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Santa Clara County personal injury attorney premises liability

Due to the perennially warm climate, residential and commercial properties in California may require regular fumigation to help protect the health of both the buildings and their residents from infestations. Among the nastier types of insects, Californians may have to contend with are bed bugs, cockroaches, and termites. A report released by Orkin Pest Control ranking the top 50 cities most at risk for termite damage in the United States placed three major California cities within the top 15: San Diego in 11th place, San Francisco at 9th, and Los Angeles as the 2nd most at risk for termite damage in the entire country.

Due to the high risk of infestation, especially along coastal cities including San Jose, CA properties may require pest control operations—including fumigation—from time to time in order to ensure the structural integrity of buildings and the health of their residents. Although the process of fumigation is often considered low risk for humans when proper precautions are taken, the recent death of a Whittier resident as reported by The Mercury News highlights the fact that pest control operations are not without risk. “Pest exterminators were not actively working at the house at the time, but it was still filled with toxic chemicals,” the news agency reported.

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San Jose premises liability lawyersFor many people, there is little else they would rather do on a nice day than go golfing. While we do not typically think of golf as a sport that is likely to cause a player injury, serious golf resort injuries do occur. In some cases, the injury is simply caused by bad luck. In other cases, the injury is a direct result of the golf resort’s failure to maintain a safe premises. If you or a loved one have suffered a major injury at a golf course, you may wonder whether or not you will be entitled to compensation. Determining fault for a golf-related injury is often a tricky process, so getting help from an experienced personal injury attorney is crucial.

Premises Liability Injuries on a Golf Course

Golf is not a high impact sport, however, there are still many ways that someone playing golf can be seriously injured. Sometimes, the injury is the result of the player’s own actions. For example, if a golfer is driving a golf cart in a wildly erratic manner and crashes the vehicle, it is unlikely that the golf resort would be held liable for the golfer’s injuries. However, a golf resort may be liable for injuries caused by an unreasonably dangerous condition on the property.

Examples of injuries that may occur on a golf course include but are not limited to:

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San Jose personal injury attorneysAn unexpected accident such as slip and fall can happen to anyone at any time. Every year, millions of individuals are injured in accidents on both public and private properties. Some of these injuries are caused by defective conditions on the property itself. Buildings that are not in compliance with state and local building codes can present an unreasonable risk to guests to that property. If you or a loved one were injured in an accident involving building code violations, you may be entitled to compensation.

Understanding the Importance of Building Codes

“Building codes” refers to the standards that regulate building design and construction. Building codes require materials, building practices, and structures to meet certain standards for reliability and safety. Common building code violations include:

  • Structural defects
  • Broken or unstable stairways or guardrails
  • Leaky gas fittings
  • Improper electrical wiring
  • Inadequate signage

Both residential properties and commercial properties must be built according to code. As a building ages, the property owner is required to maintain the property in such a way that it does not represent an unreasonable risk of injury to guests. If a building does contain an unreasonably dangerous hazard and a person is hurt by the dangerous condition, the building owner or building manager may be legally responsible.

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Santa Clara County personal injury attorneyIf you are a parent, you probably already know how difficult it can be to leave your child in the care of others. Working parents across the nation trust daycare, before and after school program, and other child care workers to take care of their precious loved ones. They trust that the staff at the child care facility will keep a sanitary and hazard-free environment and that their child will return from the facility without injury. Unfortunately, this not always the case. If your child was injured by a negligent child care facility, you may be able to recover compensation for your damages.

Daycare Injuries and Illnesses Should Be Assessed by a Medical Professional

If your child was injured or contracted an illness at daycare, it is crucial that you have their injuries checked out by a doctor or other qualified medical professional. If the injury is due to a negligent facility or staff member, you may consider seeking compensation for the damages at a later date. Evidence in the form of an official medical record is almost always necessary to bring a successful personal injury claim and child care injuries and illnesses are no exception. Some injuries and illnesses can seem minor at first, but then develop into more serious conditions. Getting your loved one checked out by a professional not only secures your ability to seek compensation in the future, it may also prevent the child’s condition from worsening.

When Is a Daycare Injury or Illness Caused by Negligence?

Of course, not every injury or illness sustained at a childcare facility is the fault of the facility or staff. Sometimes accidents just happen. According to the law, childcare workers have a “duty of care” to children. This means that they must take reasonably competent steps to prevent children from being hurt. Many childcare facilities and programs have certain adult-to-child ratios which they claim to maintain. If a child was injured because there were too many children being supervised by one adult, or there was no supervision, the facility would likely be considered negligent.

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Santa Clara County premises liability attorneySometimes injury-causing accidents happen simply because of bad luck. However, if you were injured on another party’s property because that property was not safe or because the property owner/manager was negligent, you may have a valid premises liability case. Many premises liability claims stem from slip and fall accidents, broken staircases, falling objects, negligent security, and unsafe conditions caused by building code violations, however, these are not the only types of situations which can necessitate an injury claim. If you have been injured on property belonging to someone else and you want to pursue compensation, make sure to take the following steps.

File an Incident Report When Possible

Premises liability cases can result from an injury at a residence, government establishment, business, public place, or other property. The type of property on which you were injured will determine the steps you should take to maximize your chances of obtaining reimbursement. If you were hurt at a retail store or other business, speak with a manager and ask to fill out an incident report. Make sure to also get a copy of the report for your own records. If you were injured on a residential property, notify the property owner of your injury as soon as possible.

Get Medical Attention Right Away

It can be nearly impossible to bring a successful injury claim without medical documents which prove the extent of your injuries. Even if you believe that your injuries do not require emergency medical attention, go to the hospital or a doctor’s office immediately after an injury-causing accident. Many times, people do not realize how injured they actually are after an accident because of the pain-reducing effects of the “fight or flight” hormone adrenaline.

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.

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John J. Garvey, III
10 Almaden Blvd, #1220
San Jose, CA 95113
Phone
408-293-7777
Fax
408-294-5890

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