Slipping on ice can cause serious injuries. If this happens, you may question whether you can hold the property owner responsible. Understanding the legal conditions for pursuing compensation is important in determining your options.
Premises liability
Property owners must keep their premises reasonably safe for visitors. This includes taking steps to remove or treat ice and snow to prevent accidents. If a property owner fails to maintain their property properly and someone slips and gets hurt, the injured party may file a lawsuit under premises liability law.
Not every slip and fall leads to liability. Under Delaware Code Title 25, property owners must maintain safe conditions, and failure to do so could result in a personal injury claim. You must prove that the property owner knew or should have known about the icy condition and failed to address it in a reasonable amount of time.
Comparative negligence
Delaware follows the rule of comparative negligence. If the court finds you partially responsible for your injury, they may reduce your compensation. For example, if you weren’t paying attention or were wearing inappropriate footwear when you slipped, the court could assign a percentage of fault to you. Delaware Code Title 10, Section 8132, establishes that as long as your fault is less than 50%, you can still recover damages.
Moving Forward
Moving forward after an ice-related injury involves careful consideration of the circumstances surrounding the incident. Evaluating the facts and understanding how negligence and liability come into play will help determine the best course of action for seeking compensation.