, and parking lots. Regulations specify minimum lighting levels and require regular inspection and maintenance of lighting fixtures to ensure proper illumination and visibility.
  4. Signage And Warnings: Safety regulations mandate the use of signage and warnings to alert individuals to potential hazards and prevent accidents. This includes posting signs to indicate wet floors, uneven surfaces, steps, or other dangers. Clear and conspicuous warnings help individuals navigate hazardous areas safely and avoid accidents. More than one sign is also a good idea to make sure everyone notices them.
  5. Accessibility: Accessibility regulations ensure that buildings and facilities are designed and constructed to accommodate individuals with disabilities and mobility limitations. This includes providing ramps, handrails, curb cuts, and other features to facilitate safe access for all individuals, regardless of their physical abilities.
  6. Maintenance And Inspections: Property owners and managers are required to conduct regular maintenance and inspections to identify and address potential hazards that could lead to slip and fall accidents. This includes repairing damaged flooring, fixing loose handrails, removing obstacles, and addressing any other unsafe conditions promptly. These must be documented in case an accident does occur to prove these were conducted regularly.
  7. Emergency Exits: Safety regulations mandate the proper maintenance and clear marking of emergency exits to facilitate safe evacuation in the event of an emergency. Exits should be free of obstructions, well-lit, and clearly marked with signage to ensure that individuals can exit the premises quickly and safely.
  8. Training And Education: Property owners and managers are responsible for providing training and education to employees and tenants on safety protocols and procedures to prevent slip and fall accidents. This includes instruction on proper cleaning techniques, spill cleanup procedures, and hazard identification.
  9. Record-Keeping: Regulations may require property owners to maintain records of maintenance activities, inspections, and accidents to demonstrate compliance with safety regulations and liability standards. Accurate record-keeping can help establish a history of diligence in maintaining safe premises and responding to hazards.
  10. Liability: Failure to comply with safety regulations can result in liability for slip and fall accidents. Property owners and managers may be held accountable for injuries sustained on their premises if they fail to adhere to applicable safety regulations and maintain safe conditions. Victims of slip and fall accidents may be entitled to compensation for their injuries and damages.

If you or a loved one has been injured in a slip and fall accident in San Jose, don’t hesitate to contact us at Mitchell & Danoff Law Firm, Inc. Our experienced San Jose slip and fall lawyer is here to provide guidance and legal representation to help you pursue the compensation you deserve. 

Contact Us Now

We understand the challenges you are facing, and we are committed to helping you achieve a successful outcome in your slip and fall claim. Call Mitchell & Danoff Law Firm, Inc today to take the first step toward justice and compensation. We can be your trusted legal advocates in strengthening your slip and fall claim with expert witnesses by your side. Speak with our San Jose slip and fall lawyer when you are ready to move forward with your claim.

San Jose Slip And Fall FAQs

Our experienced San Jose, CA slip and fall lawyer is here to answer any questions that you may have after a slip and fall accident. We know that this can be a confusing and frightening time for victims, but we are here to provide the assistance that you deserve. Tab Mitchell has been serving clients in California since 1984, and with his experience and knowledge on your side, you can rest assured that your recovery is in good hands. For more information on our services, contact Mitchell & Danoff Law Firm, Inc today.

How Is Negligence Determined In A Slip And Fall Accident?

Negligence in a slip and fall accident refers to a property owner’s failure to take reasonable precautions to maintain a safe environment. To establish negligence, it must be proven that the property owner knew or should have known about the hazardous condition that caused the accident and failed to address it in a timely manner. Factors such as inadequate maintenance, poor lighting, and lack of warning signs may indicate negligence.

What Injuries Are Common In Slip And Fall Accidents?

Slip and fall accidents can result in a wide range of injuries, from minor bruises and sprains to more serious fractures, head injuries, and spinal cord damage. Common injuries include broken bones, concussions, soft tissue damage, and back injuries. The severity of the injury often depends on factors such as the height of the fall, the surface landed on, and the individual’s age and health. No matter the severity of your injuries, our San Jose slip and fall attorney can help you pursue compensation for your losses.

Can I Pursue Compensation If I Was Partially Responsible For The Accident?

In some cases, you may still be able to pursue compensation even if you were partially at fault for the accident. California follows a comparative negligence system, which means that your compensation may be reduced based on your percentage of fault. However, as long as you were not entirely responsible for the accident, you may still be entitled to recover damages for your injuries and losses.

Can I Pursue A Claim If The Property Owner Claims That I Was Trespassing?

Even if you were trespassing at the time of the accident, property owners still owe a duty of care to visitors under certain circumstances. If the property owner’s negligence contributed to your injuries, you may still have grounds for a slip and fall claim. Consult with our California slip and fall lawyer to evaluate your legal options.

How Long Does It Take To Resolve A Slip And Fall Case?

The timeline for resolving a slip and fall claim can vary depending on factors such as the extent of your injuries, the complexity of the case, and negotiations with insurance companies or legal proceedings. While some cases may settle relatively quickly, others may require more time for investigation and litigation. Our dedicated slip and fall lawyer will work hard to deliver you compensation in a timely and effective manner

Contact Our Slip And Fall Lawyer Today

If you’ve been injured in a slip and fall accident in San Jose, don’t hesitate to contact our slip and fall lawyer for experienced legal representation. Our team of dedicated lawyers can help you understand your rights and pursue the compensation you deserve. Contact Mitchell & Danoff Law Firm, Inc today to schedule a consultation.

Contact Mitchell & Danoff Law Firm today to get started with our San Jose slip & fall attorney.

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Frequently Asked Questions

  • Should I hire a lawyer for my personal injury case?

    There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.

  • How long will my personal injury case take to resolve?

    This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.

  • What is the average settlement amount for a personal injury claim?

    The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.

  • Does California put damage caps on claims for personal injury cases?

    No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.