Philadelphia Expert Premises Liability Lawyers
Your Trusted Advocates Against Property-Owner Negligence | PA & NJ
When unsafe conditions on someone else’s property cause you harm, you need seasoned legal champions. At Edelstein Law, we represent victims of slip-and-falls, negligent security, dog bites, and more throughout Pennsylvania and New Jersey. We turn overlooked hazards into compelling claims—securing the compensation you deserve so you can focus on recovery. Keep reading to learn more or contact us now for your free, no-obligation consultation.
Understanding Your Rights After a Premises Liability Injury
When you’re hurt on somebody’s property, you have rights—but also a responsibility to preserve your claim:
Seek Immediate Medical Care
Your health is paramount. Prompt treatment not only aids recovery but also creates critical medical records documenting your injuries.
Notify the Property Owner or Operator of:
Private Property: Provide written or verbal notice as soon as possible.
Government Property:
PA Political Subdivision Tort Claims Act: Must serve notice on the municipality within six months of injury.
NJ Tort Claims Act: Requires written notice to the public entity within 90 days.
Preserve Evidence
Photograph the hazard (wet floors, broken stairs, poor lighting).
Keep torn clothing, damaged glasses, and any warning signs or lack thereof.
Document Witnesses
Obtain contact information of anyone who saw your fall or unsafe condition.
Consult an Experienced Attorney at Edelstein Law Immediately
Early legal guidance ensures preservation of your rights, compliance with strict government-notice requirements, and maximized recovery.
Premises Liability Overview | PA & NJ
Premises liability holds property owners and occupiers responsible for injuries arising from unsafe conditions. Key subcategories include:
Slip-and-Fall Accidents
Wet floors, icy sidewalks, loose rugs, and debris.
Trip-and-Fall Incidents
Uneven sidewalks, cracked pavement, and unexpected steps.
Negligent Security
Inadequate lighting, lack of guards, and poor access control can lead to assaults or robberies.
Elevator & Escalator Injuries
Malfunctioning brakes, sudden stops, entrapment.
Swimming Pool & Drowning Accidents
Missing fences, a lack of lifeguards, and contaminated water.
Dog Bites & Animal Attacks
Unleashed or improperly restrained animals.
Structural Collapses
Falling ceilings, collapsing floors, unstable balconies.
Fire & Smoke Injuries
Defective alarms, blocked exits, and improper maintenance.
Each scenario involves unique legal elements—duty to warn, maintenance obligations, and foreseeability—which Edelstein Law navigates expertly.
Pennsylvania & New Jersey Premises Liability Laws
While both Pennsylvania and New Jersey provide robust legal protections for accident victims, there are notable differences that can affect your case:
Comparative Negligence:
Pennsylvania: Pure comparative fault—recoveries reduced by your fault percentage.
New Jersey: Employs a modified comparative negligence rule. If your fault exceeds 50%, you may be barred from recovering any damages.
Statute of Limitations:
Pennsylvania: 2 years from date of injury (42 Pa.C.S. § 5524)
New Jersey: 2 years from date of injury (N.J.S. 2A:14-2)
Government-Entity Notice—Torts Claims Act Notices
Pennsylvania: Notice to municipality within six months; filing a lawsuit within two years.
New Jersey: Notice to public entity within 90 days; suit within two years.
To help you further understand your rights and the legal processes in Pennsylvania and New Jersey, we’ve compiled links to reputable resources:
New Jersey Resources
New Jersey Courts – Civil Division
Comprehensive overview of court procedures, filing requirements, and forms for premises liability lawsuits in New Jersey.
New Jersey Tort Claims Act – Public Entity Liability
Details on notice requirements (90 days) and procedures for claims against municipalities, school districts, and other public entities.
New Jersey State Bar Association – Tort & Litigation Section
Practice guides, case law updates, and articles on proving negligence and premises defects.
NJ Department of Community Affairs – Code Enforcement
Standards and regulations for property maintenance, building safety, and inspection procedures.
Pennsylvania Resources
Pennsylvania Unified Judicial System – Civil Matters
Information on filing civil actions, court rules, local forms, and procedural checklists for slip-and-fall and other premises claims.
Pennsylvania Tort Claims Act – Government Liability
Overview of notice (6 months) and filing requirements for claims against state and local governmental entities.
Pennsylvania Bar Association – Civil Litigation Resources
CLE materials, practice manuals, and articles on premises liability, duty of care, and comparative negligence.
Pennsylvania Landlord-Tenant Law (Residential Premises)
Overview of landlord responsibilities and tenant remedies under Pennsylvania’s landlord-tenant statutes for unsafe or uninhabitable conditions.
Educational and Assistance Premises Liability Claims | NJ & PA
Frequently Asked Questions for Premises Liability | PA & NJ
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Answer: Premises liability claims arise when an individual is injured due to unsafe conditions on someone else's property. To establish a premises liability case, several key elements must be demonstrated:
Duty of Care: The property owner must have had a legal obligation to maintain a safe environment for visitors. This duty varies depending on the visitor's status - whether they are an invitee, licensee, or trespasser.
Breach of Duty: It must be proven that the property owner failed to uphold their duty of care. This could be through negligence, such as failing to fix a known hazard or not providing adequate warnings about potential dangers.
Causation: The plaintiff must show that the property owner's breach of duty directly caused their injury. This involves establishing a clear link between the unsafe condition and the harm suffered.
Damages: The injured party must have suffered actual damages, which can include medical expenses, lost wages, pain and suffering, and other related losses.
Common scenarios that lead to premises liability claims include slip and fall incidents, inadequate security leading to assaults, or injuries caused by unsafe conditions on commercial properties. Each case is unique, and legal representation is essential in navigating the complexities of premises liability laws to secure the compensation victims deserve.
s caused by unsafe or unreasonably dangerous conditions on another person’s property fall under the legal concept of premises liability. Property owners have a duty to maintain a safe environment for visitors, whether they are invitees, licensees, or even trespassers. When they fail to uphold this duty and a person is injured as a result, the property owner can potentially be held liable for those injuries.
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Answer: Yes—sidewalks located on government property necessitate the submission of timely notice under the Tort Claims Act, which is a crucial step in the legal process. This notice must be filed in Pennsylvania within six months, whereas in New Jersey, the deadline is significantly shorter at just 90 days. It is imperative to adhere to these timelines to preserve your right to seek compensation for any injuries sustained.
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Answer:
PA: Yes—your award is reduced by your percentage of fault.
NJ: Only if your fault does not exceed 50%.
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Answer: Recovery may include medical costs, lost wages, pain and suffering, and, in some cases, punitive damages.
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Answer: Photographs of the hazard, detailed incident reports, comprehensive medical records, thorough maintenance logs, and valuable witness statements all serve as crucial pieces of evidence.
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Answer: Immediate action is crucial, especially when it comes to cases involving government entities, which often have strict notice deadlines that must be adhered to. Delaying may jeopardize your claim and the opportunity to seek justice.
Edelstein Law Premises Liability—Take Action Now!
If you or a loved one has been affected by personal injury, abuse, or systemic injustice, we invite you to contact us to learn more about how we can help. Our team of experienced attorneys and support staff are committed to providing exceptional legal representation and support and to achieving the best possible outcome on your behalf. Don't hesitate to reach out to us today to schedule a free consultation and take the first step towards justice and healing.
We are here to assess your case and guide you through the legal process. Call us now to get started on your path to recovery and ensure your rights are protected. Set up a Zoom session or schedule a time to speak with our first-class team of litigators and support staff. Your fight is our fight.