Slip and fall accidents are common occurrences. Though most are minor, some injuries can be quite serious, leading to future health complications. Slip and fall injuries have been known to burden the victim with medical bills, recovery periods, and other unforeseen consequences. Slip and fall accidents are different than other injuries because it is harder to assign fault and sometimes harder to compel the victim’s insurance to pay medical bills and compensate for lost wages.
In a slip and fall accident in Delaware, we have to very careful to proceed. If you are in someone else’s home, Delaware maintains what’s called the guest premises statute. It may limit your ability to recover from the homeowner.
Delaware code 1501 states:
“No person who enters onto private residential or farm premises owned or occupied by another person, either as a guest without payment or as a trespasser, shall have a cause of action against the owner or occupier of such premises for any injuries or damages sustained by such person while on the premises unless such accident was intentional on the part of the owner or occupier or was caused by the willful or wanton disregard of the rights of others.”
This law does not protect store owners and public facilities because your presence is a benefit to them as a business or entity. They are held at a higher standard than a homeowner. If you’re in a public place, such as a store or a supermarket, there may be an opportunity to bring a case for your injuries. If the owner of a property caused the hazard or neglected to take care of the dangerous surface in due time causing your injury, they may be liable for damages.
Consult an attorney at Mattleman, Weinroth & Miller, P.C. to discuss your claim. We are experienced Delaware personal injury attorneys who know the nuances of Delaware law. Protect yourself from possible future complications and know your rights.