Delaware Premises Liability Lawyers Protecting the Rights of the Injured
In Delaware, it is the responsibility of property owners to keep their property safe for visitors, minimizing the risk of injury. At Hudson, Castle, & Inkell, LLC, we have more than 50 combined years of personal injury law experience protecting individuals hurt in property-related accidents. We offer comprehensive counsel to people who have been injured because of careless or negligent maintenance of real property, and our personal injury lawyers handle all types of premises liability claims, including cases involving:
- Slip-and-fall injuries caused by wet floors, icy sidewalks, driveways, or parking lots
- Injuries resulting from poor or improper maintenance of steps, stairways, balconies, porches, or stairwells
- Swimming pool accidents, including cases involving spinal cord trauma
- Elevator or escalator accident injuries
- Dog bites or animal attacks
- Assaults, muggings, or rapes in dark, secluded areas, including parking lots with inadequate lighting or security
- Injuries to children at a school, daycare facility, or on a playground
What Steps Should You Take if You Are Injured on Someone Else’s Property?
When you go out to a public space or visit someone’s property, you expect a certain level of safety. When an accident unexpectedly occurs in these places, it can be a frightening experience. If you or someone you love is injured on someone else’s property, these are some steps you should take:
- Get medical help: If the injury is serious, call 9-1-1 and wait for help to arrive. Even if the injury seems minor at the time, you should seek a medical evaluation as soon as you can. Fall accidents are especially notorious for causing damage that isn’t apparent until later.
- Get witness information: If the injury occurs in a public space with witnesses, try to get the names, addresses, and phone numbers of those present.
- Take pictures: If you can, record images or videos of the place you got injured. If you are too hurt to take pictures, have a friend or a witness take pictures for you.
- Save documentation: Write down your memory of the event as soon as possible, so the details are fresh in your mind. Make sure to keep copies of all letters, texts, emails, bills, and any other correspondence or reports related to your accident.
- Follow up on any necessary medical treatment: Do not refuse medical attention or wait to go to the doctor. Follow all advice your medical professional gives you. If you neglect to do this, it could be argued in court that you were not actually hurt or did not take all the steps required to get better.
What Are Common Injuries in a Premises Liability Accident?
There are a wide variety of accidents that can happen on someone else’s property. Some of the most common premises liability claims are related to slips and falls. These can occur on level ground or may happen from a height, such as falling off a ladder or stairway. So while the injuries which occur from a premises liability accident may vary based on the specific incident, these are some which are typically seen:
- Broken or fractured bones
- Spinal cord injuries, possibly leading to paralysis
- Traumatic brain injury (TBI) and other head trauma
Bones typically fractured or broken in a slip and fall type of injury are the hip, pelvis, hand, upper arm, and spine. These serious injuries may cause other complications, especially for older victims, and may lead to incapacitation, permanent disability, and in the worst-case scenario, death. The medical bills incurred from these injuries can be financially devastating. Trusted premises liability lawyers can help you get the reimbursement and justice you deserve, so you can get back to your life.
How Does Negligence Affect a Premises Liability Lawsuit?
Delaware law states that a person can only pursue legal action against a property owner when the injuries suffered on the negligent party’s property were the result of intentional acts or a willful or wanton disregard of the victim’s rights. Delaware premises liability laws use a system called modified comparative negligence to determine how to award damages for injuries incurred on someone else’s property. This means a victim is still eligible to recover damages even if they were deemed to be negligent, as long as they were not more than 50% at fault for the accident. As the level of negligence on the part of the victim increases, the damages they are able to receive decrease proportionally. Because of this, the property owner’s insurance company will often argue that the accident was mostly or fully the victim’s fault.
There are three legal terms that are used when determining premises liability:
- Negligence: To prove negligence, it must be shown that the property owner was both aware of the unsafe condition and chose not to act to correct it.
- Comparative negligence: In this situation, both the victim and the property owner are found to be partially at fault for the injuries suffered. When this happens, the levels of fault between the two parties are compared to determine what damages are awarded.
- Duty to inspect: The property owners or tenants have a responsibility to frequently check their property for any potentially dangerous conditions and fix any they find. If someone is injured by a hazard that could have been discovered by a reasonable search, then the property owner or tenant could be held liable.
Why Hire a Premises Liability Lawyer?
Premises liability lawyers understand how property maintenance, negligence, and personal injury law intersect. They can advise you on how to interact with insurance companies so you avoid saying anything which may later damage your case. A premises liability accident can cause financial distress due to medical bills, chronic pain, loss of income, and other negative outcomes. At Hudson, Castle, & Inkell, LLC, our attorneys will work to achieve justice for you and your family and help you get the maximum compensation for your injuries. They are well-known and respected by their colleagues in the legal profession and would be happy to help you with any premises liability matter. If you or a loved one have been injured on someone else’s property, please call Hudson, Castle & Inkell, LLC at (302) 428-8800. We will provide you with a free consultation on your case.