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, Inc, 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, Inc

Our firm’s experience and awards include:

• 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 San Jose, CA slip & fall accident lawyer.

Common Causes Of Slip & Fall Injuries

If you slipped (or tripped) and fell on someone else’s property, speak to our San Jose injury lawyer 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

Recoverable Damages 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

 Statute of Limitations for a Slip & Fall Accident Claim in California

Timing is critical 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 your accident so 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 Attorney 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. When pursuing a slip and fall claim in California, expert witnesses can play an influential role in bolstering your case. It is important that you understand how testimony from specialists 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 helpful insights and testimony to support your slip and fall claim. There are many ways in which expert witnesses can be instrumental in your case. Leveraging these professionals is one of the many tactics our attorneys use to win personal injury cases in court.

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 vital 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. 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 complicated 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, pursuing a civil case in California requires experienced legal representation. Our attorneys have a deep understanding of premises liability law and know 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:

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.

Stairways And Handrails

Regulations require that stairways be constructed and maintained in a safe manner to prevent falls. This includes confirming 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.

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.

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.

Accessibility

Accessibility regulations require 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.

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.

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 so that individuals can exit the premises quickly and safely.

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.

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.

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 our personal injury team. Our experienced San Jose injury lawyer is here to provide guidance and legal representation to help you pursue fair compensation.

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 under personal injury laws. We can be your trusted legal advocates in strengthening your slip and fall claim. Speak with our San Jose slip and fall lawyers when you are ready to move forward with your claim.

San Jose Slip And Fall Infographic

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 fall. 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 our office 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 lawyers 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 personal injury cases may settle relatively quickly, others may require more time for investigation and litigation. Our dedicated personal injury lawyer will work hard to deliver you compensation in a timely and effective manner.

Filing A Claim After A Slip And Fall At A Friend’s House

Our San Jose, CA slip and fall lawyer knows that accidents can happen anywhere, including at the home of a friend or family member. If you slip and fall at a friend’s house and are injured, the situation can be uncomfortable to address, but it’s important to take steps to protect your rights and cover any resulting expenses. Property owners have a legal duty to maintain a reasonably safe environment, even at parties and home events. If unsafe conditions caused your injury, you may be entitled to compensation. Attorney Jesse Danoff is known as the “get it done” guy and will pursue fair compensation for you. We help guide individuals through the process of filing a claim in these situations, allowing you to focus on your recovery.

Determining Responsibility For Your Injury

In a slip-and-fall case, the primary question is whether the property owner is responsible for the conditions that led to your injury. This can involve assessing whether they knew about a hazard, such as a wet floor, loose carpeting, or icy walkway, and whether they took appropriate steps to fix it. If it’s found that the property owner was aware of a dangerous condition—or should have been aware—and did not take action to address it, they may be considered liable for your injuries.

There are cases, however, where an owner might not be liable, such as if they were unaware of a sudden hazard or if the injury resulted from actions that fall outside of their control. That’s why documenting the scene and consulting with legal support is essential to accurately determine liability.

Documenting The Accident And Your Injuries

One of the most important steps after a slip-and-fall injury is to document everything as thoroughly as possible. Taking photos of the scene, noting any hazardous conditions, and gathering witness statements can help establish how the accident happened. Detailed documentation of your injuries is also key, as these records can later serve as evidence for your claim. Medical reports that outline the extent and nature of your injuries, along with photographs of visible injuries, can help support your case if there are any disputes over the severity of the accident.

If possible, inform your friend about the incident immediately after it occurs, and request that they make a written record of the event as well. Having a neutral account of what happened can help resolve any conflicts later on and provide additional information for your claim.

Filing A Homeowner’s Insurance Claim

In most cases, homeowner’s insurance policies cover accidents that happen on the property, including slip-and-fall injuries. This means that rather than directly impacting your friend financially, any compensation for your injuries will likely come from their insurance provider. Filing a claim through insurance can help cover medical expenses, lost wages, and other costs resulting from the accident.

To begin, you’ll typically need to provide the insurance company with evidence of the accident, including medical records, documentation of the scene, and an official report of the incident if one was made. It’s also important to be consistent and accurate in all communication with the insurance provider to avoid any misunderstandings that could delay your claim. Having legal support in this process can help make sure all necessary steps are followed correctly and increase the likelihood of a favorable outcome.

Reach Out To Discuss Your Slip And Fall Claim

If you’ve been injured in a slip and fall at a friend’s home, don’t hesitate to reach out for guidance. We’re here to help you understand your options and assist you in filing a claim to cover your injury-related expenses. Attorney Tab Mitchell has devoted his whole legal career to personal injury cases and has won settlements totaling hundreds of millions of dollars. Contact our slip and fall attorney today for a consultation and let us help you pursue the compensation you need to recover fully and move forward.

Help When You Were Partially Responsible For Your Fall

In California, slip and fall accidents can happen at any time, and they often lead to serious injuries. But what if you were partially at fault for the accident? Many people believe that if they have any responsibility for their injuries, they can’t file a claim. This is not true. California follows a comparative fault system, meaning you can still pursue compensation even if you share some responsibility. We have recovered over $500 million for our clients and would like to help you. At Mitchell & Danoff Law Firm, Inc, we are here to help you understand how partial responsibility affects your slip and fall claim and what steps you should take to protect your rights.

California’s Comparative Fault Rule

California uses a comparative fault rule, which means that if you are partially responsible for the accident, your compensation can be reduced in proportion to your share of the fault. For example, if the court determines you were 20% responsible for the fall and the total damages are $100,000, you would receive 80% of the total, or $80,000. The more fault you are assigned, the lower your settlement will be. This system allows injured parties to still seek compensation even when they are not entirely blameless. It’s important to understand that being partially responsible doesn’t automatically bar you from a claim.

Proving Liability in a Shared Fault Slip and Fall

Even if you were partially responsible for the slip and fall, the property owner may still bear significant responsibility. Under California premises liability laws, property owners have a duty to maintain safe conditions for visitors. If your fall was caused by an unsafe condition, like a wet floor, broken sidewalk, or inadequate lighting, the property owner may still be liable for your injury. To prove liability, we’ll need to show that the property owner’s negligence contributed to the accident.

Impact of Shared Responsibility on Your Claim

While partial fault will reduce your compensation, it doesn’t mean you won’t receive any damages at all. The key is to prove the extent of the property owner’s negligence and demonstrate how their actions (or lack of action) were a major cause of your accident. In some cases, if the property owner is found to be mostly responsible for your injury, even a small amount of fault on your part won’t affect your ability to recover substantial compensation. The goal is to have a clear picture of how the accident occurred and how much responsibility the property owner should bear.

How to Handle Insurance Companies When You’re Partially Responsible

Insurance companies may try to take advantage of your partial responsibility to offer you a low settlement or deny your claim entirely. They may argue that you contributed to the accident and use this as an excuse to pay out less. However, it’s important not to accept the first offer. Insurance companies often undervalue claims, especially when they believe the injured party shares some fault. Having our skilled attorney on your side can help protect you from being shortchanged.

Why You Should Contact an Attorney

If you were partially responsible for a slip and fall accident but believe the property owner also played a role, it’s important to contact our attorney. We can help determine the amount of responsibility that should fall on the property owner, gather the necessary evidence, and work with insurance companies so that you receive the compensation you deserve.

Find Help When You Need It

If you’ve been injured in a slip and fall accident in California and were partially responsible, don’t hesitate to contact us. We can help you understand your rights and work to secure the compensation you deserve. We have over 40 years of experience helping clients recover damages. Reach out to our personal injury attorney for a free consultation.

Help When Your Slip And Fall Happened Due To Poor Lighting

Slip and fall accidents caused by poor lighting are more common than many realize. Insufficient lighting can obscure hazards, making it difficult to spot uneven surfaces, wet floors, or other dangerous conditions. You may wonder why you need a lawyer for your case. If you’ve been injured in a fall due to inadequate lighting, you may be entitled to compensation. We’re here to address your concerns. We have over 40 years of experience and are ready to help you.

Evidence Proving Poor Lighting Caused Your Fall

To establish that poor lighting contributed to your slip and fall, you’ll need clear evidence. Photographs of the area showing dim or nonfunctional lighting are critical. Witness statements from people who were present can also help. Additionally, maintenance records or incident reports indicating prior complaints about the lighting conditions can support your claim.

Responsibility For Maintaining Safe Lighting Conditions

Property owners or those in control of a property, such as landlords or business operators, are generally responsible for maintaining safe lighting conditions. This includes making sure that walkways, stairwells, and other common areas are adequately lit. If they fail to address lighting issues that they knew or should have known about, they may be held liable for resulting injuries.

Proving The Property Owner Knew About The Poor Lighting

You can demonstrate that the property owner was aware of the lighting issue by gathering evidence such as maintenance logs, emails, or other communication showing complaints or repair requests. If the lighting issue was long-standing, its obviousness might also support the argument that the owner should have been aware of the hazard.

Eligible Damages After A Slip And Fall Caused By Poor Lighting

You may be eligible to recover compensation for a range of damages, including medical bills, lost wages, pain and suffering, and any long-term effects of your injury. Documentation, such as medical records, pay stubs, and evidence of how the injury has impacted your daily life, will help establish the value of your claim.

Time Limit For Filing A Claim

Slip and fall claims are subject to a statute of limitations, which varies by state. It’s important to act quickly to preserve evidence and meet legal deadlines. Contacting our attorney soon after the accident allows time to investigate your case and file the necessary paperwork within the required timeframe.

Seek Trusted Help

When poor lighting causes a slip and fall, it’s essential to take action to protect your rights and seek the compensation you deserve. At Mitchell & Danoff Law Firm, Inc, we can guide you through the process of building a strong case. It can be helpful to get tips for dealing with insurance companies after your slip and fall. We helped one client win $150,000 for their slip and fall claim. If you’ve been injured in a fall due to inadequate lighting, contact our San Jose slip and fall lawyers today to discuss your situation and learn how we can help.

San Jose Slip And Fall Glossary

At Mitchell & Danoff Law Firm, Inc, we help injured individuals across San Jose, CA after slip and fall accidents. Property-related incidents can result in serious harm, and the legal process can involve a range of terms that aren’t always familiar. We’ve compiled key terms commonly used in these cases to help you better understand how we approach each claim and advocate for our clients.

Hazardous Property Conditions

Hazardous property conditions refer to any unsafe feature or maintenance failure that contributes to an accident. These might include spilled liquids, loose rugs, cracked sidewalks, poor lighting, or missing handrails. Identifying these conditions is a crucial part of any slip and fall claim. During our investigation, we collect visual evidence and witness accounts to establish that the dangerous condition was present and contributed to the fall. Documenting how long the hazard existed before the incident also helps support your case.

Site Inspection Report

A site inspection report is a written evaluation created after examining the location where the fall occurred. These reports are often compiled by property managers, third-party inspectors, or our team when reviewing case details. The report may contain descriptions of the physical area, lighting, flooring materials, and any visible obstructions. We often use these reports alongside photographs and maintenance logs to assess whether safety standards were met and if any known risks were ignored prior to the incident.

Comparative Fault

Comparative fault applies when both the injured party and the property owner may have played a role in the accident. In California, this legal rule allows someone to recover compensation even if they are partially at fault, though the total amount is reduced by their share of responsibility. For instance, if a person is found 30% responsible for a fall and the total value of the case is $100,000, they would still recover $70,000. When building a claim, we work to minimize our client’s share of fault and highlight how the property owner failed to address known hazards.

Injury Causation

Injury causation refers to the connection between the conditions at the accident site and the injuries sustained. It’s not enough to show that a dangerous condition existed—the case must show that the condition caused the injury. To establish this, we rely on a combination of medical evaluations, treatment records, and accident descriptions. For example, if someone fractures a hip after slipping on a wet floor, their doctor’s diagnosis and fall timeline are used to directly link the injury to the unsafe surface.

Property Maintenance Records

Property maintenance records provide insight into how a location is managed. These documents include cleaning schedules, repair requests, inspection logs, and incident reports. They may help show whether the property owner was addressing issues on a regular basis or ignoring known hazards. In slip and fall cases, we often request these records to check for any delays in addressing dangerous areas or recurring complaints. The presence—or absence—of this documentation can play a large role in determining whether the property owner acted responsibly.

Mitchell & Danoff Law Firm, Inc, San Jose Slip & Fall Attorney

1650 Zanker Rd #237, San Jose, CA 95112

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