Serving slip and fall injury clients in Trenton, Princeton, Hamilton, Bensalem, Philadelphia, and across Mercer County, Bucks County, and Philadelphia County
A common premises liability case in Pennsylvania and New Jersey is a slip, trip, and fall accident case. A slip and fall occurs when water, a slippery substance, debris or another type of foreign object causes your feet to slip from underneath you. A pedestrian may trip and injure themselves on a sidewalk, staircase, in a parking lot, or due a failure to clear the ice and snow off walkways.
If you or someone close to you has been a victim of a slip & fall injury, and the cause of the injury is related to the negligence of the property owner to maintain a safe environment, we can help and will fight for you to provide the counsel required to pursue the compensation you will need and you deserve for the road ahead. The experienced slip and fall lawyers at Kamensky Cohen & Riechelson can provide you with the knowledgeable advice and advocacy you need during a time where you may not know what to do our where to turn. Contact us online or by telephone, at 609.528.2596, to arrange a consultation with one of our knowledgeable premises liability lawyers.
The viability of a case may vary from state to state. It is important to understand the difference in state law from New Jersey and Pennsylvania, specifically as it relates to ownership of the property and number of families or individuals that occupy the dwelling.
Bensalem PA Slip and Fall Laws
Pennsylvania Residential and Commercial Slip and Fall Laws
In Pennsylvania, the laws and regulations are similar as it relates to commercial properties or multi family dwellings. Although residential single family home owners do not have the same maintenance obligations as apartment building, condominium and commercial property owners and managers; unlike New Jersey they still can be held liable for an accident or injury that occurs on their property under certain circumstances.
Pennsylvania Ice and Snow Law
Pennsylvania and New Jersey are slightly different on slip and fall cases when it comes to, say ice and snow. Pennsylvania has a requirement called the Hills and Ridges Doctrine which means that the snow can´t be fresh snow. It has to have bumps or lumps, something like that to show that it existed for a period of time and someone went through it.
PA Commercial Property Business Invitee Rule
The law is slightly different when it comes to commercial establishments in Pennsylvania. They have what’s called the Business Invitee Rule, and in Pennsylvania Business Invitee is owed the highest duty under the law; so if you go to a shopping center or someplace that’s a business, they have an obligation to you to clear the sidewalks, to clear the parking lots and to make sure that there´s not ice and snow. New Jersey has similar requirements but not quite as strict as Pennsylvania.
Trenton NJ Slip and Fall Laws
New Jersey Single Family Property Slip and Fall Lawyers
New Jersey Law protects owners of single family dwellings from being held liable for a slip or trip and fall accident on their property. Due to the fact that a single family home is not a commercial property, in existence for the purpose of making a profit, the owners and their families are not held liable for keeping the property safe the same way that a landlord, business owner, or employee of a business in a commercial property have the obligation to keep the area safe for individuals that may be walking through and/or doing business there.
According to New Jersey law, if you have an accident on a single-family property, the property owner cannot be held liable for your accident. Why not? Because unlike a commercial property, where the owner and staff can be held responsible, a single-family property owner does not have a duty to keep the area safe for visitors. The commercial property’s purpose is to create a profit and because of this, it is the responsibility of that property owner as well as the employees to make sure the area is safe for its customers. A single-family property owner does not have the same responsibility and therefore, is not responsible for your accident.
New Jersey Multi Family Dwelling Slip and Fall Laws
However, it’s a different story when it comes to a slip and fall accident in an apartment building, condo complex, or any other type of multi-family dwelling in New Jersey. Yes, the residents are not responsible for any accidents on the property. Yet, the same cannot be said for the owner of the multi-family property. Since the owner is getting a profit from those living in the building or complex, the owner and any managers of the property are responsible for keeping the area safe. So if you have a slip and fall accident while visiting a friend at his/her apartment complex, you can sue the property owner for liability.
Preventing Slips, Trips, and Falls in Philadelphia PA
A slip, trip or fall at work can lead to injuries – and even death. In 2014, injuries from slips, trips and falls resulted in 247,120 cases involving days away from work, and 818 worker deaths, according to the 2017 edition of “Injury Facts,” a National Safety Council chartbook,
Take a look at Safety and Health Magazine’s article, which provides some practical advice on thigns to do to prevent slip and falls from happening:
- Either clean up a spill right away or put a wet floor sign up just as quickly.
- Walkways and hallways should always be kept free of clutter, debris, snow, ice, etc.
- Cables and cords should be taped to the ground.
- Maintain working lights and replace light bulbs right away.
- Replace word flooring and consider replacing with abrasive floor mats.
- Keep filing cabinets and desk drawers shut when not in use.
- Encourage workers to wear comfortable, properly fitted shoes.
Contact a Mercer County Personal Injury Lawyer to properly file your case
Do not hesitate to consult with an experienced personal injury attorney as soon as possible. You only have a two-year statute of limitations before you lose your right to sue for compensation for your medical bills, lost wages and pain and suffering.
Under the law, you might be entitled to reimbursement for medical costs you incur as a result of an injury due to a fall. You might also be entitled to compensation for pain, suffering, life changes and/or missed work, depending on the cause and circumstances of the fall. Our roster of personal injury lawyers includes experienced senior attorneys who have been litigating and/or negotiating personal injury claims in Trenton, Princeton, Hamilton, Bensalem, Philadelphia, and across Mercer County, Bucks County, and Philadelphia County for more than 40 years.
If you or someone close to you has suffered a slip & fall injury due to property owner negligence, at Kamensky, Cohen, and Riechelson we are able to help you pursue compensation for your losses. Contact us online or by telephone at 609.528.2596 to arrange a consultation with an experienced New Jersey premises liability attorney.