PRACTICE AREA
Premises Liability
experts
Premises Liability Advocating for Trip and Fall Accident Victims at Kornblau Law
At Kornblau Law we recognize the serious impact and life-altering consequences of trip and fall accidents. Our dedicated team, with over three decades of experience, specializes in navigating the complexities of premises liability cases across Pennsylvania and New Jersey, offering unparalleled legal support to those harmed by property negligence.
Our expertise extends to premises liability cases, where individuals are injured due to unsafe conditions on someone else’s property.
From slip and fall incidents to inadequate security, we ensure property owners are held accountable.
Specialized Focus on Varied Trip and Fall Scenarios
Our legal expertise spans a diverse range of premises liability scenarios, ensuring specialized guidance for your unique situation:
- Dangerous Flooring and Surfaces:
- Including incidents involving wet floors, torn carpeting, or uneven pavement.
- Faulty Stairs and Handrails: Addressing falls due to broken stairs, missing handrails, or other structural deficiencies.
- Poor Lighting Conditions: Where inadequate lighting leads to accidents and injuries.
- Cluttered or Obstructed Walkways: Cases involving falls due to obstacles or debris in paths.
- Elevator and Escalator Malfunctions: Advocating for those injured by defective or poorly maintained equipment.
- Weather-Related Hazards: Including slips on ice or snow that are not properly managed.
Understanding Premises Liability and Proving Fault
In premises liability cases, establishing fault is crucial. Our approach involves:
- Identifying Hazardous Conditions: Demonstrating the existence of a dangerous condition on the property.
- Proving Property Owner Knowledge: Showing that the owner knew or should have known about the hazard.
- Linking the Hazard to Your Injury: Establishing a direct connection between the hazardous condition and your fall.
- Documenting the Impact: Detailing the extent of your injuries and how they have affected your life.
Seeking Full and Fair Compensation
We are committed to securing comprehensive compensation for our clients, including coverage for medical expenses, lost wages, pain and suffering, and other related damages.
Our in-depth understanding of premises liability law positions us to counter common defense tactics effectively, ensuring your rights are protected.
Personalized Legal Support for Every Client
At Kornblau Law you are not just a case; you are an individual with a unique story. We provide personalized attention, focusing on your specific needs and the nuances of your case. Our goal is to alleviate the stress and burden of your legal journey, allowing you to focus on recovery.
Frequently Asked Questions
What is my case worth?
Determining the value of your case begins with an assessment of how likely it is that an insurance companyor jury will find the Defendant liable based on the available evidence. If it appears highly likely that the defendant will be deemed liable, you can expect a stronger offer from the insurance company. Conversely, if the evidence pointing to the defendant’s liability is weaker, the likelihood of receiving a substantial settlement offer diminishes, as you can only claim damages if the defendant is found liable.
Once liability is evaluated, the next crucial factor is assessing your damages, which are the legally recognized losses for which you can receive monetary compensation. Typical damages include medical expenses, loss of income, pain and suffering, scarring, disfigurement, as well as embarrassment, humiliation, and loss of enjoyment in life.
The more robust and well-supported your evidence is for these damages, the higher the potential value of your case.
This assessment is critical in providing a clearer picture of what you might expect in terms of compensation.
How long will my case take?
As Plaintiff’s attorneys, our approach is always proactive and assertive, consistently applying pressure on the Defendants to keep the momentum in your favor. However, the duration of litigation
can vary significantly. Generally, it ranges from one to several years, influenced by factors such as the case’s complexity, the specific jurisdiction or county in which the case is being tried, and the nature of the case itself.
We diligently work to expedite the process wherever possible, while ensuring that no detail is overlooked in the pursuit of the best possible outcome for you.
In instances where a settlement can be negotiated prior to formal litigation, the timeline can be considerably shorter, potentially resolving the matter in under a year. It’s important to note that while we strive for efficiency, our primary focus is always on the thoroughness and quality of representation. We balance the urgency of resolving your case promptly with the necessity of ensuring that every aspect is meticulously handled to maximize your chances of a favorable outcome.
Will I be given updates on my case?
Absolutely, and with regular frequency. One of our dedicated attorneys will maintain consistent communication with you, providing updates on both your treatment status and any significant developments in your case. We understand that staying informed is crucial for your peace of mind, and we ensure that you’re never left wondering about the status of your legal matters.
In addition to these scheduled updates, our team is always accessible for any questions or concerns you might have. We make it a point to be available to address your needs promptly.
Should you reach out via call or email, you can expect a swift response from our team, unless we are actively engaged in a trial. Even in such instances, we ensure that your queries are
attended to at the earliest opportunity.
We also proactively reach out to you with important information and key milestones in your case, ensuring you’r not just aware of the progress but also understand the implications of each development.
Our commitment to open and transparent communication extends to providing clear explanations and guidance, so you are empowered with knowledge about your case every step of the way. Your confidence and understanding are as important to us as the legal outcomes we seek on your behalf.
What do you charge?
Our fee structure is designed to be as client-friendly as possible. We operate exclusively on a contingency fee basis. This means that our professional fees are contingent upon the successful resolution of your case – if we don’t win or settle your case, you owe us nothing.
The specific percentage of our contingency fee varies, based on factors such as the state’s legal requirements, the complexity of your case, and whether the case involves a minor. These aspects are carefully considered to determine a fair and appropriate fee for each individual case. However, the fundamental principle remains the same: there are no
upfront costs for you, and we are compensated only from the recovery we secure on your behalf.
This approach ensures that high-quality legal representation is accessible to you without the immediate financial burden, and it aligns our goals with your best interests. We are invested in achieving the best possible outcome for you because our success is directly linked to yours.
What should I do immediately after a slip or trip and fall accident?
If you’re injured in a slip or trip and fall accident, taking immediate action can be crucial for your recovery and any potential claim. One of the most important steps is to preserve evidence by taking photos and videos of the area where you fell, especially the condition or hazard that caused the accident—whether it’s a wet floor, broken step, uneven surface, or other dangerous condition. Documenting the scene from multiple angles will help capture the hazard clearly, as property owners often repair or clean up issues soon after an accident, leaving no visible proof. This evidence can be vital in demonstrating that the property owner was negligent.
Next, report the accident to the property owner, manager, or an employee, and ask them to document it in an official report, which you should try to get a copy of if possible. Seek medical attention promptly, even if your injuries seem minor at first, as some may become more apparent over time. A medical record will also provide essential documentation if you decide to pursue a claim. If there were witnesses, get their contact information, as their statements can be valuable in supporting your case. Finally, avoid giving detailed statements about fault or the extent of your injuries, as sticking to the facts is best in the immediate aftermath.
Taking these steps not only safeguards your health but also strengthens your ability to seek compensation for your injuries, as they help preserve critical evidence and create a clear record of the incident.
Who is responsible for my injuries in a slip and fall accident?
If you’re injured in a slip or trip and fall accident, taking immediate action can be crucial for your recovery and any potential claim. One of the most important steps is to preserve evidence by taking photos and videos of the area where you fell, especially the condition or hazard that caused the accident—whether it’s a wet floor, broken step, uneven surface, or other dangerous condition. Documenting the scene from multiple angles will help capture the hazard clearly, as property owners often repair or clean up issues soon after an accident, leaving no visible proof. This evidence can be vital in demonstrating that the property owner was negligent.
Next, report the accident to the property owner, manager, or an employee, and ask them to document it in an official report, which you should try to get a copy of if possible. Seek medical attention promptly, even if your injuries seem minor at first, as some may become more apparent over time. A medical record will also provide essential documentation if you decide to pursue a claim. If there were witnesses, get their contact information, as their statements can be valuable in supporting your case. Finally, avoid giving detailed statements about fault or the extent of your injuries, as sticking to the facts is best in the immediate aftermath.
Taking these steps not only safeguards your health but also strengthens your ability to seek compensation for your injuries, as they help preserve critical evidence and create a clear record of the incident.
Can I still file a claim if I was partially at fault for the accident?
Yes, you may still be able to file a claim even if you were partially at fault for a slip and fall accident. Both Pennsylvania and New Jersey follow a comparative negligence rule, which means that if you share some responsibility for the accident, your compensation may be reduced by your percentage of fault.
In Pennsylvania, the modified comparative negligence rule applies. This rule allows you to recover damages as long as you were not more than 50% at fault. If you’re found to be 51% or more responsible, you won’t be able to recover compensation. However, if you’re 50% or less at fault, you can still recover damages, though the amount will be reduced by your percentage of responsibility. For instance, if you are awarded $20,000 but are found 20% at fault, your recovery would be reduced by 20%, resulting in $16,000.
New Jersey follows a similar modified comparative negligence rule, where you can recover damages as long as your fault does not exceed 50%. Like in Pennsylvania, any compensation awarded will be reduced by your percentage of fault. If your share of fault is determined to be 51% or more, you cannot recover damages.
These comparative negligence rules allow for partial recovery even if you bear some responsibility, making it possible to pursue a claim as long as your fault doesn’t exceed the threshold.
What evidence do I need to prove a slip and fall claim?
To prove a slip and fall claim, you need evidence that clearly demonstrates the existence of a dangerous condition on the property, identifies who was responsible for maintaining the area, and shows that the property owner or manager either knew or should have known about the hazard but failed to address it. Photographs and videos of the accident scene are critical, as they visually capture the condition that caused your fall—whether it’s a wet floor, uneven pavement, or other hazard. This documentation is essential to show how the condition contributed to the accident. Additionally, an incident report from the property owner, manager, or staff, if available, is valuable because it establishes the time, place, and details of the accident in an official capacity.
Witness statements are also helpful, as bystanders can describe what they saw, providing a firsthand account of the hazard and any negligence by the property owner. Maintenance and inspection records are further evidence that can show if the property was routinely checked and maintained. A lack of maintenance may indicate negligence, especially if the hazard was known but left unaddressed. To connect your fall to specific injuries, you’ll need medical records documenting the extent of your injuries and the treatment you received, which help support your claim for damages.
Finally, proof of control over the property is necessary to establish liability. Documents like a property lease, contract, or ownership record can help show who was responsible for maintaining the area. Collecting this evidence builds a strong case by demonstrating the hazardous condition, identifying who was in control, and establishing that their failure to address the hazard led to your injuries. An attorney can guide you in gathering and organizing this evidence to strengthen your slip and fall claim.