Delaware Slip-and-Fall Lawyer

The aftermath of a slip-and-fall can completely upheave your life. Don’t let yourself get stuck covering the costs. Work with a highly trained Delaware slip-and-fall attorney who can help you hold the at-fault party accountable for their negligence.

People often have a preconceived notion that a slip-and-fall is a simpler injury, when more frequently than not, that isn’t the case. Those suffering from slip-and-fall accidents are known to suffer from severely debilitating injuries, including brain trauma, spinal damage, broken bones, and other serious injuries that could keep them out of work and/or permanently affected by their condition.

For these reasons, a Delaware slip-and-fall lawyer at Barros, McNamara, Malkiewicz & Taylor is prepared to help you bring a civil lawsuit against the liable party. Here, you’ll be able to hold them accountable for their irresponsible or reckless actions while recovering compensation for all you’ve been put through. With our firm by your side, you can be assured that an experienced team of professionals will do everything possible to win your case.

Culpability in a Premises Liability Accident

When your slip-and-fall accident was caused by someone else, they should be responsible for covering your costs and repaying you for the suffering you’ve endured. In almost every premises liability case, the property owner will be found liable for your damages.

This is because the owner of the property, whether that be a business owner, friend, family member, or someone else, has a duty to ensure the safety of their property.

Some examples of common slip-and-fall accidents include when someone doesn’t shovel or de-ice their walkways and you slip on the ice, or accidents where you slip on a spilled food or beverage item, like in a restaurant.

But slip-and-fall cases aren’t limited to these conditions. You could slip on a broken pathway or trip due to debris in your path that you didn’t see. In any case, the property owner will more than likely be found culpable for your losses.

Exceptions to Property Owner Blame

There are some exceptions to property owner liability, however. For one, Delaware follows the “Open and Obvious” rule. This means that if a hazard is clearly visible and you should have an understanding of the danger but proceed anyway, you won’t be able to file a claim against the property owner.

For instance, let’s say that due to a “wet floor” sign, you clearly saw that your favorite coffee shop had spilled coffee on the floor, but you chose to walk in that area despite the spill, and you subsequently slipped. In this case, you would not be able to file a civil claim.

You will also be barred from filing a lawsuit against the property owner if you were trespassing at the time of your fall. A good example could be someone who was breaking into a store on a wintry night and slipped on the pathway that hadn’t been shoveled.

Although during business hours you would be considered an invited guest, because you attempted to enter the premises while breaking in, you would be unable to seek compensation from the property owner.

Premises liability claims can be quite complex. If you are unsure if your Delaware slip-and-fall case is eligible for legal action, speak with your attorney to discuss the details of your accident.

Filing a Claim to Recover Compensation

Slip-and-fall accidents can cause devastating physical injuries that can impact your lifestyle, psychological state, and finances. These losses are referred to as economic and non-economic damages. Your economic damages are the ones influencing your finances and could include:

• Lost wages
• Damage to your earning potential
• Property damages
• Medical expenses

Alternatively, your non-economic damages are more difficult to calculate, as these losses don’t have a clear-cut numerical value. Such losses may consist of:

• Mental anguish
• Loss of enjoyment of life
• Inconvenience
• Loss of companionship and love
• Pain and suffering
• Loss of household services
• The effects of scarring or disfigurement

You may also be entitled to an award of punitive damages. The judge will only issue this award in cases where the liable party acted with an intent to harm or in cases where their actions were abhorrent in nature. Making an example of the defendant in your case will hopefully deter wrongdoers from making the same poor choices in the future.

Consult with a Slip-and-Fall Lawyer in Delaware

The impact of a slip-and-fall accident should be taken seriously. When you’re ready to take control of your life but aren’t sure what your next steps should be, speak with a qualified Delaware slip-and-fall lawyer at Barros, McNamara, Malkiewicz & Taylor.

Our firm will work diligently to build a compelling case in your favor. You can give our office a call at 302-734-8400 or complete the brief contact form below to schedule your initial case review today.