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Delaware Premises Liability Lawyer

Premises liability laws are in place in Delaware to ensure that property owners are held responsible for negligence based accidents that occur on their land, in their homes, or in their businesses. 

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Injured on Someone Else’s Property? Know Your Rights

Slip on a wet floor. Trip on broken stairs. Fall because of poor upkeep. These accidents can leave you with medical bills, missed work, and pain. Shelsby & Leoni will review your case, find out who is responsible, and fight for the best result. Property owners who fail to keep their premises safe can be held legally responsible for injuries, and may be held legally responsible for damages if they neglect their duty.

Premises liability laws are in place in Delaware to ensure that property owners are held responsible for negligence based accidents that occur on their land, in their homes, or in their businesses. Premises liability laws hold the owner of any property responsible for warning against or remedying any hazards that may be present on the property which can cause guests to suffer injury or death. Accordingly, property owners must warn visitors of any dangerous condition or hazardous condition on the premises, and liability is determined by whether the property owner knew or should have known about the danger.

Injuries resulting from premises liability accidents can range from minor bruises to life-altering conditions. An experienced liability lawyer can help you recover compensation for these damages, helping ensure you receive fair compensation for your pain, suffering, and financial losses. By working with a skilled premises liability attorney, you can focus on healing while your legal team fights for your rights.

Types of Premises Liability

Premises liability cases can arise from a wide range of unsafe property conditions. Some of the most common types include slip and fall accidents, trip and fall incidents, and injuries caused by negligent security. Commercial properties, such as retail stores, restaurants, and healthcare facilities, can be held liable for injuries caused by hazardous conditions like slippery floors, broken handrails, or poor lighting. Private property owners also have a responsibility to address unsafe property conditions, such as broken stairs or unmarked hazards, to protect their guests. Understanding the different types of premises liability is essential for determining how liability is established and what steps to take if you’ve been injured on someone else’s property.

Negligent security is a specific type of premises liability that occurs when a property owner fails to provide adequate protection for visitors, leading to serious injuries or damages. This can involve issues such as poor lighting in parking lots, lack of security personnel, or malfunctioning security systems. When negligent security results in physical attacks, robberies, or other violent crimes, the property owner may be held liable for the harm caused.

Visitor Statuses Under Premises Liability Laws

Visitor statuses categorize the reason a victim may be on a specific property, and the status of the visitor on the property will greatly determine their success in filing a premises liability lawsuit for their incurred injuries.

These visitor types include, invitee, licensee, and trespasser. A plaintiff during a premises liability lawsuit case will be considered one of these three different visitor category types. The outcome of a liability claim is influenced by the property owner’s negligence and the legal status of the property visitor at the time of the incident.

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To succeed in a liability claim, it is essential to establish a direct link between the hazardous condition and your injury, demonstrating that the property owner’s negligence caused your harm.

Invitees

Invitees are people who are permitted to be on the premises for commercial or business purposes, and many stores welcome invitees by simply opening their doors to customers. Property owners should always pay special attention to making sure that invitees are kept safe at all times while they are on the business’ property to ensure that they are not faced with a lawsuit due to an injury occurring. Property owners have a legal obligation to warn visitors (invitees) of any known hazards to prevent injuries, and failing to warn visitors about dangerous conditions can significantly impact liability in a premises liability claim.

It is the responsibility of the property owner to make sure that all invitees remain safe on the property, and should their negligence cause an accident, the injured invitee is often entitled to compensation for their injuries and other related expenses. An experienced attorney can help invitees accurately assess their claims and ensure they receive appropriate compensation.

Licensees

A licensee is a type of guest who is invited onto a property for personal or private reasons. These types of guests will often include friends, family, or acquaintances who are welcomed into a home, and it is the responsibility of the homeowner to warn any guests of un-repaired hazards that could lead to injury. Any and all potentially hazardous conditions in the home or the surrounding owned property, within reason, should be known by the property owner, and all licensees should be notified of these hazards to ensure they remain safe and without injury. Licensees must be warned of any dangerous condition present on the property to help prevent accidents and injuries.

Trespassers

The category of trespassers is one that is particularly difficult to collect compensation for should an injury occur, and property owners are often not held responsible if unknown or unwanted guests get injured on their property. There are two situations in which a property owner may be held liable for a trespasser’s injuries in Delaware, and that is when they have certain features on their property which may attract children that are unsecured, or if they have deliberately placed some sort of trap or other hazard onto their property themselves. Inadequate security or failure to secure such features can lead to liability lawsuits against the property owner.

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Contact Our Delaware Premises Liability Lawyers

Premises liability cases can be challenging to fight alone, but experienced attorneys can help injury victims navigate the process and pursue the maximum compensation available. Premises liability accidents can result in serious injuries, such as broken bones, head injuries, and spinal cord injuries, and injuries from slips and falls can be severe or even fatal. The value of a premises liability claim depends on the severity of injuries and total costs incurred, with some cases resulting in multi-million dollar settlements. We encourage you to review client testimonials to assess our law firm’s effectiveness and the level of service we provide.

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Your Pain is Personal.
So is Our Fight.

At Shelsby & Leoni, P.A., we know that facing a serious injury can turn your life upside down. Reach out to us for a free, no-obligation consultation by filling out the form below or calling us directly.

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