Slip and Fall Lawyers in Delaware

Seeking Justice in Delaware Premises Liability Cases

No one starts their day expecting to be injured. Unfortunately, this is a common experience for many. Dealing with such an injury is already unfortunate enough, but when your losses are caused by someone else’s negligence, the situation becomes even more disheartening. Such incidents sometimes occur when individuals are injured due to unsafe conditions on another person’s property. In such cases, injury victims may benefit from contacting a slip and fall lawyer in Delaware.

At Schwartz & Schwartz, we understand how complex premises liability laws can be. That’s why we strive to provide as much information as possible during our free initial case evaluations. We believe it’s important that you understand how the law protects your rights and what compensation you may be entitled to. Don’t risk a costly mistake by trying to handle your case on your own. Our Delaware personal injury attorneys are on standby and ready to assist.

What Is Premises Liability?

Slip and fall cases in Delaware fall under the state’s premises liability statutes. These laws dictate that property owners and occupiers must provide an environment safe for those who may be on the property. For instance, imagine a situation where a grocery shopper trips over an exposed wire and suffers injuries in their favorite supermarket. If it’s proven that the store’s negligence contributed to the accident, they may be held liable for potential damages.

Premises liability laws vary significantly by state. Simply stepping over the border of Delaware into New Jersey will expose you to separate liability rules that dictate the outcome of any personal injury claim. Fortunately for injury victims, all states impose some form of duty on property owners. Who this duty applies to, how far it extends, and who the duty is owed to can vary by location, but there are laws in effect meant to help you seek justice if you’re wrongfully injured due to negligence.

Who’s Liable for My Slip and Fall Accident in Delaware?

Liability is complex in any type of personal injury or wrongful death case in Delaware. The rules become even more complex, though, when a slip and fall injury occurs. That’s because our state imposes certain requirements regarding whether a lawsuit can move forward in a premises liability case. It all comes down to who you are in relation to the owner or occupier of the property you’re injured on. Individuals will typically fall into one of the three categories:

• Guest without payment: Anyone who is allowed on the property of a private residence — whether they’re an invitee or licensee — is in this category.
• Trespasser: Anyone who should not be on a property falls into this category. This can be a complex area since implied permission may be given in some instances.
• Business invitee: Any person who visits a place of business is known as a business invitee.

Of the three categories above, only business invitees typically have a right to pursue compensation against negligent property owners. Trespassers and guests without payment are treated the same under the law, and they can only bring forward lawsuits in certain circumstances. For instance, intentionally causing an injury can result in a cause of action against the property owner or occupier. The same is true for wanton or willful disregard of the rights of others.

Additionally, Delaware dog bite cases can also result in liability for the property owner or occupier. That’s because dog attacks fall under Delaware’s strict liability rules. This means an injury victim may be entitled to compensation regardless of the visitor category they belong to. This all is obviously complex, so don’t hesitate to contact a slip and fall lawyer in Delaware to better understand your rights.

Is There a Time Limit for Filing Slip and Fall Cases?

Like many other personal injury claims, there is a statute of limitations regarding Delaware slip and fall cases. From the time of your injury, you have two years to file a case. Failure to seek compensation within this time can permanently disqualify you from doing so. However, this is another instance where variations in state law can come into play. For instance, if you were injured while visiting Maryland, you’ll have three years to file your slip and fall lawsuit.

Unfortunately, our slip and fall lawyers in Delaware frequently run into people who procrastinate. After all, even two years is more than enough time to seek compensation. Right? Unfortunately, this time can go by quickly. Additionally, every minute you wait is another minute when you’re paying out of pocket for lost wages, medical bills, and other expenses. More importantly, these cases often become more difficult to prove as time passes. Don’t risk maximum compensation by waiting.

How Can a Delaware Premises Liability Attorney Help?

One of the most important ways that a slip and fall attorney in Delaware can assist you is by helping you understand your rights. While premises liability law may be strict in our state, there are typically many ways to hold negligent parties accountable for their actions. Even if you’re injured at a private residence — where Delaware law often bars compensatory recovery — we may still be able to show that your injury was due to actionable liability.

Additionally, a legal professional can deal with the complexities of settlement negotiations and litigation on your behalf. These are both complex processes, and insurers and their attorneys will no doubt try to take advantage of you. A Delaware slip and fall attorney can help avoid this possibility. However, the most important benefit is that individuals with representation receive higher financial compensation on average. Don’t risk leaving money on the table. Contact an attorney today.

Contact Our Slip and Fall Lawyers in Delaware Today

Premises liability in Delaware is particularly complex. Whether an injury victim is entitled to compensation can depend on the owner’s liability standard, whether the victim was on residential or business property, and a variety of other issues. The important thing is to not assume whether you’re able to recover compensation. A simple misunderstanding can result in an unfair outcome for you. A legal professional can prove invaluable in helping you understand your rights.

At Schwartz & Schwartz, Attorneys at Law, our personal injury lawyers have spent years fighting diligently for the rights of our clients. Laws have changed over time, and courts have changed their interpretations of those laws. Regardless, our goal has always been to help secure maximum compensation for injury victims. Contact us today by calling (302) 678-8700. Our slip and fall lawyers in Delaware are ready to help you seek justice.