Slip and fall incidents can be extremely painful and cause serious injury to your back, neck, and other extremities. When these injuries occur, it is important to understand your available rights and remedies under Delaware’s premises liability laws. These laws protect your right to recover compensation from property owners whose neglect is the reason for your slip and fall injury. You can work with our Milford slip and fall lawyers in these cases to help you discover available claims and pursue compensation through a jury verdict or settlement. Reach out to the trusted personal injury attorneys at Doroshow, Pasquale, Krawitz, & Bhaya today to learn more.
Common Causes of Slip and Fall Injuries
A slip and fall incident can happen in a variety of contexts and circumstances. The most common causes of injury from a slip and fall include:
- Snow and ice build-up on sidewalks and stairs
- Spills and liquids
- Debris and obstacles in walkways
- Uneven sidewalks
- Tears in carpet
- Poor lighting
A Milford slip and fall attorney can review the details of an event to determine its cause and whether a viable claim for compensation exists. If so, they can gather evidence to prove liability and pursue damages for all losses from the incident.
Premises Liability Laws
Premises liability occurs when a commercial property owner is negligent in their duty to protect visitors from unreasonably dangerous conditions. The exact duty a property owner has to a visitor depends on that visitor’s status and their reason for being there.
Delaware property owners owe the most obligations to visitors who are on their premises for business purposes, as explained in Jury Instruction 15.1 and 15.2. Their obligations include keeping the property in a safe condition, warning of any known dangers that cannot be immediately remedied, and inspect or discover any unknown hazards in a reasonable time. In contrast, a person who enters another person’s property as a trespasser does not have the same protections from landowners in Delaware. Premises liability will only exist in those cases if the property owner engages in intentional, willful, or wanton actions that cause injury.
A slip and fall lawyer in Milford can help an injured person understand whether a property owner’s actions are considered negligent.
What If a Slip and Fall Incident Aggravates a Pre-Existing Injury?
A slip and fall incident does not always result in a new injury but can aggravate a pre-existing one. Property owners can still be liable for the damages from a pre-existing injury. However, recovery can be more difficult in these cases because of disputes over the state of a person’s medical condition from before and after the slip and fall.
Compensation Available in a Slip and Fall Case
After a slip-and-fall incident, a person can recover compensation for several types of damages related to their injury. These are typically grouped into two categories: economic and non-economic. Economic damages include financial losses such as medical bills, lost wages, property damage, or diminished working capacity. Non-economic damages are more subjective and include pain and suffering, emotional trauma, and a loss of enjoyment of life.
Delaware’s comparative fault rule can also apply in some slip and fall cases where the plaintiff had some responsibility for the events leading up to their injury. For example, a person who runs in a store following a heavy rainstorm may be held partially liable for their own injuries. The comparative negligence rule will reduce the plaintiff’s compensation by their percentage of fault and can prevent any recovery when that percentage is over 50 percent. Working with a Milford attorney after a slip and fall is the best way to maximize potential compensation and minimize allegations of shared fault.
Let a Milford Slip and Fall Attorney Help Recover Damages
A Milford slip and fall lawyer can help you evaluate potential damages you may have after a slip and fall incident on another person’s property. They can also begin the process of obtaining compensation from the liable property owner, including any available insurance policies that you can make a claim against. Delaware has a strict two-year filing deadline for premises liability claims for a slip and fall, so it is important to meet with an attorney as soon as possible after sustaining an injury. Schedule a consultation today.