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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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California amusement park injury attorneyFor many, visiting a theme park or fair is one of the most exciting parts of summer. While the vast majority of rollercoasters, haunted houses, and other attractions are safe for the public to enjoy, sometimes lapses in safety precautions lead to horrific accidents. While we sometimes hear about catastrophic injuries and deaths due to ride malfunctions on the news, these are not the most common amusement park accidents. More often, unchecked environmental hazards or inadequate security are to blame for a guest’s injury or death. When a park or park staff’s negligence causes the death or injury to a visitor, the park may be held liable for damages through an injury lawsuit.

Parks That Skimp on Maintenance Can Cause Deadly Accidents

Many Californians vividly remember the terrible accident which occurred at Disneyland in September of 2003. The derailment of the rollercoaster “Big Thunder Mountain Railroad” lead to the death of one 22-year-old man and the injury of ten other park guests. Investigators eventually determined that inadequate maintenance was the cause of the fatal derailment.

More recently—just a few days ago, in fact—a log ride malfunctioned at Castle Park Amusement Park in Riverside, California. One of the ride’s boats overturned, leaving one guest in critical condition and two others with moderate injuries. Park officials claim that the accident was caused by a problem with the ride’s water pump, but investigations are still underway.

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San Jose premises liability lawyerInjuries—they can happen anywhere. Sometimes, they are simply accidents with no real traceable cause. But, defective staircases and sidewalks, falling objects, wet or sticky floors, a lack of security, or improper restraint of an animal are, most often, a case of premises liability.

What you do in the days, weeks, and even months after such an incident can determine whether you receive fair compensation for your any injuries you may have sustained. The following steps will guide you, regardless of whether the incident occurred at another person’s home, a government establishment, public place, or business.

#1 –  File a Report

If you are personally injured while on a homeowner’s property, you should notify the owner of the property that the incident occurred. Similarly, if you were injured while at a store, government establishment, or place of business, you should speak with the manager or a member of security and request an incident report. Fill it out, to the best of your abilities, and always request a copy before leaving the premises. This is an important, but often forgotten, piece of evidence by many people injured in premises liability cases.

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San Jose premises liability accidentIn a few short months, the winter holidays will be upon us again. At this point, only the best planners have started their holiday shopping, but soon they will be joined by millions across the country looking for great deals on the best gifts. With the increase in shoppers will come the inevitable increased risk of shopping accidents and injuries. Wet floors, exposed trip hazards, and falling merchandise can all lead to serious injuries to unsuspecting customers. While premises liability laws in California require property owners and occupants to ensure their property is safe for others to enter, there are a few things you should know about how such laws work.

Most Common Retail Customer Injuries

Black Friday stampedes and fights over the season’s hottest toys may make headlines, but other types are much more common in most stores and shopping centers. Slip and fall accidents due to wet or poorly maintained floors are statistically the most likely to occur. Shoppers can also trip over exposed edges of carpet, cords, displays, or other items. Falls may result in sprains, strains, back injuries, and broken bones, leading to long-term medical care and hefty bills.

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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, #1200
San Jose, CA 95113
Phone
408-293-7777
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