When you sustain an injury on another person’s business property, the circumstances of the incident may entitle you to file a claim for compensation. This compensation could cover the damages related to your injury, including your pain and suffering, lost earnings, and medical expenses. A Milford premises liability lawyer can help you take action and pursue justice against those at fault for your injury. Reach out to Doroshow, Pasquale, Krawitz, & Bhaya today to schedule a consultation with a skilled personal injury attorney.
What Is Premises Liability and How Does It Work?
Premises liability refers to a person or business’s legal responsibility for the injuries that occur to others on their commercial property because of an unreasonably dangerous condition. An example of a dangerous condition could be as simple as a wet floor that someone slips on or an exposed electrical wire that shocks a visitor, or it could be ice left on a sidewalk of the common area of an apartment complex.
Like most states, Delaware imposes a duty on property owners who invite others onto their land for business purposes to keep it free of dangerous conditions. This can include a duty to discover or foresee these dangerous conditions within a reasonable timeframe and to address them for the safety of guests. A landowner could address these dangerous conditions by removing them or providing adequate warning about their existence.
The visitor’s status on the property determines the duty of care. For example, Delaware Code Section 1501 limits the liability of property owners to trespassers to only those injuries that arise through an intentional, willful, or wanton disregard for their safety. A Milford premises liability attorney can discuss the other categories of visitors and an injured person’s status during an initial meeting.
Comparative Negligence
Premises liability cases can arise from circumstances that place fault with multiple parties in addition to the property owner, including the injured person. A person could ignore signs warning them of dangerous conditions or engage in other unreasonable conduct while on the property. For example, wearing inappropriate footwear in inclement weather can create a risk of slipping and falling.
Delaware applies its comparative negligence rule in these cases. The effect of this rule is that it reduces a plaintiff’s compensation by their percentage of fault for their injury. If that fault is greater than the fault of the other liable parties (i.e., more than 50 percent), the injured person cannot recover damages against them. A premises liability lawyer in Milford will focus on maximizing potential settlement or award amounts while providing evidence to minimize shared fault.
The Deadline to File a Premises Liability Case
Delaware has a two-year statute of limitations under Code Section 8119 for filing personal injury claims, including those involving premises liability. However, an exception does exist for personal injury claims arising from a construction defect under Section 8127. A six-year limitation period applies and begins from the earlier date of injury or the limitation period stated in the construction contract. An injured person must file their claim within the applicable deadline to retain their right to pursue damages.
Meet With a Milford Premises Liability Attorney Today
Another person’s neglectful maintenance of their property can leave you with debilitating injuries that limit your ability to work and diminish your quality of life. A premises liability lawsuit is an important tool for obtaining compensation that can aid in your recovery. Our Milford premises liability lawyers can meet with you to discuss possible claims after an injury. Let us take the lead in handling legal matters so you can focus on recovery. Reach out today to get started.