Premises liability is based on the responsibility business owners have to keep those who visit their properties from sustaining harm. There is no liability for injuries to persons entering on to residential or farm land in Delaware, unless the owner is liable for wanton or willful negligence. This is known as the Guest Statute. As to non-residential or farm land, the amount of responsibility an owner has to someone on their land is dependent on the reason they are visiting and whether they are an invited guest, or a trespasser.
When you are hurt on someone else’s business property, you could be eligible to pursue monetary compensation for your injuries and losses, also known as damages. This potential for compensation can provide some relief in a difficult situation. To learn more about damages in an Elsmere premises liability case, contact Doroshow, Pasquale, Krawitz & Bhaya today.
Types of Visitors
It is important to understand that business landowners are legally responsible for the safety of lawful visitors. A visitor might be deemed a “licensee” if given permission to enter the land for their own purposes, such as a utility workers allowed access for repairs, or they might be deemed an “invitee” when access is offered (invitation) for the benefit to the owner, such a customer allowed entrance to a store to conduct busies with the owner. Landowners have a duty to warn licensees of any known dangers, but their duty is higher towards invitees, including promptly repairing known hazards and actively inspecting the property for any unknown dangers.
Visitors who are unlawfully on a property are trespassing, and the only duty owners have to an adult trespasser is not to intentionally harm them. For example, if they are wandering on the property and drown while swimming in the creek, the owner is absolved from having to pay the family a wrongful death award. However, there are exceptions to the law for child trespassers under the attractive nuisance doctrine that could allow a family to seek compensation for injuries even if they were unlawfully on someone else’s property.
Seeking the guidance of an Elsmere attorney from our firm is not just a good idea; it is the best way to determine whether a viable premises liability claim exists and what damages may be available. We understand the complexities of these cases and are here to support you.
Compensatory Damages
Like most personal injury lawsuits, damages for a premises liability case are awarded by an Elsmere jury to figuratively make the plaintiff whole after losing something valuable at the hands of the defendant. Compensatory damages are divided into economic and non-economic categories. Economic damages are easily calculated because the plaintiff has already paid to cover their losses or can calculate the ones they will pay. These include money paid out for medical bills and to repair or replace damaged property, as well as wages that will not be paid while the plaintiff is unable to work.
Calculating non-economic damages is more complex. The jury will assign a dollar value to subjective losses after hearing testimony and reviewing evidence. These losses can include recurring pain, depression, no longer enjoying life, or lowered self-esteem due to disfigurement.
While many states cap non-economic damages, Delaware does not. That means the plaintiff will take home whatever the jury comes up with.
Punitive Damages
Delaware does permit plaintiffs to plead separately for punitive damages, which are meant to punish a defendant who has acted egregiously, with wanton disregard for the plaintiff’s life, with evil intent, or intentionally to harm the plaintiff. These awards are also meant to dissuade others who are considering acting in the same manner. In Delaware, compensatory damages must be awarded before punitive damages can be considered. Delaware does not cap punitive damages, but they must be reasonable in relation to the compensatory damages awarded.
Talk to an Elsmere Attorney About Damages in a Premises Liability Case
When you go about your day, you should be able to do so without the worry of being harmed. Unfortunately, this is not always the case. When you sustain injuries on someone else’s property, you may be eligible for compensation to help recover the cost of your losses. To learn what damages may be available in your Elsmere premises liability case, call the experienced team at Doroshow, Pasquale, Krawitz, & Bhaya today.