$ millions
recovered For our clients
You Are Entitled To Compensation For Premises Liability
Schmittinger & Rodriguez understands that a slip and fall accident can happen in an instant and can leave you with serious injuries and financial hardships. That’s the harsh reality. The good news is the law states that property owners have a legal obligation to ensure their premises are safe for visitors and guests, and when they fail to meet this duty, they can be held liable for any injuries that occur. This is an area of personal injury law known as Slip and Fall and Premises Liability.
According to the National Safety Council, slip and fall accidents are the third leading cause of unintentional injury-related deaths in the United States, and they account for 1 million emergency room visits each year. Additionally, the Occupational Safety and Health Administration (OSHA) reports that slips, trips, and falls account for 15% of all accidental deaths, and they are the leading cause of workers’ compensation claims.
In Delaware, slip and fall accidents and other premises liability incidents can occur in a variety of settings, including stores, restaurants, apartment buildings, and private homes. These accidents can result in serious injuries, such as broken bones, head trauma, and spinal cord injuries, which can require extensive medical treatment and lost time from work.
Our experienced team of slip and fall lawyers has decades of combined experience advocating for clients with personal injury claims arising out of fall accidents. Our legal team knows the legal issues, local, laws, your legal options, and how to recover compensation from the negligent party or from someone else’s negligence.
What Constitutes A Slip & FallCase Under DE Law?
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 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 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 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, and negotiate with insurance companies on your behalf and, if necessary, file a personal injury lawsuit to get the best possible outcome.
Contact Schmittinger & Rodriguez
If you have been injured due to someone else’s negligence, don’t hesitate to contact Schmittinger & Rodriguez. Our experienced attorneys will provide you with the legal counsel and representation that you need to get the best possible outcome for your case. Contact us today for a free consultation – YOUR CASE. OUR PRIORITY.
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Premises Liability vs. 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 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.
What Kinds Of Slip and Fall Claims Do You Handle?
Our slip and fall attorneys have years of experience and have handled a wide range of personal injury claims that arise out of falls including:
Slip and fall accidents on wet or slippery surfaces, such as spills, leaks, or icy sidewalks.
Trip and fall accidents caused by uneven or broken flooring, sidewalks, or stairs.
Falls caused by inadequate lighting or lack of handrails.
Injuries caused by falling objects, such as merchandise or debris.
This list is not exhaustive. There are many ways you could be injured on someone’s property as a result of negligence. A slip-and-fall attorney is best educated to evaluate your case and how to proceed under the law.
What Kinds of Premises Liability Claims Do You Handle?
Severe injuries suffered on another’s property is a type of claim our personal injury attorneys have decades of experience handling. These include:
Dog bites or other animal attacks on someone else’s property
Swimming pool accidents, including drownings or near-drownings
Injuries caused by fires, explosions, or other hazardous conditions on someone else’s property
Assaults or robberies due to inadequate security measures
Whether you have a slip and fall case or a premises liability claim, the slip and fall lawyers at Schmittinger & Rodriguez have the skill and experience to recover the money you are entitled to for your injuries from the property owner responsible for your injuries. Your best bet, when injured, is to retain an attorney who can recover for you the fair compensation you deserve.
I Have Suffered A Slip and Fall or Premises Liability Injury?
If you have suffered a slip and fall or premises liability injury in Delaware, here are some steps you should immediately take:
- Seek medical attention immediately, even if your injuries seem minor. Not every injury is immediately apparent so you want to get medical care and follow-up appointments with doctors.
- Report the incident to the property owner or manager and ask for a written record of the incident from the owner, the police, and/or other first responders.
- Gather as much evidence as possible, such as photos of the hazard or dangerous conditions; obtain the contact information of any witnesses; and names of any person who took a report. You also want to maintain any relevant documents, such as medical records or lost wage statements that will be used as proof of damages.
- Do not give a recorded statement or sign any documents, especially from any insurance company, without consulting with a personal injury lawyer. The insurance company will do anything to try and make your case go away
- Contact a skilled Delaware slip and fall lawyer who has experience in handling slip and fall and premises liability cases. An experienced lawyer can evaluate your case, explain your legal options, and help you pursue the compensation you deserve.
- Follow your doctor's instructions and attend all necessary medical appointments to ensure your injuries are properly documented.
- Keep track of all expenses related to your injury, such as medical bills, lost wages, and property damage.
- Do not discuss your case with anyone, especially an insurance company, other than with your fall attorney. In addition, make no social media posts regarding the incident or your injuries as a post can be used against you in court at trial.
By taking these steps, you can protect your legal rights and increase your chances of obtaining a favorable outcome in your slip and fall or premises liability case.
What Will A Personal Injury Attorney Do For Me?
If you are a resident of Dover, DE, or for that matter anywhere in the state, and you have been injured due to someone else’s negligence or intentional act, you may wonder whether you need to hire a personal injury lawyer. Here are some of the ways that personal injury lawyers can assist you:
- Investigate your case: A personal injury lawyer can investigate your case and gather evidence to determine who is responsible for your injuries. This may involve interviewing witnesses, reviewing police reports and medical records, and consulting with experts in various fields.
- Assess your damages: A personal injury lawyer can help you calculate the damages you have suffered as a result of your injury, including medical expenses, lost wages, pain and suffering, and future medical needs.
- Negotiate with insurance companies: Insurance companies are notorious for trying to pay out as little as possible on personal injury claims. Your personal injury lawyers can negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your injuries.
- Represent you in court: If your case goes to court, a personal injury lawyer can represent you and argue your case before a judge and jury. They will present evidence and testimony to support your claim and fight for your rights as a victim.
- Provide legal advice and guidance: A personal injury lawyer can provide you with legal advice and guidance throughout the entire process, from filing your claim to negotiating a settlement or going to court. They can answer your questions and help you make informed decisions about your case.
The bottom line is a serious injury claim is a serious matter. You need time to recover. What you don’t need is emotional energy spent on medical bills and the legal issues that need to be resolved. This is the job of you Delaware personal injury lawyers, here in Dover, DE, Kent County, and throughout the state.
Why Schmittinger & Rodriguez Is Right For You
At Schmittinger & Rodriguez, we understand how stressful it can be to deal with serious injury arising out of a slip and fall. It’s a traumatic, emotional, and financially difficult time with mounting medical bills, time away from work, and time spent recovering. This impacts you and your family’s daily life.
Our team has decades of combined experience handling personal injury law, and we know how to effectively deal with insurance companies to ensure that our clients get the compensation they deserve. We also have a deep understanding of Delaware law and will provide dedicated legal representation throughout your case. Our experienced attorneys are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you or someone you love has been injured in a slip and fall or premises liability case, contact Schmittinger & Rodriguez today for a free consultation so that we can help you obtain justice and fair compensation for your losses. YOUR CASE. OUR PRIORITY.
