Delaware Slip and Fall Accident Lawyers
We Work Hard to get You the Monetary Settlement You Deserve for Your Slip and Fall Injuries
You are on someone else’s property. You slip and fall, injuring yourself as a result. Can you be compensated for your injuries? The answer is: it depends. Slip and falls present complicated legal issues, especially questions about liability. The established and well-respected Delaware slip and fall lawyers at McCann & Wall, LLC, possess the legal acumen and dedication to fight for your full and fair compensation.
Do I have a Slip and Fall Case?
This is a seemingly simple question with a pretty complicated answer. Slip and fall cases involve complex legal issues. The first thing to check and see if you have a slip and fall case is to see if it falls within the statute of limitations. In Delaware, you have two years after the incident causing your injuries to file a lawsuit. In a few select cases, the time clock on this two-years may be paused, or, in legalese, “tolled.” If, however, you file a claim outside of the two-year window, the insurance company will almost certainly file for a dismissal of your action.
In order to have a successful slip and fall case, you must prove that the property owner was negligent. In Delaware, this means showing that:
- The owner created the dangerous property condition.
- The owner knew about the dangerous property condition and did not properly address it.
- The owner should have known about the danger.
Dangerous property conditions can include:
- Carpet bumps or failure to use slip resistance
- Concrete in disrepair
- Holes in the ground
- Inadequately lit stairwells
- Loose, missing or worn out handrails on stairs
- Slanting of the ground
- Snow or ice
Another important question to consider when evaluating negligence is the potential role you may have played in the slip and fall. Were you distracted? Are there any other reasons a jury might fell you were at least partially responsible? If so, a jury may assign you the majority of the fault and this would undermine your claim for damages.
There is still more to prove beyond the property owner’s negligence. If the property owner was negligent, you must also prove that their negligence was the direct cause of your injury. If you slipped, fell, and injured your back, you must be able to prove that your back injury was a result of the fall that occurred due to the property owner’s negligence. This can become complicated if you have any preexisting medical conditions. If you’ve had back issues in the past, it may be difficult to prove your hurt back was a result of the fall.
Contact Our Delaware Slip and Fall Accident Lawyers at McCann & Wall, LLC
If you’ve suffered an injury due to a slip and fall, you already have enough on your plate. The road to recovery can be a tough one and dealing with legal issues is probably the last thing you want to do. Contact the trusted Delaware premises liability lawyers at McCann & Wall, LLC by calling 302-888-1221 or 215-569-8488 or contact us online today for a free consultation. Our attorneys support you every step of the way, so you can focus on your recovery while they fight for your legal right to compensation.