Slip and fall incidents can happen anywhere, from shopping malls to government buildings to everywhere in between. These kinds of incidents can result in serious injuries, potentially changing the trajectory of your life. In Delaware, the law provides avenues for victims to seek compensation for their damages caused by flooring fiascos.
Understanding how Delaware law handles slip and fall incidents is the best way for people who have been injured in such accidents to find relief. This blog will explore the legal aspects of slip and fall incidents in the state, the importance of legal representation, and how Schmittinger & Rodriguez can help individuals navigate their personal injury claims.
Delaware Law for Slip and Fall Incidents
A thorough comprehension of how the law pertains to your circumstances can enhance your chances of achieving a favorable result. Slip and fall cases vary, necessitating an exploration of the diverse incidents that may transpire.
Premises Liability Laws in Delaware
In Delaware, the premises liability laws broadly state that owners or occupiers of property have a legal obligation to maintain a safe environment for visitors. If a hazardous condition exists on a property and results in a visitor’s injury, the property owner can be held legally responsible. Slip and fall incidents fall under the umbrella of premises liability, which means that if you are injured in such an accident, you may have a legal claim against the property owner or occupier.
Duty of Care for Property Owners
The duty of care in Delaware requires that property owners take reasonable care to protect visitors from foreseeable harm, including possible slip and fall incidents. This means keeping walkways clear, promptly cleaning up spills, adequately lighting areas, and warning visitors of potential hazards. If a property owner fails in this duty of care and someone is injured as a result, they could be held liable for the damages.
Comparative Negligence in Delaware
In some slip and fall incidents, the injured party may be partially at fault for their own injury. Delaware operates under a comparative negligence law, which means the court will determine the percentage of fault for both parties. If you’re found to be partly at fault, any compensation you receive will be reduced by the percentage you are to blame. For instance, if you’re found to be 10% responsible for your slip and fall incident, you would only be able to recover 90% of your total damages.
Legal Options for Victims of Slip and Fall Incidents
If you have been a victim of a slip and fall incident in Delaware, know that there are various legal actions you can take to secure compensation for your injuries. Some of them are as follows:
Seeking Compensation for Damages
Damages in a slip and fall accident can range from medical expenses to lost wages, pain and suffering, and even permanent disability. Delaware law allows you to seek compensation for these damages from the property owner or occupier. To do this, you must be able to prove that the property owner’s negligence caused your injury, which can be challenging without legal assistance.
Filing a Personal Injury Claim in Delaware
The first step towards getting compensation is filing a personal injury claim. In Delaware, you have two years from the incident date to file this claim. If you fail to file your case within this period, you may lose your right to compensation. Acting swiftly and securing legal counsel is imperative to bolster your prospects of a successful claim.
How Schmittinger & Rodriguez Can Help
Dealing with a slip and fall incident can be overwhelming, especially when you’re dealing with injuries. That’s why having experienced legal representation is crucial. Schmittinger & Rodriguez have extensive experience in handling slip and fall cases. Our firm understands the intricacies of Delaware law as it pertains to these types of incidents, and we fight tirelessly to ensure our clients receive the compensation they deserve.
In our years of practicing law in Delaware, we have a solid track record in handling personal injury claims. Our clients benefit from our knowledge and expertise, which help us strategize the best legal path to take for every unique case. We’ll stick by you every step of the way to get the best outcome to your case we possibly can.
Get Help for Your Slip and Fall Case Today
In Delaware, property owners have a duty to maintain a safe environment. If you fell and were injured as a result of a hazardous condition, you have the right to file a claim and seek compensation. Legal representation with Schmittinger & Rodriguez can help you understand your rights, make a strong case, and increase the likelihood of receiving compensation.
Don’t let a slip and fall incident interfere with your life any longer. Contact Schmittinger & Rodriguez today at (302) 674-0140 or contact us for a free consultation. Let us help you move forward from this challenging situation.
