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Children all around the country are gearing up for Halloween with costumes, candy baskets and trick-or-treat plans. The spooky holiday is quickly approaching and adults should be preparing for it too. To minimize the risk of someone getting injured on their property during this season, homeowners can take several safety precautions including:
Someone who is injured on someone else’s property may have a premises liability case. Premises liability is the underlying legal theory for personal injury cases in which someone suffers an injury due to unsafe conditions on someone else’s property. The injured party is required to prove that the property owner was negligent in his or her ownership or maintenance of the property. Therefore, to be liable, the owner must have either known or reasonably should have known that a hazard existed but did not take steps to remedy the situation.
In Delaware, premises liability plaintiffs may bear some shared responsibility for their injuries. According to the modified comparative negligence rule, injured plaintiffs who are found to be partly at fault will receive a diminished award that reflects the proportion of their contributory negligence. As long as the plaintiff’s contributory negligence does not exceed 50 percent, they will be able to receive some compensation.
Premises liability plaintiffs may be entitled to compensation for their medical bills, pain and suffering, lost wages, loss of earning capacity and incidental expenses associated with their injuries. The statute of limitations in Delaware for personal injury cases is three years from the date of the accident. Therefore, those injured on someone else’s property must file their claim within three years of the accident to be eligible for compensation.
If you suffered an injury on someone else’s unsafe property, contact a Bear slip and fall lawyer at Rhoades & Morrow. Property owners have a duty to ensure that their property is free of hazards that could cause injury to visitors. If an owner’s negligence caused you to suffer injuries, you may be entitled to compensation. Our experienced lawyers will provide you with honest advice and effective advocacy. Contact us online or call our Bear office at 302-834-8484, our Wilmington office at 302-427-9500, or our Milford office at 302-422-6705. We represent clients throughout Delaware, including those in Bear, Wilmington, Milford, and New Castle County.