Delaware is one of the best states to truly experience every season to its fullest. From sunshine-filled beaches in the summer to picturesque snowy winter landscapes, Delaware has so much to offer in terms of natural beauty. However, albeit beautiful, Delaware winters can be harsh with the potential for devastating slip-and-fall accidents. Winter months transform sidewalks, parking lots, and roads into serious hazards.
Winter slip and fall accidents can result in incredibly severe injuries, including sprains, strains, fractures, and even head injuries. If you or a loved one were the victim of a slip and fall accident in Delaware, you may be able to hold the property owner accountable for your injuries. It’s critical to consult an experienced Dover slip and fall lawyer to discuss your legal options.
Proudly serving clients across Delaware, the skilled personal injury lawyers at Schmittinger & Rodriguez have helped tens of thousands of people see justice for their injuries. Backed by 62 years of combined experience advocating for clients like you, let us help you see the compensation you’re rightfully owed.
Common Causes of Winter Slip and Fall Accidents
Winter weather dramatically increases the risk of slip-and-fall accidents in Delaware. Many Delaware slip-and-fall accidents can be attributed to:
- Icy sidewalks
- Slippery parking lots
- Snowy or icy stairs or inclines
- Hazardous roads and driveways
- Improperly maintained entranceways and lobbies
- Public transportation facilities with ice or snow buildup
- Inadequate warning signs for potential hazards
Common Injuries Resulting from Winter Slip and Fall Accidents
Falls on ice and snow can lead to various injuries, ranging from minor to catastrophic. The most common injuries sustained following a winter slip and fall accident include:
- Scrapes, cuts, and lacerations
- Soft tissue injuries, including sprains and strains
- Joint damage
- Broken bones, most prevalently hip fractures
- Head injuries, including concussions, skull fractures, and traumatic brain injuries
- Back and neck injuries including herniated disk and spinal cord injuries
- Emotional distress and PTSD
Certain injuries, especially those affecting cognitive function, walking ability, or hand dexterity, may make it difficult for the injured person to continue working.
Understanding Delaware Slip and Fall Law
Delaware slip and fall law is complex and sometimes counter-intuitive. An experienced Delaware slip-and-fall attorney can help you better understand the legal landscape, your rights, and the laws that apply in your unique case.
The cornerstone of an effective slip and fall case is establishing that the party at fault was negligent, which led to your injury. There are four important elements that need to be established to prove negligence: duty, breach, causation, and damages. In winter weather, many property owners, especially those who operate property used by the public, owe a duty of care to others by maintaining their property to a safe standard and providing adequate warnings of potential hazards. From there, your attorney can help you show that the negligent party failed to meet this duty, which resulted in an accident that caused you harm.
Delaware operates under a comparative negligence standard, meaning that both the injured party and the negligent party (most often the property owner) can be assigned a percentage of blame for the accident and resulting injuries. The judge and jury would be responsible for assigning each party a percentage. Unfortunately, if the injured party is deemed more than 50% responsible for their injury, they cannot collect under Delaware law.
Depending on the severity and impact of your injury you may be able to sue the negligent party for the costs of:
- Medical treatment
- Physical therapy
- Rehabilitation costs
- Lost wages and future income
- Diminished earning potential
- Pain and suffering
- Emotional distress and mental anguish
- Permanent disability and disfigurement
- Loss of enjoyment of life
- Attorney’s fees and associated legal costs
Your Delaware Slip and Fall Accident Attorney
If you or a loved one have suffered an injury as a result of a slip and fall accident in Delaware at the hands of someone else’s negligence, turn to a trusted team of personal injury attorneys who will fight relentlessly so you see results. The skilled and seasoned personal injury team at Schmittinger & Rodriguez is ready to start fighting for you today. With 62 years of combined experience advocating for injured victims in Delaware and over 45,000 clients served to date, our team is ready to help you see fair compensation for the harm you have suffered. Contact us today for a free consultation.