Dover Slip and Fall Lawyers

Under Delaware law, a slip and fall case can arise when a person is injured due to a dangerous condition on someone else’s personal or commercial property. Here are some key factors that may determine whether you have a valid slip and fall case under Delaware law:

• • Hazardous condition: A slip and fall case may be valid if a hazardous condition, such as a wet floor, uneven surface, or debris, caused the accident. The property owner may be liable if they knew or should have known about the dangerous condition and failed to address it.

  • Negligence: To have a valid slip and fall case, you must be able to prove that the property owner was negligent in their duty to maintain safe premises. This may involve showing that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to correct it.

  • Injuries: In order to have a valid slip and fall case, you must have suffered injuries as a result of the accident. These injuries may be minor or severe and include broken bones, head trauma, spinal cord injuries, and other serious medical conditions that require medical treatment, time off from work, physical therapy, and long-term care.

  • Comparative negligence: Delaware follows a modified comparative negligence rule, which means that your damages may be reduced if you are found to be partially at fault for the accident. For example, if you were texting while walking and didn’t see a “wet floor” sign, you may be found partially at fault for the accident and your damages may be reduced. Your facts and circumstances will be unique but this does not preclude a lawsuit.

  • Statute of limitations: In Delaware, slip and fall cases must be filed within two years of the date of the accident. If you fail to file your case within this time period, you may be barred from pursuing compensation.

If you have been injured in a slip-and-fall accident in Delaware, it is important to consult with an experienced attorney who can help you understand your legal options and fight for the compensation you deserve under the law. A knowledgeable attorney can evaluate the circumstances of your case, gather evidence, negotiate with insurance companies on your behalf and, if necessary, file a personal injury lawsuit to get the best possible outcome.

How Is Premises Liability Different Than Slip and Fall?

While slip and fall cases fall under the broader category of premises liability, there are important differences between the two. Here are some key ways in which premises liability cases may differ from slip and fall cases:

• • Scope of liability: Premises liability cases can arise from a wide range of dangerous conditions on a property, such as inadequate security, unsafe structures, and toxic substances. Slip and fall cases, on the other hand, typically involve injuries caused by a specific type of hazard, such as a wet floor or a cracked sidewalk.

  • Parties liable: In some cases, premises liability cases may involve multiple parties who are responsible for maintaining safe conditions on a property, such as landlords, property management companies, and maintenance contractors. Slip-and-fall cases may be more straightforward, with the liability falling primarily on the property owner.

  • Notice of hazard: In a premises liability case, the injured party may need to show that the property owner had notice of the dangerous condition and failed to take reasonable steps to correct it. In a slip and fall case, the injured party may only need to show that the dangerous condition existed and caused the accident.

  • Damages: Premises liability cases may involve a broader range of damages than slip and fall cases, such as lost wages, medical expenses, and pain and suffering. Slip and fall cases may focus primarily on compensation for medical bills and lost wages.

If you have been injured on someone else’s property in Delaware, it is important to consult with an experienced attorney who can help you understand the specific legal issues involved in your case. Whether you have a slip-and-fall case or a premises liability case, a knowledgeable attorney can help you navigate the legal process.