Unfortunately, injuries can occur anywhere, at any time. People get hurt while they are out shopping, walking through a parking lot, or even visiting someone’s privately owned property. However, depending on where an injury occurs and what circumstances led up to it, you may be able to be made whole by filing a premises liability lawsuit.
Anyone who suffered harm on property owned or operated by someone else should speak with an Elsmere premises liability lawyer to learn their legal options. Because property liability cases tend to make for complicated civil claims, guidance from an experienced personal injury attorney is often necessary to succeed in court.
A Landowner’s Duty in Property Liability Claims
When a business owner or manager opens their property to the public, they take on a responsibility to ensure reasonably safe conditions for every lawful visitor who steps onto their land. When it comes to business invitees like retail customers, property owners must regularly inspect their premises and either fix or warn of hazards once they become aware of them.
Types of Premises Liability Cases in Elsmere
There are several ways in which a business owner or manager could fail to fulfill this obligation. For example, leaving a spill in a store aisle for several hours of operation could allow a customer to slip and fall. Our local attorneys are also experienced in handling property liability claims involving:
- Broken floor tiles
- Frayed pieces of carpeting
- Poorly maintained staircases
- Malfunctioning lighting
- Negligent external security features
In some cases, property owners may even bear liability for harm suffered by trespassing children if their injuries stemmed from an “attractive nuisance” like an unsecured swimming pool. A skilled premises liability attorney in the area can advise on whether a particular incident may warrant a civil claim.
Liability Restrictions for Injuries on Private Property
Unfortunately, state law places restrictions on the rights of trespassers, licensees, and private invitees in filing premises liability claims. According to Delaware Code Title 25 §1501, visitors to private residential or farm property can only file suit for premises liability if they can prove the owner knowingly acted with intent to harm them or displayed “willful or wanton disregard” for the safety of visitors. This is true regardless of whether they were trespassing.
Additionally, all property liability claims are bound by the two-year statutory filing deadline set by Delaware Code Title 10 §8119. Working with a lawyer who focuses on property liability in Elsmere is often essential to navigating these potential obstacles and maximizing chances of recovery.
Talk to an Elsmere Premises Liability Attorney Today
Compared to other states, Delaware law makes it difficult to successfully sue for injuries sustained on someone else’s property. It is even more challenging to file suit without support from someone with a legal background in premises liability law than other civil cases.
Fortunately, an Elsmere premises liability lawyer can provide experienced guidance in pursuing the compensation you deserve. If you were injured due to someone’s negligence in keeping their property safe, call Doroshow, Pasquale, Krawitz, and Bhaya today to discuss your legal options for pursuing recovery.