Commercial parking lots and walkways are part of daily life for workers commuting across Wilmington and residents running everyday errands in New Castle County. When property owners fail to maintain asphalt surfaces, a routine trip to a store or office can end in a serious fall. Delaware premises liability law establishes clear duties for commercial property owners to keep their walkways reasonably safe.
Why parking lot hazards cause serious injuries
Tripping over an unexpected pavement defect or stepping into a deep pothole creates uneven impact forces that leave little time to brace for impact. Common injuries from these falls include:
- Complex fractures: wrist, collarbone, and hip fractures from sudden impacts against hard asphalt or concrete
- Torn ligaments and joint injuries: severe ankle sprains, torn knee ligaments, or dislocated shoulders from awkward foot placement
- Head and back trauma: concussions, traumatic brain injuries, and herniated discs from backward falls onto hard surfaces
The severity of these injuries often depends on the depth of the defect, the lighting conditions, and whether the hazard was visible in advance.
The legal duty of property owners in Delaware
Customers and visitors to commercial spaces are classified as business invitees, to whom property owners owe the highest duty of care. To hold a property owner responsible for a trip and fall injury, an injured person must generally show:
- Dangerous condition: the pothole, sunken asphalt, or cracked sidewalk created an unreasonable risk of harm
- Notice: the owner either created the hazard, knew about the damage, or should have known through reasonable routine inspections
- Failure to repair or warn: the owner did not fix the defect, block off the area, or provide adequate visual warnings
Delaware courts self-help resources outline the general civil claims process for injured parties considering a premises liability claim.
Steps to take after a fall
Property managers sometimes address pavement defects quickly after an incident, making early documentation important:
- Document the hazard: photograph the pothole or crack from multiple angles, using an object for scale
- Report the incident: notify the store manager or property owner and request a written incident report
- Identify witnesses: collect contact information from anyone who saw the fall or can confirm how long the hazard existed
- Seek medical care: prompt evaluation establishes a record connecting your injuries to the incident
Injured individuals generally have two years from the date of the accident to file a personal injury lawsuit in Delaware.
Understanding your options
If you were injured in a parking lot or on a commercial walkway, a premises liability attorney in Delaware can review the circumstances of your fall and help you understand whether the property owner may be held responsible.