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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
An unsafe step, a spill, or a broken entrance can change your life in seconds. Proving what happened often takes more than a photograph of the place where you fell. A property injury claim also asks who controlled the area, what they knew about the danger, and what reasonable care should have prevented.
The Epstein Law Firm represents people injured on unsafe property in New Jersey. We look at the condition and the decisions behind it: inspections, repairs, complaints, warnings, and responsibilities shared among owners, tenants, and contractors. That investigation helps connect an injury to the party legally responsible for preventing it.
You do not need to identify every defendant or collect every record before asking for help. Start with where you were, why you were there, and what you remember about the incident and your treatment.
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New Jersey Premises Liability
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The business name above the entrance does not always tell you who maintained the walkway, repaired the stairs, or hired the cleaning company. A building owner, commercial tenant, property manager, or contractor may have different responsibilities. Leases and maintenance agreements can help identify those responsibilities, but the actual work and control of the area matter too.
Your reason for entering the property also affects the legal analysis. New Jersey law does not impose precisely the same duties toward a customer, a social guest, and every other visitor. For business invitees, reasonable inspection and discovery of dangerous conditions can be important. The New Jersey model charge on premises conditions explains these distinctions.
This is why a useful investigation starts with specifics. Was the incident in a common hallway or inside a rented unit? Did an employee create the obstruction? Had someone reported the same broken handrail before? The answers help determine which records to request and which parties need to be involved.
Our premises liability practice includes several kinds of property-related incidents. Each requires attention to the particular condition and the people responsible for it.
These pages explain individual subjects in more detail. The central task remains the same: connect the event to a supported legal duty and a preventable failure.
Many cases turn on notice. Actual notice means the responsible party knew about the unsafe condition. Constructive notice concerns a condition that existed long enough that reasonable care should have discovered it. Which proof is necessary depends on the circumstances; a lawyer should evaluate the applicable rule rather than assuming every case follows the same pattern.
An earlier complaint, maintenance request, or witness account can help establish what was known. A recording might show when a spill appeared or how people moved through the area. Photographs can document lighting, dimensions, warnings, and the condition before repairs change the scene.
Preserve the original files, including their dates. Write down what you personally observed and distinguish that from what someone later told you. An accurate account is more useful than filling gaps with assumptions about how long a defect must have existed.
Medical attention comes first. When you can safely do so, report the incident to the appropriate person and ask how to obtain a copy of any report. Keep witness contact details, photographs, receipts, and correspondence. For a fall, tell your attorney whether the shoes and clothing you wore are still available.
You may not control the most important evidence. Video, work orders, inspection records, and agreements between businesses may belong to someone else. The Epstein Law Firm can evaluate which materials should be requested and how to investigate the condition. Bring information about possible cameras even if you have not seen the recording yourself.
Keep a straightforward record of your treatment and the activities your injuries affect. Save existing messages; do not edit them into a different account. If an insurer asks for a statement or a release, understand its purpose before responding or signing.
A serious fall or other property injury can affect work, mobility, household responsibilities, and activities that previously required little thought. A claim should explain those changes with evidence, not simply list a diagnosis or add up the first medical bills.
Medical expenses and future treatment need support. So do losses tied to disability and the effect on daily life. New Jersey’s model charges address medical expenses and disability, pain, and loss of enjoyment of life. Available compensation depends on the claim and the proof.
The property insurer may also argue that your actions contributed to the incident. Under New Jersey’s comparative negligence framework, shared fault can reduce or bar a recovery. An adjuster’s assertion is not a final determination. The condition, warnings, visibility, and conduct of everyone involved must be considered together.
New Jersey generally provides two years after a personal injury claim accrues to file suit. Claims involving a public entity or employee can require a formal notice within 90 days, subject to the applicable rules and exceptions. An incident report or insurance discussion should not be assumed to satisfy those requirements. See the injury limitation statute and state tort claim notice guidance.
Bring the incident date and any notices you received to your consultation. Identifying a possible deadline early allows the legal review to focus on your situation instead of relying on a general rule that may not fit.
Premises cases require both careful factual investigation and a clear explanation of why the evidence matters. Michael J. Epstein’s practice includes premises liability, and he is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. His attorney profile describes that background.
At The Epstein Law Firm, the initial conversation can address the property, the injury, the information already available, and the questions that still need investigation. You can discuss the proposed representation and fee arrangement before deciding how to proceed. Contact our team for a free initial consultation about a New Jersey premises liability matter.
Selected results reported by The Epstein Law Firm.
Prior results do not guarantee a similar outcome. Each case depends on its own facts, evidence, and applicable law.
These excerpts describe experiences with the firm. They are not identified as cases in this practice area and do not predict another outcome.
“I highly recommend working with Mr. George Morton. My father had a work accident last year and we worked with Mr. Morton. He was very professional, thorough and kept us informed of all the details and progress.”
— Yoomin · Read the full Google review
“I am truly blessed to say The Epstein Law Firm surpassed all my expectations. Team work makes the dream work. I highly recommend.”
— Mama D. · Read the full Google review
An injury can leave you managing bills and records while the property claim is still being investigated. These resources address different needs; choosing the right office helps avoid sending an injury claim to an agency that cannot resolve it.
Hospital financial assistance — If hospital charges are unaffordable, ask the treating hospital’s business or admissions office for a New Jersey Charity Care application and screening for other coverage. Eligibility depends on program criteria. Separate physician bills and prescriptions may not be covered; this is not health insurance.
Medical-record access — Request records from each treating provider’s records office. Identify the dates of service and ask how to obtain notes, test results, and billing records. If you are requesting another adult’s records, ask what proof of authority is required. Keep the request and response together.
Insurance consumer assistance — For an insurance-handling concern within its jurisdiction, the New Jersey Department of Banking and Insurance offers an online complaint route and telephone assistance at 1-800-446-7467. Have the insurer’s name, claim number, correspondence, and a concise explanation ready. A regulatory complaint is separate from proving the property owner’s liability.
Save incident and maintenance-report information you already possess, and tell counsel where surveillance footage may exist. Seeking financial assistance or an agency response does not itself file a lawsuit or preserve an injury-claim deadline.
These answers provide general information. The facts and applicable rules should be reviewed with a lawyer before making decisions about a particular matter.
No. A fall alone does not establish that an owner or occupier breached a legal duty. The analysis considers why you were on the property, who controlled the area, what condition caused the injury, and what reasonable care required. For a business invitee, inspection and notice of a dangerous condition can be important issues.
Record the exact location and condition instead of relying only on the fact that an accident occurred. The duty can differ for a customer, tenant, social guest, or other entrant. A lawyer can assess the evidence about control, warnings, inspections, and repairs alongside any comparative-negligence argument. Different rules may apply to a public property claim.
Sources: New Jersey Model Civil Jury Charge 5.20F — Condition of Premises ; New Jersey Model Civil Jury Charge 7.10 — Comparative Negligence .
Notice may be shown by evidence that the owner actually knew about the condition or that it existed long enough to be discovered through reasonable care. Prior complaints, inspection records, repair requests, and witness accounts can be relevant. The applicable proof depends on the type of property and the circumstances that produced the hazard.
Photographs and recordings may help establish how the area looked and when the condition arose. Keep the time and location of each observation, and identify people who saw the condition earlier. A lawyer can assess whether an exception or a different liability theory applies. An injury by itself does not prove how long a spill, defect, or obstruction existed.
Responsibility may involve an owner, tenant, manager, or contractor, depending on control of the area and the duties each undertook. A lease or maintenance contract can be important evidence, but its existence does not automatically resolve the duties owed to an injured visitor. The condition, location, and nature of the work all matter.
Preserve the business name, property address, incident report, and any information identifying the party responsible for maintenance. An investigation may compare actual practices with contractual responsibilities and records of complaints or repairs. More than one party may be involved, and comparative fault can affect the allocation. Do not assume the name on a storefront identifies every potential defendant.
New Jersey generally allows two years after a personal-injury claim accrues, but an individual deadline requires a review of the facts. The date of the incident, when the injury was discovered, the injured person’s age, and the identity of each defendant can affect the analysis. Do not assume that an insurance claim or negotiations extend the time to sue.
Claims involving public entities or public employees may require a formal notice much earlier than the lawsuit deadline. Bring the incident date, relevant correspondence, and names of the parties to an initial consultation. A lawyer can distinguish a filing deadline from notice requirements and identify whether a recognized exception needs consideration.
Sources: New Jersey Legislature — N.J.S.A. 2A:14-2 ; New Jersey Treasury — Tort Claim Notice .
Possibly. In a New Jersey negligence claim, a plaintiff’s own negligence does not automatically prevent recovery. The comparative-negligence rule generally reduces damages by the plaintiff’s percentage of responsibility and bars recovery when that responsibility exceeds the combined negligence of the defendants against whom recovery is sought. An insurer’s allocation is not necessarily the final legal answer.
The evidence must address everyone’s conduct and how it contributed to the injury. Photographs, witness accounts, incident records, and the condition of the scene may matter. Different claims can involve distinct defenses or statutory rules, so a lawyer should assess the legal theory before applying a simple percentage calculation to a settlement offer.
Sources: New Jersey Model Civil Jury Charge 7.10 — Comparative Negligence ; New Jersey Model Civil Jury Charge 5.20F — Condition of Premises .
Preserve the original records that show what happened, who was involved, and what changed afterward. Useful material may include photographs, witness contact details, messages, incident reports, damaged items, and records of medical treatment. Keep originals and dates where possible; do not alter a photograph or recreate a document as though it were an original.
Explain where other evidence may exist, including recordings or business records held by someone else. An attorney can consider appropriate preservation requests and later discovery. The evidence needed depends on the disputed duty, the alleged breach, and the connection to your losses. Gathering information should not delay a discussion of filing deadlines or urgent medical needs.
Sources: New Jersey Model Civil Jury Charge 5.20F — Condition of Premises ; New Jersey Legislature — N.J.S.A. 2A:14-2 .
A supported injury claim may address medical expenses, the effects of disability, pain, and loss of enjoyment of life caused by the defendant’s conduct. The available recovery depends on proof of liability, causation, and the particular losses. A past verdict, a diagnosis, or the amount of insurance alone does not establish the value of another person’s case.
Keep treatment bills, receipts, and a record of how the injury affects ordinary activities. Future care needs require medical support rather than an estimate based only on current expenses. Tell counsel about insurance payments and benefits as well, because coverage, reimbursement obligations, and applicable statutory limits can affect the eventual recovery.
Sources: New Jersey Model Civil Jury Charge 8.11A — Medical Expenses ; New Jersey Model Civil Jury Charge 8.11E — Disability and Pain and Suffering .
Yes. HIPAA generally gives an individual access to medical information in a covered provider’s designated record set, subject to exceptions. You may begin requesting records while arranging a legal consultation. Discharge instructions, test results, treatment notes, and records from follow-up providers can help explain the sequence of care and the effects of an injury.
An online patient portal may not include everything relevant to a claim. Tell the lawyer which records you have requested and what remains outstanding. A records request does not itself file a lawsuit or stop a deadline. If you are acting for another adult or an estate, the provider may need documentation showing your legal authority to obtain the records.
Sources: U.S. HHS — Access to Medical Records ; New Jersey Legislature — N.J.S.A. 2A:14-2 .
Not necessarily. A civil dispute may resolve through negotiation or mediation, but settlement requires an agreement and cannot be promised at the outset. The parties may need to exchange documents, obtain expert opinions, or resolve important factual disputes before they can evaluate a proposal. Some cases require a court decision on liability or damages.
A useful settlement discussion considers the evidence, risks, available relief, costs, and the terms of any release. Ask which claims would end and whether any obligations would remain. Mediation can provide a structured opportunity to negotiate; it is not the same as a judge deciding the merits. Continue meeting court and filing deadlines while discussions are ongoing.
Sources: New Jersey Courts — Civil Mediation Questions ; New Jersey Rules of Professional Conduct — Fees and Client Duties .
The Epstein Law Firm offers a free initial consultation. The fee arrangement for any representation should be discussed separately and confirmed in writing. Ask whether the matter would use a contingency fee, an hourly arrangement, or another structure, and how litigation expenses would be handled. A free consultation does not mean that every potential matter will be accepted.
Before signing, ask what services are included, how costs are advanced or reimbursed, and what happens if the matter ends without a recovery. The answer can depend on the practice area and the proposed agreement. Bring the documents you already have and identify any approaching deadlines so the initial conversation can focus on the next necessary steps.
Sources: The Epstein Law Firm — Contact and Consultation ; New Jersey Rules of Professional Conduct — Fees and Client Duties .
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The Epstein Law Firm
The Epstein Law Firm