Property owners and managers have a duty to keep certain visitors reasonably safe from dangerous conditions on their premises. If a landowner does not fix or warn about hazards on their property, these conditions could lead to serious injuries. In this event, injured visitors may have legal options for holding the negligent property owner or manager accountable for their losses.
If you slipped and fell due to dangerous conditions on someone else’s property, speak to a dedicated attorney at Doroshow, Pasquale, Krawitz, and Bhaya. A Wilmington slip and fall lawyer can explain your options for civil litigation and, if you have valid grounds for a claim, help you pursue the compensation you need to recover.
When Can Someone File Suit for a Slip and Fall?
Importantly, a person seeking restitution for a slip and fall incident must file suit within the statute of limitations. Specifically, under Delaware Code Title 10 §8119, slip and fall claims are subject to a two-year filing deadline. If an injured person waits too long after an incident to file a claim, they will likely be barred from recovering any compensation from the at-fault party.
If a prospective plaintiff files within the statute of limitations, their right to demand compensation depends on whether they can prove that the defendant engaged in unreasonably negligent behavior. This can be a more difficult and nuanced task than in may seem. For instance, say that a visitor slipped and injured themselves on a spill that was left uncleaned in a store. The owner may or may not be liable, depending on how many employees they had available at the time, how regularly they inspected their premises, and whether they were aware of the spill.
Because these cases are dependent on many factors, it is crucial for slip and fall victims to work with experienced legal counsel to discuss the viability of their claims. At our Wilmington office, our attorneys can collect relevant evidence from a tripping incident and work to establish a property owner’s negligence in a civil claim.
Civil Recovery for Trip and Fall Injuries in Wilmington
If a trip and fall victim and their lawyer can prove a property owner’s negligence, they should be able to hold that person accountable for a variety of damages. These may include:
- Emergency medical bills
- Expenses for outpatient care
- Prescription pain medications
- Lost work income
- Loss of future earning capacity
- Damage to personal property
- Pain and suffering
- Loss of enjoyment of life
However, defendants in these types of claims often try to avoid liability by claiming that a plaintiff was partially responsible for their own injuries. Without a skilled attorney to defend against these allegations, an injured victim could have their damage award reduced depending on their degree of fault for the incident. In addition to proving a property owner’s negligence, a local slip and fall attorneys can also work to disprove fault by a plaintiff and maximize their recovery.
Get in Touch with a Wilmington Slip and Fall Attorney
A sudden fall can result in painful and even debilitating injuries, especially for elderly or otherwise vulnerable individuals. Unfortunately, it can be difficult to hold property owners liable for dangerous conditions on their premises without legal training.
As such, injured victims should retain the services of a Wilmington slip and fall lawyer at our firm. The knowledgeable attorneys at Doroshow, Pasquale, Krawitz, and Bhaya can fight for your legal rights and allow you to focus on healing from your injuries. Call today to discuss your situation and learn how we can help.