Slip and fall accidents on public property can lead to serious injuries, but determining liability can be complex. In some circumstances, you can hold the local government responsible for accidents on public property.
As with any other premises liability case, filing a claim for a slip and fall on public property or in a government building requires proving that negligence caused the hazardous condition. It is important to understand how Delaware law applies to these situations.
What areas are the local government responsible for?
Local governments maintain sidewalks, parks, public buildings and other areas open to the public. They have a duty to keep these spaces reasonably safe. This includes repairing broken sidewalks, clearing ice and snow and addressing other dangers that could cause injuries. However, the government’s liability is not automatic. Delaware law provides specific guidelines for pursuing slip-and-fall claims against local governments.
How can you determine the local government’s negligence?
A local government may be negligent if it failed to address a hazard that it knew about or should have known about. For example, if a citizen reported a dangerous condition, such as a broken staircase, but there was no effort to repair it within a reasonable time, this may indicate negligence. However, if the hazard was new and the government had no reasonable opportunity to fix it, liability may not apply.
How do you file a slip-and-fall claim against a government entity?
Delaware law includes special rules for claims against government entities. These rules require an injured person to follow a specific process to notify the local government about their claim. This notice often has strict deadlines, and missing them can prevent you from recovering compensation.
Another important factor is Delaware’s comparative negligence rule. If an injured person’s own actions contributed to the accident, their ability to recover damages may diminish. For example, walking while distracted or ignoring a posted warning sign could impact the outcome of a case.
Proving liability in public slip and fall cases often requires detailed evidence, such as photos of the hazard, witness statements and documentation of the injuries. It is also important to understand the limits on compensation for claims against local governments. Understanding the factors that affect liability can help you protect your rights.