If you have a medical condition like dizziness or balance issues, you may wonder how it impacts a slip and fall claim in Delaware. These cases can be more complicated, but understanding how Delaware law treats them can help you know what to expect.
Impact of pre-existing medical conditions
When someone with a medical condition suffers a slip and fall, they may experience more severe injuries than someone without those issues. For example, dizziness, vertigo, or balance problems can make it easier to fall. However, Delaware law doesn’t ignore the pre-existing conditions. Instead, it looks at whether the property owner was negligent in maintaining a safe environment.
If the property owner failed to address a hazard—like a wet floor or uneven sidewalk—they could still be held responsible, even if the person who fell had a condition that made them more vulnerable to injury. However, if your condition played a major role in the fall, it might affect the amount of damages you can recover.
Comparative negligence in Delaware
Delaware follows a comparative negligence rule, meaning if you are partially at fault for the accident, your damages may be reduced by your percentage of fault. For example, if your medical condition contributed to the fall, your compensation might be lowered. Still, you can recover damages as long as you are less than 50% at fault.
Even if your condition made you more susceptible to injury, if the property owner’s negligence was the main cause of the fall, you may still have a strong case for compensation.
How medical conditions affect your claim
While a medical condition like dizziness or balance issues might make a slip and fall case more complicated, it doesn’t necessarily eliminate your chances for compensation. Delaware law recognizes that property owners must maintain safe conditions, even for those with special needs or vulnerabilities. Still, the condition may impact how much compensation you receive, depending on how much it contributed to the accident.
Delaware’s comparative negligence law and a focus on proving negligence are key factors in such claims. If you or someone you know has suffered a slip and fall due to hazardous conditions while dealing with a medical condition, it’s important to understand how your medical history could affect your case.