Accidents happen every day. In most cases, they result in a few scrapes and bruises and a reminder to be more attentive. Unfortunately, some unexpected mishaps are not always so benign. Tripping on a crumbling sidewalk or slipping on a wet floor can cause broken bones, head trauma, or other serious injuries that require intensive medical care and weeks of recovery.
Property owners and tenants are responsible for maintaining a safe environment for those who use it. If you were injured on someone else’s property, they may be held liable, and you may be eligible for compensation for medical costs, pain and suffering, and lost wages. A skilled Bear private property liability lawyer can help you prove that the property owner failed to uphold their responsibilities and get you the compensation you deserve.
Proving Negligence in a Property Liability Claim
Getting injured on someone else’s property does not automatically make the homeowner or tenant responsible. For example, a guest who trips over their own shoelaces and breaks their ankle is not eligible for compensation. According to Delaware Code, Title 25 § 1501, a guest or trespasser only has a course of legal action against a property owner when they suffer injuries as a result of intentional acts or willful or wanton disregard of others’ safety.
A property owner who is aware of unsafe conditions and fails to fix them shows wanton disregard for the rights of individuals who may be injured. However, an injured person has the burden of proof to show that the property owner or occupier knew or should have known about the hazard. A Bear premises liability attorney can use various types of evidence and in-depth knowledge of private property injury laws to help you show why a property owner was negligent.
Who Can Be Held Liable for Injuries on Private Property?
It’s easy to assume the owner is responsible for injuries that occur on private property. However, this is not always true. Any of the following individuals may be partially or fully liable for injuries sustained on private property in Bear, and a lawyer can help you determine who.
Property Owner
Property owners have a responsibility to keep their environment safe. When dangerous conditions arise, like an icy walkway, the property owner is obligated to repair the issue or notify guests to prevent injuries. A property owner can also be found liable for unsafe conditions they were unaware of that caused harm to a guest. A property owner owes a duty of care to invitees to be aware of unsafe conditions that may cause them harm.
Tenants
A tenant can be held responsible for a guest’s injuries when their negligence causes the injury. For example, if a spill causes a guest to fall or their dog bites a guest, the tenant (instead of the property owner) is responsible for the injury.
Injured Individuals
Under Delaware’s comparative negligence law, both a victim and a property owner can be found partially at fault for the injuries. However, this does not mean you will not be eligible for compensation. If you are not more than 50% at fault for the accident, you can receive the recommended compensation minus the percentage of fault you hold. For example, if you are found 25% at fault, you are still eligible for 75% of the compensation awarded in a settlement.
Contact an Experienced Bear Attorney for More Information About Private Property Accidents
If you were injured on someone’s private property, you may be eligible for compensation. However, proving liability for such injuries can be challenging. With the help of a Bear private property liability lawyer from The Law Offices of Doroshow, Pasquale, Krawitz, & Bhaya, you can present evidence to prove that your injuries were caused by the property owner or occupier’s negligence and get compensation for your medical expenses and other damages. Contact us today to learn more about property negligence and seek justice for your injuries.