Practice Areas Overview
San Jose Accidents
The San Jose law office of Bostwick & Janoff represents individuals in the Silicon Valley area who have been harmed due to the negligence or wrongful misconduct of others. Our areas of expertise include:
Personal Injury
If you have suffered an injury due to another's intentional actions, negligence, or breach of duty of care, you may be eligible to recover for a variety of damages. For instance, in premises liability or slip and fall claims, property owners owe a general duty of care to anyone coming onto their property. Owners must warn against unsafe conditions or make them safe, and may be required to inspect for dangerous conditions. Failure to do so may make the property owner liable for any injuries sustained while on their property. The precise nature of premises liability depends upon several factors, including the relationship of the injured person to the property owner, and the activities or negligence of the owner which contributed to the accident.
For further information on types of negligence and personal injuries, please see our pages on automobile accidents and medical malpractice.
Wrongful Death
When a death results from the negligence of another party, the surviving family members may bring a lawsuit to compensate for their loss. For example, they may seek a wrongful death lawyer to sue to recover for funeral expenses or non-economic losses, such as support and companionship.
Injuries from Defective Products
Individuals injured by products which are defectively designed or manufactured can sue under products liability law. Defendants could include the manufacturer, distributor, or retailer. Failure to adequately warn of dangers associated with use of the product can also be the basis of a products liability lawsuit.
On the Job Injuries
Generally speaking, workers' compensation is the exclusive recourse for workers injured on the job and does not allow for private lawsuits against their employer unless the injury was caused by the employer's intentional or willful act. However, California's workers' compensation laws only preclude lawsuits against employers; suits against third parties are generally allowed. For example, an employee who is injured on the job when a defective ladder collapses would have a potential third-party claim against the manufacturer of the ladder.
Bad Faith Insurance and HMO Liability
It is an unfair practice for an insurance company to unlawfully or unreasonably withhold payment of insurance benefits, fail to investigate a claim properly, unduly delay processing a claim, or refuse to defend or settle a claim brought against an insured. When an insurance company acts deliberately in this manner, a claim of bad faith may arise.
Similarly, Health Maintenance Organizations (HMOs) can be liable for refusing to pay for necessary tests or treatment, when that refusal results in harm to the patient. This misconduct is considered a form of medical malpractice.
Consumer Rights
Bostwick & Janoff protects consumers whose rights have been violated in any number of schemes, including:
- Automotive fraud, warranties, and lemon laws
- Unfair business practices
- False advertising, deceptive/fixed pricing
- Credit card fraud/unauthorized transactions
- Harassment from debt collectors
- Predatory lending
- Credit reporting
Civil Rights, Employment Law, and Sexual Harassment
State and Federal laws protect individuals from discrimination based on their race, color, ethnicity, gender, age, religion, and other factors. Discrimination by government officials regarding benefits or programs is illegal, as is discrimination by private individuals or entities in areas such as public accommodations, transportation, and employment. Employment discrimination covers decisions in hiring, transfers, assignments, and promotions, and termination.
Sexual harassment is a type of employment discrimination. It is illegal to base job treatment on the return of sexual favors, including dating. It is also illegal to engage in unwelcome conduct of a sexual nature that is so severe and pervasive that it creates a hostile work environment for the employee. This behavior can include touching, sexual comments or jokes, and graffiti, and can be perpetrated by peers as well as supervisors.
Attorney Jeffrey D. Janoff is dedicated to fighting on behalf of accident injured or wronged individuals in the courts of San Jose and the Silicon Valley.
If you have been injured or victimized in any area of tort law, contact the San Jose accident lawyers of Bostwick & Janoff today for a free consultation regarding your legal options.
