Falling is a part of life, and while injuries are usually minor and do not require medical attention, others can be catastrophic and cause devastating harm. Unfortunately, many of these incidents occur on a business property, such as an apartment complex or a store, because of the landowner’s disregard for the safety of their guests. The law requires property owners or those in charge of the premises to complete regular maintenance checks to protect visitors from getting hurt.
When you fall because of a property owner’s careless actions, you could collect a settlement from the at-fault party for your injuries and losses. Pursuing a claim without the assistance of an experienced personal injury attorney is a mistake. Instead, schedule a meeting with a hardworking Dover slip and fall lawyer at Doroshow, Pasquale, Krawitz, and Bhaya to get the legal support you deserve.
What Are Common Causes of Slip and Falls?
Examples of common reasons why people fall on a business property include:
- Weather conditions that create slippery walking areas, such as rain or snow
- Uneven walking surfaces, such as clutter, potholes, or loose floorboards
- Poor lighting, making it difficult to see hazards
- Defective handrails or banisters
- Tripping hazards such as loose wiring, clutter, or debris in walkways
- Unstable climbing equipment
- Recent waxing or liquid spills causing slippery walking conditions
- Loose, uneven, or torn carpeting
A slip and fall attorney in Dover has the knowledge and experience to review the case details and determine the liable party.
Visitors entering properties are either invitees, licensees, or trespassers. While trespassers cannot hold landowners financially responsible for property hazards, the other two groups of visitors can. Invitees enter the premises for business purposes, and licensees enter for social purposes. Landowners owe invitees the highest standard of care to prevent injuries.
What is the Modified Comparative Fault Rule in Delaware?
Property owners commonly argue that a plaintiff shares fault for the damages after a slip and fall on their property. Per the instruction in the Delaware Code Title 10, § 8132, the state civil court system follows a modified comparative fault rule.
The legislation allows the plaintiff to recover damages when they share a percentage of the fault. However, the court subtracts the portion of liability the defendant is not responsible for from the total award amount. If the civil court judge or the jury finds the plaintiff shares over 50 percent of the fault, the plaintiff cannot recover damages.
Some of the typical recoverable damages in civil actions include:
- Past, current, or ongoing healthcare expenses
- Loss of salary and potential earnings or other benefits
- Home renovations, transportation costs for medical appointments, medical equipment, or prescriptions
- Permanent disabilities or disfigurement
- Pain and distress
- Loss of enjoyment of life
A knowledgeable lawyer in Dover can review the statutes and answer specific questions regarding the plaintiff’s potential financial recovery.
Meet With a Seasoned Slip and Fall Attorney in Dover
You have the right to take appropriate action and recover money from the person responsible for your injuries or losses. A settlement could cover the costly medical expenses you require to recover and additional costs while you focus on getting better.
A skilled Dover slip and fall lawyer can guide you through the negotiations or civil court litigation process to collect the compensation you deserve. Call our attorneys today to review your case.