Your Rights When You Have Been Hurt on Someone Else’s Property
Slippery Floors or Sidewalks | Icy or Snowy Steps, Stairs or Walkways
Broken or Defective Flooring | Slips, Trips and Falls
Potholes or Cracked Pavement
In Pennsylvania and New Jersey, as in other states, owners of residential and commercial property have a duty to monitor and maintain the premises so as to minimize the risk of injury to anyone legally on the property. They are required to take reasonable steps to learn of any potentially dangerous situations, and to either make necessary repairs or provide adequate warning of any dangers, so that visitors can avoid injury. When you have been hurt on someone else’s property, you want an experienced and knowledgeable lawyer to assess your claim and protect your rights. We can help.
At the Law Offices of Adam M. Kotlar, we have protected the rights of personal injury victims in New Jersey and Pennsylvania for more than 17 years. Our lawyers have over 60 years of combined legal experience. We understand the importance of results, and will use our skill, knowledge, experience and resources to help you pursue full and fair compensation for all your losses. To learn about the representation we have provided other clients, see our testimonials page.
Premises Liability Claims in Pennsylvania and New Jersey
Slip and fall, or premises liability, claims are based on a legal theory of negligence. Under the theory of negligence, the owner of property has a duty to act as a reasonable person would, to take reasonable measures to minimize the likelihood of injury. To successfully recover compensation, an injured person must show:
- That the owner did not act reasonably
- That the failure to act reasonable “caused” an injury
- That, as a result of the injury, the victim has sustained a financially compensable loss
Premises liability claims may include a wide range of negligent acts, from failure to maintain common areas, such as sidewalks, ramps, decks, steps or stairways, to a failure to provide adequate lighting or adequate security. For example, if you are mugged in a dark corner of a building or piece of property, you may be able to seek damages based on a legal theory of premises liability.
In a premises liability claim, the owner of the property typically has two potential defenses:
- Absence of negligence — The owner may argue that their actions were reasonable. This may include attempts to repair known dangers, or the posting of warning signs. The owner may also argue that, in the exercise of reasonable care and diligence, they could not have known of the danger. For example, if there have been no prior incidences of food on the floor, or if the owner monitors the floor in a timely manner to look for potential dangers, there may be no liability.
- The injured person caused the accident — If the injured person failed to exercise reasonable care, their negligence may prevent them from obtaining a financial recovery. If, for example, the injured person saw the debris on the floor and ignored it, or failed to take other reasonable steps to prevent injury, he or she may be barred from seeking damages.
Contact Our Office Today
We have the experience and knowledge you want to help you get the outcome you need. Contact our office online or call us at Local # : (856) 751-7676 for a free initial consultation. We have office locations in New Jersey and Pennsylvania.