The rules are clear when you are injured on private property, whether you are a social visitor in someone’s home, and the Guest Statute applies, or on commercial property to purchase consumer goods, or eat at a restaurant. But what do you do if you are injured on public property? The government generally owns public property and does not profit from operating it because it is maintained for the good of the citizens.
You might trip and fall because a sidewalk is uneven and cracked, or a shelf of books could fall on you at the Wilmington Library. If you are injured because Elsmere, Wilmington, New Castle County, or their employees are negligent, you may wonder if the process for seeking and receiving compensation is the same as you would follow on private property. To ensure your case is handled competently, contact an Elsmere public property injury lawyer from Doroshow, Pasquale, Krawitz, and Bhaya. Our team of experienced premises liability attorneys is ready to help.
Filing Property Injury Lawsuits
Both public and private property owners usually carry insurance in case someone is injured on the premises. An insurance settlement circumvents more costly trials and can compensate an injured person more quickly when it is needed for medical bills, to supplement lost wages, and as an acknowledgment of emotional and mental stress. A premises liability attorney can often negotiate with Elsmere insurers for private and public property owners. The main difference occurs when an injured party decides to file a lawsuit. Most Delaware cities and counties have enacted a special, pre-lawsuit notice requirement, permitted under Delaware Code Title 10, § 4013(c). For instance, under Del. Code tit. 10, § 8124, people who intend to sue the City of Wilmington after sustaining a personal injury have one year to file a notice with the city’s mayor detailing the time, place, type of injuries, and cause. An injured person who forgets or fails to notify the mayor will be precluded from filing a lawsuit in civil court.
Negligence Is the Basis for Personal Injury Claims
Someone must be found negligent for an injured person to recover monetary damages from the wrongdoer. In the case of public property, the negligence may have to rise to the level of wanton or gross negligence before liability can be established. This means a commercial property owner, or a government entity or employee owed others a duty to act like a reasonable person would, but failed to, causing harm to the person owed the duty. An Elsmere public property injury attorney will review a prospective client’s case and explain its merits and the chances of prevailing in a lawsuit against the government.
Available Damages and Caps
An injured person with a successful claim could recover compensation for their economic losses, including medical bills and lost wages. It is rare for state laws to cap economic damages in injury cases. However, many states do cap non-economic damages. Non-economic damages are the ones awarded for a person’s pain and suffering, disfigurement, and emotional trauma.
Delaware does not cap any damages in personal injury cases if the defendant is not a government entity. Damages in cases against Delaware cities, counties, or their employees are capped. For all claims linked to a single occurrence, such as the library books that fall onto the person, causing a head injury, the cap is $300,000 unless the government body has a greater amount of liability insurance, according to Del. Code. tit. 10, § 4013.
Let An Elsmere Public Property Injury Attorney Guide You Through Red Tape
When you visit residential or commercial property, you expect owners to warn you about or fix dangerous conditions. Although that mandate also applies to property owned by the government, the process for compensation when you are injured because of negligence occurring on public property is slightly different.
However, if you do not follow the government’s rules, you will not be able to recover damages. For answers to your questions after an injury on public property, call an Elsmere public property injury lawyer to guide you through the red tape.