Riding public transit in Delaware should feel safe. But a sudden slip-and-fall on a bus or train can leave you shaken—and wondering what comes next. You deserve to know how Delaware handles these types of claims.
Understanding liability on buses and trains
You must show the transit authority or vehicle operator acted unreasonably. That could mean they failed to clean spilled liquids, neglected to repair broken steps, or ignored hazardous flooring. Delaware courts review whether the condition posed a danger that a responsible operator should have corrected.
The role of notice
You must establish the transit authority knew—or should have known—about the hazard. Maybe another passenger spilled coffee shortly before your fall. Or the vehicle’s safety logs reveal repeated floor complaints. Evidence like maintenance records, passenger reports, or video footage helps you show they had sufficient time to respond.
Comparative negligence in transit cases
Delaware applies the modified comparative negligence rule. That means if you share fault—say you were texting and didn’t watch your step—your compensation reduces by your percentage of fault. But if your share exceeds 50%, you cannot recover any damages.
Steps you should take after a fall
Act quickly. Report the incident, and ask for an official incident report. Take photos of the scene. Note any witnesses. Preserve any surveillance footage. Seek medical attention right away. Your own medical documentation plays a key role in demonstrating the severity and cause of your injuries.
Recoverable damages after a public transit slip
You could recover medical costs, lost wages, therapy expenses, and pain and suffering. Delaware allows non-economic damages—like emotional distress and mobility limitations—if you prove the transit provider’s carelessness triggered them.
What to expect during the claims process
You should expect the transit authority to investigate and review its records. They may dispute your version of events or allege you caused the fall. To support your claim, strong evidence and clear medical reports matter.
You don’t have to face this alone. Document everything and stay focused on your recovery. These steps give you a solid foundation to pursue compensation for your losses after a slip-and-fall on public transit.