A private property premises liability case is a personal injury claim arising from an injury that occurs on private property due to unsafe or hazardous conditions. Private property refers to property owned by non-governmental entities, such as rental houses, rental townhouses, the common area of condominiums, or commercial establishments like amusement parks, grocery stores, and gas stations. With the certain exceptions covered by Delaware’s Guest Statute, when an injury occurs on such premises, the property owner can be held liable for the damages.
If you have been injured while on private property, filing a claim as soon as possible is crucial. Businesses and property owners often have extensive resources and legal teams dedicated to defending against liability claims. Do not let the responsible party evade accountability for their negligence. You deserve justice and fair compensation. Contact a Wilmington private property premises liability lawyer from Doroshow, Pasquale, Krawitz, & Bhaya to ensure your rights are protected and to help you navigate the legal process effectively.
Common Private Property Premises Liability Claims
There are several scenarios that can qualify for a private property premises liability claim, with a wide range of potential injuries. Some common examples include:
- Slip and falls
- Animal attacks
- Swimming pool accidents
- Elevator/escalator malfunctions
- Negligent security
- Poor lighting
In Delaware, the statute of limitations for personal injury claims, including those related to private property premises liability, is two years from the date of the injury. Given the importance of adhering to deadlines and the complexity of these cases, it is advisable to consult with a private property premises liability lawyer in Wilmington as soon as possible to discuss your options.
Who Is Eligible to File a Claim?
In private premises liability cases, both the property owner’s identity and the injured person’s status are crucial. Different categories of individuals have varying rights and protections when it comes to filing a premises liability claim:
Invitees
These individuals are on the property for business purposes, such as customers in a store, restaurant patrons, or hotel guests. Invitees have permission to be on the property, and the property owner has the highest duty to provide a safe environment and protect them from foreseeable hazards. This includes remedying or warning of known hazards in addition to regularly inspecting for unknown potential dangers.
Licensees
These are individuals who visit the property for personal or social reasons, such as friends, family, or acquaintances. While they are not there for the property owner’s benefit, the owner must still warn them of known hazards that could lead to injury and ensure their safety as much as possible.
Trespassers
These individuals do not have permission to be on the property. Generally, property owners are not liable for injuries sustained by trespassers. However, exceptions exist, such as when the property owner has willfully or recklessly created a dangerous condition that could harm them.
If you are unsure about your status or rights in a private property premises liability case, it is essential to consult with a Wilmington lawyer. They can help clarify your role and guide you through your legal options to ensure you receive the compensation you deserve.
What To Do After Being Injured on Private Property
Taking the right steps after an accident on someone else’s private property is crucial. Here are some recommended actions to follow:
- Seek Medical Attention: Assess yourself for any immediate injuries and seek medical attention. Even if you believe your injuries are minor, it is wise to get checked by a medical professional. Some injuries may not be immediately apparent, and having a thorough medical record can be valuable for the claims process.
- Gather Evidence: If able, document the scene by taking photos, collecting contact information from witnesses, and writing notes about what happened. Strong evidence is essential for supporting your case.
- Obtain Incident or Police Reports: Secure copies of any reports filed by property management or the police. Inform the property management about the incident promptly. Be cautious about sharing too many details when working on these reports.
- Contact an Attorney: Before speaking with insurance companies or other parties, consult with a Wilmington private property premises liability attorney. Legal guidance is crucial to protect your rights and navigate the complexities of the claims process.
Taking these steps can help ensure that your case is well-documented and that you are prepared to pursue the compensation you deserve.
Call a Wilmington Private Property Premises Liability Attorney for Advice
If you or a loved one has been injured on someone else’s property, you may be entitled to hold the property owner accountable for your losses. Achieving a successful outcome requires compelling arguments and substantial evidence. Given the complexities of the legal system, having a skilled attorney by your side can significantly enhance your chances of a favorable resolution. Contact our Wilmington private property premises liability lawyers today to schedule a consultation and explore your legal options.