Premises Liability

Premises liability is a specific type of negligence claim based on injuries that happen on someone else’s property. When a property owner fails to maintain safe conditions and you are hurt as a result, you may be able to bring a premises liability claim for the property owner’s negligent behavior.

To have a valid claim, you generally need to show that a dangerous condition existed on the property, the owner knew or should have known about it, they failed to fix it or warn you, and you were injured as a direct result. The best way to know for certain is to speak with an attorney. We offer free consultations and can assess the strength of your case at no cost to you.

Yes, it can matter. Delaware law recognizes different categories of visitors — invitees (like customers or business guests), licensees (like social guests), and trespassers — and a property owner’s legal obligations are different depending on the type of visitor. Invitees generally receive the highest level of protection, and trespassers the least. Our attorneys will help you understand what type of visitor you were and how that affects your specific case.

Seek medical attention right away, even if your injuries seem minor. This is important to protect your health and to document your injuries. Report the incident to the property owner or manager and request that a written report be completed. If you are able, document the scene with photos/videos and collect contact information from any witnesses. Your smartphone is an easy way to gather all of this crucial information. 

Avoid giving recorded statements to insurance representatives before speaking with an attorney.

In most premises liability cases in Delaware, you have two years from the date of the injury to file a lawsuit. However, if your accident happened on government-owned property, you may be dealing with an even shorter timeframe as well as additional administrative requirements. It is always in your best interest to consult an attorney as soon as possible. Missing a deadline can mean losing your right to compensation entirely.

Delaware follows a modified comparative negligence rule, which means you can still recover compensation even if you are found to be partially at fault, as long as you are not more than 50 percent at fault. However, your recovery will be reduced by the percentage of fault attributed to you. For example, if you are awarded $100,000 in damages but are found to be 25% at fault, your recovered compensation will be reduced to $75,000. An experienced attorney understands why a fair assessment of fault is critical to your case, and how to ensure it happens.

Every case is unique. At Morris James, we prepare every case as though it will go to trial, because that places you in the strongest position for success. However, many of our premises liability cases are resolved through settlement negotiations before ever reaching a courtroom. We work hard for a fair settlement for you but we are fully prepared to litigate when necessary to get the best outcome for our clients.

Nothing upfront. Morris James handles premises liability cases on a contingency fee basis, which means our fee comes only from the compensation we recover for you. If we do not win, you do not pay. And our initial consultation is free — there is no risk and no obligation when you call us.