Slip & Fall

$2.2 million settlement: a man who, while in the course and scope of his employment, lost both legs when struck on the side of the road by a truck driver

$2.1 million settlement: Navy SEAL struck by a driver who left the roadway, causing serious injuries to his legs

$875,000 settlement: bicyclist who injured an eye when struck by a teenage car driver

$850,000 settlement: young lady injured her shoulder in a multi-car accident which resulted in surgery, lost earnings, and medical expenses

$615,000 settlement: 47-year-old man struck by a car while changing a tire, resulting in a significant arm injury

$500,000 settlement: wrongful death claim where the defendant crossed the center line, killing the mother of 5 adult children

$445,000 settlement: 60-year-old tractor-trailer driver rear-ended by another tractor-trailer, resulting in neck and back surgeries

$350,000 settlement: 44-year-old woman who suffered orthopedic injuries resulting in surgery as a result of a motor vehicle accident

$297,500 settlement: policy limits wrongful death settlement arising out of a motor vehicle accident

$250,000 settlement: 51-year-old man who suffered a neck injury requiring surgery as a result of a motor vehicle accident

$220,000 settlement: 46-year-old female cafeteria worker, injured low back lifting a tray of juice and subsequently diagnosed with failed back syndrome

$205,000 settlement: 32-year-old male maintenance worker sustained low back injury while moving a trash dumpster, requiring multiple surgeries

$164,990 settlement: 49-year-old male bus driver sustained low back and knee injuries when the bus hit a deep pothole, resulting in knee replacement surgery

$125,000 settlement: 66-year-old woman who suffered an eye injury as a result of a trip and fall at a retail store

$90,000 jury verdict: 44-year-old man rear-ended in an automobile accident resulting in muscular injuries and an elbow nerve injury

A slip and fall is the term that is used to describe an accident in which a person slips or trips and falls on someone else’s property and is injured. Slip and fall cases typically fall under the umbrella of cases known as premises liability. Premises liability cases involve injuries that occur on someone’s property.

These cases can stem from incidents at private homes, places of business, public property, or a combination of these, such as an apartment complex. When a property owner fails to maintain his property and that failure leads to an accident, the property owner may have been negligent and in most cases, can be held responsible.

Slip and fall accidents can occur as the result of weather conditions, property disrepair, poor lighting, flooring changes, moisture, poor building design, and more. In general, all of these causes can be addressed with proper care.

While changes in the weather can pop up quickly, such as snow or ice accumulation on a sidewalk, property owners should understand the nature of their property and what steps need to be taken to ensure the safety of everyone. Additionally, repairs to aging or damaged areas on the property should be done promptly to prevent accidents.

If the property owner is unable to address a premises liability concern in a timely manner, they do have a duty to notify anyone who may visit their property of any potential danger. Even a simple sign can prevent an accident and painful injury.

Other common causes of slip and fall cases in Delaware include: 

• Wet surfaces, such as floors that have just been mopped
• Recently waxed floors
• Uneven surfaces, such as loose floorboards
• Clutter left on floors
• Poor workplace training methods

While it may be easy to dismiss a slip and fall injury as a minor occurrence, falling can have serious and long-lasting health consequences. Common injuries associated with slip and fall accidents include:

• Broken bones
• Head injuries, including concussions and traumatic brain injuries
• Shoulder injuries
• Back injuries
• Torn tendons or ligaments

Some of these injuries can be difficult to resolve, require surgery, or leave side effects that linger for weeks, months, or even years. 

The state of Delaware follows the rules of comparative negligence. Essentially, comparative negligence acknowledges that a victim may be partly to blame for an accident. The courts will examine the situation to determine how much fault each party holds. If the victim is more than 50 percent responsible for the accident, he would not be allowed to pursue a legal claim.

Additionally, if the victim is only partly responsible, the court would determine an appropriate percentage and any settlement would be reduced by that percentage. For example, if a person were to slip on an icy sidewalk or outside of a store, the court might determine the victim shared 10% of the blame. If the compensation amounted to $100,000, that settlement would be reduced by 10%, and the victim would receive $90,000. A skilled attorney can help victims obtain the maximum amount of compensation in their individual case.

Delaware law allows accident victims to pursue compensation to cover costs associated with their injury. It is possible to recover compensation that covers: 

• Lost wages (both now and in the future)
• Medical bills (both already accrued and in the future)
• Lost benefits
• Pain and suffering

If your slip and fall accident in Delaware occurred because of a hazard or someone else's actions, you might have a case. You must have encountered an unsafe condition on a property that does not belong to you to qualify for legal action. The owner must have known (or should have known) about the unsafe condition, and failed to act to allow it to continue, such as choosing not to clear the snow from the sidewalk in front of their home. This willfulness must meet the legal definition. For instance, if the homeowner cleared some of the snow but didn't do a perfect job or your injury happened a few hours after the snowfall began, you probably won't have a case. However, if the homeowner let icy and dangerous conditions persist on the sidewalk for days following a storm without addressing them, you may have a slip and fall case.

Property owners need proper notice to take care of an issue. And if they post a warning giving you notice of a dangerous condition and you choose to ignore it, they are probably not liable.

Delaware slip and fall laws are fairly simple. According to premises liability regulations, homeowners can't knowingly create a dangerous or hazardous condition for passersby. If negligence by the property owner leads to an accident, the owner may be liable. Sometimes more than one party merits responsibility for the accident, too.

Negligence does require the property owner to be aware of the problem and choose not to do anything about it. Property owners must inspect the area and make any repairs they deem necessary so that people won't get hurt on their property.

A slip and fall accident can happen anywhere, but there are places where you are more likely to have an accident, including: 

• Poorly lit or pothole-ridden parking lots
• Sidewalks with gaps between the slabs
• Shops or restaurants with worn carpeting
• Construction sites
• Stairs with loose handrails

Often, the property owner or company where the accident occurred will claim your negligence caused the accident, but their claims must meet a reasonable standard. For example, would it be reasonable to expect anyone to navigate around the object you tripped over? Often the answer is no, and the property owner will have a difficult time making the negligence claim.

It is not up to you to prove you moved with care on the day of the accident. Companies and owners frequently argue for accident victims' negligence. Such a claim requires the assistance of slip and fall accident lawyers to ensure you don't take the blame for something that wasn't your fault. Ultimately, the court will decide whether you bore any negligence in the accident and, if necessary, adjust the amount you are awarded. But remember that you can still receive compensation even if you bore some responsibility for the mishap.

Our attorneys can walk you through the process of filing a slip and fall personal injury claim in Delaware. You will need to provide all the medical records from your case, as well as work with our investigators to get a full picture of what happened during the accident. Whether you slip and fall on a sidewalk or in a parking lot, with our guidance, you can file your suit and receive assistance as you recover from your injuries.

Slip and fall cases have a reputation of being hard to win because the injured person has to prove that the defendant:

• Owed them a duty of care (negligence) or similar legal obligation (premises liability);
• Acted in a way that breached that duty or obligation; and
• That breach caused the injured person’s injury/loss/damage.

If any of these elements are missing, the injured person will not win in a court of law. However, many personal injury cases are settled before they ever make it to the courtroom. If the facts of the case show that the defendant’s negligence caused the plaintiff’s injuries, the plaintiff has a very strong case whether in settlement negotiations or in court. Read more.

Liability for a slip and fall accident in a rental property can depend on a number of factors including:

• Who was injured?
• Why was the injured person on the property?
• What caused the accident?
• Did the accident occur inside a tenant’s apartment or in a common area?
• Was the landlord notified of the dangerous condition?
• Is there a contract or lease that places a duty on a certain party?

A landlord has a legal obligation to keep rental property habitable and free from dangerous conditions. The landlord is responsible for inspecting and maintaining common areas. However, a landlord is not expected to know about a dangerous condition inside a tenant’s apartment unless he has been notified of it. Liability for a slip and fall inside a tenant’s apartment is very dependent on the specific circumstances of that case.

A premises liability cause of action is a legal claim that arises when someone suffers damages as a result of a dangerous condition on another person’s property. A property owner has a duty to take reasonable care to keep their property safe for people who come onto it, and to conduct reasonable and prudent inspections of their property for hazards. Each state has different rules about the extent of a property owner’s duty depending on why the injured person was on the property. Typically, a property owner will have a greater obligation to their invited guests than to trespassers.

When you have had a slip and fall accident, you should:

• Get medical attention
• Report the incident immediately to the property owner/manager, and keep a copy of the report
• Document the scene by taking photos or videos
• Get the names and phone numbers of any witnesses to the fall itself or the condition causing the fall
• Do not say or do anything to accept blame
• Stay off social media - your social media activity will be reviewed by an opposing lawyer
• Keep a copy of all letters, emails, medical bills, and other related documents together in a file
• Contact a personal injury lawyer - any initial case evaluation should be free

In a slip and fall accident, a defendant can be liable for the worsening of preexisting conditions. A defendant will not be liable for any prior injuries or conditions but they can be liable for injuries caused, or made worse, by the accident.

If you are injured in a slip and fall accident on a friend’s property, you should still consider bringing a personal injury action to compensate you for your injuries and cover your medical bills. Most people have homeowner’s insurance that will be responsible for defending the claim and covering the cost of legal fees and damages (within individual policy limits). This is the purpose of homeowner’s insurance just as people have car insurance to cover such costs in an accident. Read more.

If you slip and fall on your way into work, you may be entitled to compensation for your injury or medical bills by an action in negligence, premises liability, or workers’ compensation, depending on the circumstances of the accident.

A claim in negligence will depend on whether or not someone, other than your employer, owed you a duty of care, was negligent in causing the ice build up, and that caused your fall and injury.

A premises liability claim may be brought against the owner or occupier of the property on which you slipped or against another party responsible for maintaining the area such as a snow removal contractor.

With very limited exception, you cannot bring a negligence claim against your employer. If you slip and fall in the parking lot at work or at your place of business, you will likely have a worker’s compensation claim against your employer. If there was another entity responsible for maintaining the area where you slipped and fell such as a snow removal contractor or a janitorial service, you may also have a negligence claim against that entity.

At a slip and fall deposition, you will be asked detailed questions about how the fall happened, your injury and loss, your medical history before the incident, and your medical issues and activity after the incident. Common questions include:

• When did the fall happen?
• Why were you there?
• What were you wearing?
• How fast were you walking?
• What was the weather like?
• What were you looking at while you were walking?
• Did you see the ice?
• Which foot slipped?
• Which part of your body hit the ground first?
• What were your injuries?
• What were your symptoms?
• How did your symptoms change over time?
• Did you see a doctor?
• How long did it take for you to recover?
• What activities were you unable to do after the fall?
• Are you able to do all your normal activities now?
• How long were you out of work?

Whether or not you can sue the local authority depends on the state and local laws. In Delaware, most municipalities are protected from being sued for personal injuries by municipal immunity. However, sometimes another person is responsible for maintaining the sidewalk or preventing the conditions that made the sidewalk unsafe. You should consult with a personal injury lawyer to find out your options. An initial case evaluation should be free.

The laws on ice and snow removal vary by state. In Delaware, a property owner/manager must maintain their property in a safe condition for business or personal visitors and the general public. Commercial property owners have a duty to remove snow or ice that has accumulated on their property. Landlords must maintain common areas in a safe condition for tenants. When removing snow, property owners must be careful not to create a dangerous condition by poor snow clearing, which could also give rise to a claim in negligence.

Local ordinances may also mandate more specific rules about snow removal, such as removal of snow from the walkway in front of your property within 24 hrs of the end of the storm.

If you are bringing a slip and fall claim against a building owner, it may help your case if the building owner is in violation of local or state building codes. However, a violation alone is not enough to win a slip and fall case. To be successful in a slip and fall claim against a property owner, you must prove the property owner owed you a duty of care, they breached that duty, and you were injured as a result of their breach. Building codes exist for healthy and safety reasons, so their violation can be strong evidence that a property owner has breached their duty of care to the occupants of the building. However, as a plaintiff, you must also prove the breach caused your injuries.

If you slip and fall on the steps or in other common areas of an apartment building, the owner of the apartment building may be liable for your injuries and associated expenses, including medical bills. A property owner is responsible for maintaining the common areas of an apartment building in a safe condition for visitors to the property. If a visitor to the property is injured as a result of a hazardous condition that the property owner knew, or should have known, about, the visitor can bring a premises liability claim against the property owner. Depending on the circumstances of the accident, the visitor may also have a negligence claim against other parties, such as a property management company.

An aggravated injury is an injury or condition that a plaintiff had before an accident (a pre-existing condition) that has been made worse by the accident. Aggravating injuries can increase the pain, suffering, and recovery time of a victim. A defendant will not be liable for the pre-existing condition but will be liable for the aggravation of it.

Exacerbation and aggravation describe the worsening of a pre-existing condition as a result of an accident. Exacerbation is a temporary worsening, while aggravation is a permanent worsening of the pre-existing condition. There is no set time limit for when a condition changes from temporary to permanent. This will depend on the plaintiff’s individual circumstances.

An overwhelming majority of slip and fall cases settle out of court and never go to trial. Calculating an exact percentage can be misleading and unhelpful as the likelihood of going to trial depends on the facts of each individual case, and not on other cases with different facts and parties. In general, plaintiffs and defendants prefer to settle out of court to avoid the publicity, expense, and uncertainty of a trial. Depending on the facts of the case and the parties involved, a settlement may be agreed very early in the process or as late as at the courtroom door.

To prove that a property owner was negligent, the plaintiff must prove all of the four elements of negligence:

• The property owner owed the plaintiff a duty of care
• The property owner breached that duty of care
• The plaintiff was injured or suffered loss
• The property owner’s breach caused the plaintiff’s injury

A property manager can be held liable for damages in a slip and fall case if they are negligent, and their negligence caused the plaintiff’s injuries. Whether or not the property manager was negligent will depend on their duties and responsibilities as set out in the contract between the property manager and the property owner. A property manager often has some responsibility and liability in cases of failure to repair; failure to properly oversee construction or renovation;; and inadequate security.

If you slip and fall in a retail store, you should notify the manager immediately, and tell them to file a report of the accident. You, or someone with you, should take photographs of the condition that caused your fall and, if possible, try to determine the source of that condition. If there were any witnesses, you should obtain their names and telephone numbers. You should seek medical care for your own health and safety, and to record your injuries. If your slip and fall may have been caused by the negligence of another person, such as the store owner or property owner, you may have a claim against them for your pain and suffering, and losses as a result of your injury, including medical expenses or lost wages.

A store owner, property owner, or insurance company may try to get you to admit some fault in the accident, or offer to pay your medical bills or other settlement amount, in order to minimize their loss. You should consult with an experienced personal injury lawyer before any such discussions to ensure that you get good legal advice and are properly compensated for your injuries.

If you fall in a parking lot, you may be able to sue the property owner and/or manager, or other contractors (i.e. snow removal contractor) for negligence. Property owners and operators have a legal obligation to maintain their property in a safe condition for people using it. If you are injured because the owner or manager of a parking lot has breached their duty to keep the parking lot free from hazardous conditions, you may therefore be able to sue for your injuries and related losses, such as medical expenses and lost wages.

If the parking lot is owned or operated by a government or municipal authority, the deadlines and process for filing a claim are different. In Delaware, most municipalities are protected from being sued for personal injuries by municipal immunity. You should contact an experienced lawyer to discuss your claim.

If your slip and fall was caused by the negligence of another person, you may be entitled to compensation for your injuries, including medical expenses and lost wages. You should seek medical attention and contact an experienced personal injury attorney immediately. The sooner that you get good legal advice, the sooner you can begin the process of getting compensation to cover your medical expenses and lost wages. Your attorney will negotiate with the negligent person or their attorney, and their insurance company, on your behalf. Your attorney can also advise you on dealing with other parties such as your employer, your health insurance company, or your disability insurance provider, to reduce your stress and increase your compensation.

If you have medical bills or lost wages after a slip and fall that was caused by another person’s negligence, you are entitled to be compensated for your losses by the negligent person. In order to get the compensation, you will need to bring, and win, a legal claim against the negligent person, or reach an out of court settlement with them or their insurance company. Both of these options take time. Until you receive compensation, you will have to look to your own health insurance and disability insurance, if any, to cover your expenses.