SJM_Jacobs Law_profile_1125_profile 11 / 20 / 25 3 : 31 PM Page 1 attorney can help . Simons represented a s p o n s o r e d p r o f i l e sjm client a few years ago who slipped and fell on a wet floor in their hotel bathroom , which was the result of a leak from the floor above . Although the hotel had no direct knowledge of the leak because it hadn’t been reported , Simons learned through depositions with the maintenance staff that leaking had been an ongoing problem at the hotel for some time . “ The defense’s argument was based on Experience Matters thenotice requirement — they had no notice of it , there was nothing they could have The seasoned lawyers at Jacobs , Schwalbe & Petruzzelli possibly done — and that was a good - faith argument , ” he says . “ But I researched the adeptly guide clients through diverse and complex specific facts and I found a previous case BY MATT COSENTINO premises liability cases . which held that the defendant does not necessarily have to be aware of the specific ike a veteran NFL quarterback who has faced every defensive scheme imaginable and instance — ifthey were aware that there was uses that information to prepare for an important game , a diligent attorney is constantly anongoing problem , that could be enough relying on his or her past experience when litigating a new case . Whether it’s a keen to establish constructive notice . As a result understanding of legal precedents , past involvement with similar circumstances or L of that research and arguing that point of expertise in a certain practice area , it all goes into providing the best representation possible law , we were able to overcome the defense’s for each client . summary judgment motion ( a motion to “ It’s like studying film , ” says attorney Jeffrey S . Simons , continuing the football analogy . dismiss the claims ) and ultimately get our “ Themore times you see a certain issue , the more you’re able to effectively analyze your case clienta wonderful settlement . ” tosee what the strengths and weaknesses are . Asfar as damages are concerned , many “ I think being a good lawyer has a couple of components . One , every factual case is premises liability cases result in fractures different , so you have to be able to identify the issues and research them in order to make and require surgery , particularly when winningarguments under the law . But the other aspect is that everything you learn on one involving the elderly . These can be higher - casebecomes part of your experience . You gain more knowledge on every case and you use value claims , especially when dealing with thatto make your next case stronger . ” commercialinsurance policies . Inthe nearly 50 years since its founding , Jacobs , Schwalbe & Petruzzelli , P.C . , has assembled Besidestrip and falls or slip and falls on ateam of such seasoned lawyers , including Simons , who heads up the firm’s personal injury snow or ice , other incidents that may fall division.While the majority of plaintiffs he represents were injured in motor vehicle accidents , under the premises liability umbrella are the second - largest category of personal injury claims involves premises liability , in which dogbites or assaults resulting from negligent owners / occupiers of residential or commercial properties are held responsible for injuries security . No matter what the situation , the thatoccur on their premises due to unsafe or defective conditions . team at Jacobs , Schwalbe & Petruzzelli is Withwinter approaching , there is unfortunately a rise in claims due to falls on snow or ice . sureto take a compassionate approach and Premisesliability cases also include slips on wet floors or tripping on damaged porches / sidewalks . make sure the client is kept in the loop Butas Simons explains , there are several misconceptions from the general public . throughoutthe legal process . “ Peoplethink if you fall or are injured on someone else’s property , you automatically have “ I always ask my clients after I give a a claim , but that’s not how the law works in New Jersey , ” he says . “ It’s based on a negligence legalexplanation if it makes sense , ” Simons standard , meaning that you have to prove that the party you’re bringing the claim against was says . “ Sometimes it may make perfect sense negligent or did something wrong . If I’m walking in a store and I trip and injure myself , the tome as the lawyer , but through no fault of storewould only be responsible if it caused the injury . ” my client’s , he or she didn’t understand Tortlaw evolved in this country with the aim of deterring dangerous or harmful conduct what I was saying . If I give my client infor - by parties . If there was no accountability under the law , parties would have no motivation to mation , I want to make sure they understand keep their premises safe from harm , and ultimately to prevent future injuries . It is therefore it so we’re always on the same page and I importantto hold parties accountable who do not hold up their side of the bargain . canbest represent him or her . ” Simons is happy to offer a consultation to anyone who believes they may have a potential claim , and encourages them to begin the process as quickly as possible . If the injury happened in a store , for example , the preservation of video evidence must be addressed in a timely manner . He advises anyone who is injured to seek the appropriate medical care first , but if they can then file an incident report with the store , take any pictures or secure witnesses , it is beneficial to the case . One of the key pieces of any premises liability case is the notice requirement , meaning the plaintiff must prove that the property owner or property manager had notice of the defect . This could either be actual notice ( direct knowledge of the defect ) or constructive notice ( they should have known about the defect ) . For example , if a customer spills water on the floor of a grocery store and someone else slips on that water a moment later , there is no way the store Jacobs , Schwalbe & Petruzzelli , P.C . should have had knowledge of it . But if the spill had existed for an hour and no employees Cherry Hill | ( 856 ) 484 - 4229 movedto clean it up , that would probably meet the notice requirement . JacobsLawOffice.com Determining notice can often make or break a case , and this is where an experienced SOUTH JERSEY MAGAZINE volume 22 issue 8 SouthJerseyMagazine.com | 21