Premises Liability

Compensation for Injuries on Private Property

Brain injuries and spinal cord injuries can result from a fall on poorly-maintained, private property or a storefront.  For people over the age of 65, falls are the second leading cause of spinal cord and brain injuries.  Among all older adults, falls account for 87% of all fractures.

If you have suffered a fall or have been injured while on someone else’s property, then you may have a claim. Whether the injury occurs at a business or a house, the property owner is responsible for the safety of their guests.

However, you must prove that your injury was the result of the property owner’s carelessness or negligence.  The law states that the property owner or the person leasing the property must use reasonable care to ensure your safety.  This includes discovering any unsafe circumstances and repairing dangerous conditions. It is also an owner’s responsibility to provide adequate warning for any dangers that may injure someone.

With this in mind, proving the negligence of the property owner requires the experience of The Boccardo Law Firm on your side.  Protect your legal rights and contact The Boccardo Law Firm for a free case evaluation.

Know Your Legal Rights

To prove a claim for your injury on private property, there are 4 legal factors to meet.

  1. Establish ownership or control of the property.
  2. Prove the defendant is negligent in maintaining the property.
  3. Demonstrate that you are injured.
  4. Show that the defendants negligence is a substantial factor in causing your injury.

Regardless of whether an individual or company owns or leases a property, the control of that property occurs at the time they use it as if it were their own.  At that point, the responsible party must operate and maintain the property in a “reasonably safe” condition.  As a result, a wide variety of accidents fall under this area of the law, including:

  • Elevator and Escalator Accidents
  • Inadequate Maintenance of the Premises
  • Parking Lot Accidents
  • Injury or Assault Due to Inadequate Building Security
  • Sexual Assault Cases
  • Dog Bites & Animal attacks
  • Swimming Pool Accidents
  • Trips and Fall Accident
  • Slip and Fall Accident (The number one cause of accidents in hotels, restaurants and public buildings.)
  • Toxic Exposure

Holding Landlords and Business Owners Accountable

Due to the complexities of the law, private property owners have numerous ways to skirt their responsibilities.

For instance, landlords have an obligation to conduct periodic inspections of their rental property.  In addition, they must take reasonable precautions to prevent injury due to any unsafe condition. However, they do not always carry these inspections out.  In that case, you may have a claim for financial compensation if the negligence of a landlord leads to your injury.

As for businesses, storeowners are held to high standards to ensure visitor safety.  Thus, a storeowner is expected to regularly inspect their premises and to make it safe or warn of the dangers.  Therefore, if you are or loved one are suffering from an injury at a place of business, call us for a free evaluation of your case.

Holding private property owners accountable for your injury requires the skill and knowledgeable attorneys at The Boccardo Law Firm.

Call The Boccardo Law Firm for a Free Case Evaluation

The San Jose, California injury accident attorneys at The Boccardo Law Firm are available to help you. Our firm has over 80 years of experience obtaining fair compensation for accident victims.  Preserve your legal rights.  Call us now at 408-298-5678 for a free consultation.