Delaware Slip & Fall Laws
No one wants to think about getting hurt, but accidents and injuries happen. People who get hurt or who own a property that results in someone's injuries can be involved in so called "slip and fall" cases. Like every other state, Delaware recognizes the common law tort of negligence, from which slip and fall cases arise. The laws governing these cases come from both statutory provisions and case law.
Other People Are Reading
-
Duties of the Property Owner
-
Slip and fall cases stem from the common law provisions of negligence. Negligence is a recognized form of tort (lawsuit) whereby someone can sue to recover damages for the actions of another that weren't accidental. In slip and fall cases, the person who was hurt in the accident (the plaintiff) generally sues the property owner (the defendant) because they violated their duty to keep their property safe.
Claims
-
Negligence claims generally involve situations where, for example, ice was not properly removed, sidewalks were improperly maintained, properties with hidden obstructions, dangerous flooring, slippery pavements, and so on. If a court, or jury, finds that the property owner violated his duty to keep the property safe, the property owner can be held liable for the injuries the plaintiff suffered as a result of the slip and fall.
-
Damages
-
Delaware law allows for plaintiffs to recover damages for injuries sustained in a slip and fall accident. These can include damages for medical care, pain and suffering, and lost earning potential. The amount of damages awarded will usually depend on the nature of the injury sustained. Significant injuries that involve spinal cord damage, brain injury, and even death will usually result in much higher damage awards.
Contributory Negligence
-
As slip and fall laws almost always involve claims about the negligence of the property owner, claims of contributory negligence in these cases is often encountered. Essentially, contributory negligence is the idea that the it wasn't just the property owner's fault, but also the fault of the person who was hurt. In Delaware, claims of contributory negligence will not bar a plaintiff from recovering damages as long as their own negligence was not more than defendant's. However, the amount of damages the defendant will have to pay can be limited in proportion to the plaintiff's negligence.
-
References
- Photo Credit slippery sucker image by John Sfondilias from Fotolia.com
