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Proving Liability in a Slip and Fall Case

Published by Anthony on July 23, 2025
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  • Slip and Fall Accidents
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San Jose Slip and Fall Lawyer Hillstone Law

Slip and fall accidents in San Jose happen more often than most people realize and they can result in serious, life-altering injuries. Whether it’s a fall on a poorly maintained sidewalk, a slippery grocery store floor, or an unlit stairwell, the key question is always: Who is at fault? The answer depends on the circumstances, and that’s where the experienced legal team at Hillstone Law can help. Our San Jose slip and fall attorneys evaluate the facts of each case and determine the best legal path forward for your recovery.


Everyone Has a Duty to Act Reasonably

Under California law, everyone has a legal duty to act in a way that avoids harming others. This is called the “reasonableness standard.” For example, if you trip over a properly installed sewage drain, the law may not hold anyone else responsible. But if that drain was improperly installed by a city worker or by a contractor hired to do the job liability may fall on them or their employer.

Why? Because a reasonable person (especially one trained to install public utilities) should take proper steps to avoid creating a dangerous condition for pedestrians. It’s not reasonable to expect the average person walking down the street to anticipate a hidden hazard that shouldn’t be there in the first place.


Understanding the Reasonableness Standard

The law is intentionally flexible when it comes to assessing fault. Take this example:

If someone slips on fast-moving water at a theme park ride with clearly marked warning signs, they might be considered at fault. But if multiple guests had already slipped in the same area and no preventative action was taken especially in a dimly lit location the park could be held responsible for ignoring a known hazard.

This shifting standard is why it’s critical to evaluate all the facts and context of the accident. That’s where our legal team steps in.


When the Property Owner May Be at Fault

A landowner, tenant, or business could be legally liable for a slip and fall accident if:

  • They created the hazard. For example, a business mops the floor but fails to post warning signs.
  • They knew about the hazard and did nothing.
  • They should have known about the hazard through routine inspections and maintenance. For instance, if a spilled drink sat on a restaurant floor for over an hour and no one cleaned it up, the restaurant may still be liable even if no staff witnessed the spill.

Proving Negligence in a San Jose Slip and Fall Claim

To recover compensation, you must prove that:

  1. The property owner or responsible party was negligent in the use or maintenance of the property;
  2. Their negligence caused you to slip and fall; and
  3. Their negligence was a substantial factor in causing your injuries.

Insurance companies and courts require clear evidence. At Hillstone Law, we work to build strong cases that prove fault and maximize your compensation.


What You Should Do After a Slip and Fall in San Jose

If you’re injured in a fall, your actions immediately afterward can impact your claim. Here’s what we recommend:

  • Take photos of the accident scene and any visible hazards.
  • Get contact information from witnesses.
  • Seek medical attention right away.
  • Keep detailed records of your injuries, treatment, expenses, and missed work.

Talk to a San Jose Slip and Fall Lawyer Today

Slip and fall accidents can leave you with more than just physical pain they can lead to overwhelming medical costs, time away from work, and a long recovery process. At Hillstone Law, we’re committed to helping San Jose injury victims hold negligent property owners accountable.

📞 Call us today at (855) 691-1691 for a free consultation.
There are no upfront fees, and you don’t pay unless we win your case.

Note: These blog posts are created solely for the use of Hillstone Law. The information is gathered from internet research, various public sources, and artificial intelligence (AI) tools such as ChatGPT. While we aim to share helpful and educational content, we do not independently verify every detail, and some information may be outdated or subject to change. If you believe that any part of a post is inaccurate or subject to copyright, please contact Hillstone Law right away so we can review it and make any necessary corrections or remove the post. You may also submit a request for correction or takedown HERE.

Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public. The photos used in these posts are for illustrative purposes only and are not representative of any actual incident or individuals. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.

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