If you slip and fall accident on someone else’s property, it is important to understand the nuances of liability to determine whether seeking compensation is a viable option, especially if partial liability exists.
Delaware premises liability laws help ensure a balance between the responsibility of property owners and the accountability of those who may share some responsibility for the accident.
Property owner negligence
To successfully seek compensation when you share partial liability, you must show that the property owner’s negligence played a significant role in the accident. This involves proving that the property owner knew or should have known about the hazardous condition that led to the slip and fall, and failed to take reasonable steps to address it. If you can demonstrate the property owner’s negligence, it can mitigate your partial liability.
Comparative negligence system
Delaware’s modified comparative negligence system operates under the 51% rule. This rule stipulates that an injured party can only seek compensation if their percentage of fault does not exceed 50%. If the court determines that you are 51% or more responsible for the accident, you will not have entitlement to any compensation.
Compensation with partial liability
While you may have eligibility for compensation with partial liability, the amount received is proportional to your degree of fault. For example, if the court finds you 20% at fault and awards $10,000 in damages, you would receive $8,000. Delaware also has a two-year statute of limitations for personal injury cases, which includes slip-and-fall accidents.
Slips and falls account for 8 million emergency room visits every year and often lead to long-term medical and recovery bills. Even if you have partial blame, you may have a case to seek some compensation.