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A slip and fall case arises when someone slips and falls on someone else’s property and is injured. Each year in the U.S., over one million emergency room visits are attributed to slip and fall accidents, according to the National Floor Safety Institute.
People over the age of 65 are the most likely to be injured in a slip and fall. The Centers for Disease Control and Prevention (CDC) estimates that each year in the United States, one in three people over the age of 65 will experience a fall. However, a slip and fall accident can happen to anyone. Some common causes of slip and fall accidents are:
When someone slips and falls due to these temporary or permanent conditions, they may suffer serious injuries, including:
Premises liability is the underlying legal concept for slip and fall cases. Under premises liability law, commercial and residential property owners have a duty to ensure that their property is not in a dangerous condition that presents an unreasonable risk to people on the property. If the property owner’s negligence led to the fall victim’s injuries, the property owner may be liable for the accident that took place on his or her premises. To prove negligence in a slip and fall case, the injured party must be able to prove at least one of the following is true:
Comparative negligence is a rule of law that some states, including Delaware, apply to accident cases. It is applied in order to attribute fault to all parties who were partially to blame for the accident, including the victim. Delaware courts may decide whether the plaintiff was partly to blame for the accident and reduce compensation accordingly.
To be eligible for compensation, the plaintiff’s negligence must not have been greater than the negligence of the defendants. Plaintiffs who are determined to be less than 50 percent responsible may still be able to recover damages but their percentage of fault will be deducted from the total amount of compensation to be awarded. If a victim is determined by the court to be more than 50 percent at fault, their recovery for their injuries will be barred completely.
Delaware property owners will attempt to attribute as much blame as possible to the victim in order to avoid or mitigate liability. An experienced personal injury lawyer can help plaintiffs determine the cause of their slip and fall accident and fight to obtain maximum compensation for their injuries.
Delaware slip and fall victims may be able to receive compensation to cover costs associated with their injuries. Compensation may be available for:
If you suffered injuries from a slip and fall accident, an experienced Bear slip and fall lawyer at Rhoades & Morrow can evaluate your claim to help you determine your best course of action. For over two decades, our firm has helped thousands of Delaware personal injury victims to obtain justice and compensation. We provide clients with honest, knowledgeable advice and we aggressively fight for the best outcome in each case. We handle slip and fall cases throughout Delaware, including Bear, Wilmington, Milford and New Castle County. To schedule a free consultation, 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.