San Jose Premises Liability Attorney

Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents premises liability victims throughout San Jose and Santa Clara County. A premises liability claim arises when a person is injured on property owned or controlled by another, and the injury results from that owner's failure to maintain the property in a reasonably safe condition. The claim applies broadly — commercial properties, apartment complexes, retail stores, restaurants, parking garages, public sidewalks, and private residences can all give rise to premises liability exposure when a hazardous condition injures a lawful visitor.

The Legal Framework

Civil Code § 1714(a) imposes a duty of ordinary care on every person in the management of their property. California applies a single standard of reasonable care to all lawful entrants on land, eliminating the traditional distinction between invitees and licensees for most purposes. See Rowland v. Christian (1968) 69 Cal.2d 108. Whether an owner exercised reasonable care depends on the totality of the circumstances — the nature of the hazard, the foreseeability of harm, the owner's ability to detect and correct the condition, and the burden of doing so.

A trespasser is not owed the same duty as a lawful entrant, but even trespassers are owed a duty not to be injured by willful or wanton conduct. Children who trespass may be protected by the attractive nuisance doctrine if the dangerous condition is one that a child could foreseeably be attracted to — an unfenced swimming pool is the classic example.

Notice

To establish premises liability for a hazardous condition, the plaintiff must show that the owner had actual or constructive notice of the condition. Actual notice means the owner knew of the specific hazard. Constructive notice means the condition existed long enough that a reasonable owner, exercising due diligence in inspecting and maintaining the property, would have discovered and corrected it.

Evidence bearing on notice includes maintenance logs, inspection records, prior incident reports, employee training records, and surveillance footage. This evidence must be preserved promptly — many businesses and public entities have retention policies that result in records being destroyed within weeks or months of an incident.

Common Premises Liability Scenarios in San Jose

Premises liability cases in San Jose arise in a wide range of settings. Retail and grocery stores along Eastridge, Westfield Valley Fair, and Oakridge have a duty to inspect floors and clean up spills within a reasonable time. Apartment complexes throughout the city must maintain common areas, stairwells, and parking facilities in safe condition. Tech campuses and commercial office parks that are open to vendors, contractors, and visitors must address hazards in their facilities. Restaurants and bars in downtown San Jose and the South First Area must maintain their premises and address foreseeable dangers to patrons.

Landlord Liability

A residential or commercial landlord who retains control over common areas — hallways, parking lots, stairwells, laundry facilities — owes tenants and their guests a duty of reasonable care to maintain those areas in a safe condition. A landlord who is aware of a defective condition and fails to repair it within a reasonable time may be liable for injuries that result. Civil Code § 1714(a) applies to landlords in the same way it applies to any other property owner.

Claims Against Government Entities

Injuries on public property — sidewalks, parks, government buildings, transit facilities — may give rise to a claim against the City of San Jose, Santa Clara County, or another public entity under Government Code § 835. That statute imposes liability for a dangerous condition of public property when the public entity had actual or constructive notice in time to protect against it. Government Code § 911.2 requires a claim to be filed with the public entity within six months of the incident. Missing this deadline can potentially bar a lawsuit against a government defendant. Tolling doctrines may apply — contact Attorney Michael Rehm to assess the timeline in your case.

Damages

Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's wrong, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Recoverable damages include past and future medical expenses, lost earnings, pain and suffering, emotional distress, and loss of enjoyment of life.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Premises liability cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Attorney Michael Rehm handles premises liability cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.