DE Injury Attorneys
Premises liability is a legal term that typically refers to being injured on another person’s property due to unsafe conditions. Slip and falls and dog bites are two very common types of premises liability cases but there are many more variations. Some others include swimming pool accidents, fires, explosions, roof cave-ins, inadequate lighting, inadequate security, assault and amusement park accidents. Any residential property, commercial building or open space can become the scene of a premises liability accident. These include offices, sports facilities, private homes, patient care facilities, nursing homes and treatment centers.
If you have been injured due to negligent property maintenance or upkeep it makes sense to call a skilled Delaware Slip and Fall Lawyer. The Freibott Law Firm handles all types of personal injury cases including premises liability claims. Mr. Freibott can be contacted at 302-633-9000. You may also email Mr. Freibott by clicking here.
Liability & Property Owners
A property owner has a responsibility to keep his or her own property safe from hazardous and dangerous conditions. If this obligation is not met, the property owner may be held liable for any accident or injury occurring on the premise. In addition to the owner, property managers, contractors, tenants and corporate entities bear that same responsibility. Frequently, from a legal standpoint, it is important to know who has control of the property when determining who is liable. The controlling party typically must exercise control to the extent that the property is maintained in an attempt to prevent accidents or injuries. If more than one person or party has the right to control the property then all can be held accountable legally if an accident or injury occurs. Often times, this can lead to a third party, or vicarious liability, lawsuit.
Common Injuries Sustained In A Premises Liability Accident
– Soft Tissue Injuries
– Permanent Scarring/Disfigurement
– Sexual Assault
– Loss Of Use/Paralysis
– Wrongful Death
Negligence, Comparative Negligence and Duty To Inspect
Merely owning a property or inhabiting a property does not automatically mean the owner or tenant is liable for accidents or injuries occurring on property. Negligence needs be proven in terms of the owner or occupier of the property. If they were aware of the unsafe condition and neglected to correct it they can be found at fault.
On the other hand, a visitor on someone’s property has a duty to conduct themselves properly. By that it is meant that if an unsafe condition, or dangerous behavior, could likely end in an accident or injury, then the owner or tenant may not be at fault. If both visitor and owner/occupier are each at fault a legal concept called comparative negligence may be applicable. In a case of comparative negligence the percentage of the victim’s fault is compared to the percentage of the defendant’s fault. The victim’s ability to recover damages will be reduced by their percentage of fault.
Duty to inspect refers to the owner or occupier responsibility to routinely inspect the property for unsafe or potentially unsafe conditions. If an unsafe condition is discovered upon inspection, the owner/occupier has a duty to repair or correct the unsafe situation. Failure to perform routine inspections could ultimately make the owner or occupier susceptible to a premises liability lawsuit.
Contact A Delaware Slip & Fall Lawyer
The Freibott Law Firm competently handles premises liability cases such as slip and falls, animal attacks and other accidents or injuries occurring on another person’s property. If you have been injured on another person’s property due to negligence call The Freibott Law Firm at 302 633 9000. Mr. Freibott is a skilled Delaware Trial Attorney who has the knowledge and resources to get you the full amount of compensation and benefits for your injuries.
The Delaware Personal Injury and Premises Liability Lawyers at The Freibott Law Firm proudly serve those injured in premises liability accidents throughout all of Delaware including cities and towns such as: Wilmington, Brandywine, Fairfax, Talleyville, New Castle, Newark, Bear, Glasgow, Middletown, Odessa, Townsend, Smyrna, Dover, Georgetown, Seaford, Milford, Milton, Lewes, Rehoboth Beach, Dewey Beach, Bethany Beach, Ocean View, Frankford, Laurel, Bridgeville and Fenwick Island.