Delaware Premises Liability Lawyer

What duty does a Delaware property owner owe a visitor?

It depends on why you were there. Business visitors, such as shoppers, hotel guests and casino patrons, are owed reasonable care, including reasonable inspection for hazards. Other visitors are owed less.

Delaware law is notably protective of owners who host guests without payment. Under Delaware's guest statute for premises, a person who enters as an unpaid guest generally cannot recover unless the owner acted intentionally or with willful or wanton disregard of the guest's safety. That makes the reason for your visit, and whether anything of value changed hands, a central question in social-guest cases. Trespassers are owed even less. Children may be treated differently when an owner keeps an attractive hazard.

Who is responsible for falls at Delaware beach rentals and boardwalks?

The owner or business in control of the area where you fell. In resort towns, that can be a homeowner, a rental management company, a condo association or a business leasing boardwalk space.

Common hazards include rotting deck boards, loose stair treads, missing handrails, sand-covered steps, slippery pool decks and poor lighting on outdoor walkways. Seasonal rentals often see heavy use with little inspection. A rental company may share responsibility if it handled maintenance or received complaints. Out-of-state visitors can bring claims in Delaware, but the two-year deadline still applies, so photos and incident reports should be gathered before you leave.

What about casinos, racetracks and event venues?

Delaware's racetrack casinos, its motorsports speedway and its large outlet and mall shopping draw crowds year-round. These businesses owe their customers reasonable care.

Spills on casino floors, broken seating at event venues, crowd-control failures and parking lot hazards are common sources of claims. Large venues usually have cameras and written incident procedures. We ask the business to preserve video quickly, because footage is often overwritten within days or weeks. Venue staff may also ask you to sign forms or give a statement on the spot; you can report the injury without agreeing to any explanation of how it happened.

How does Delaware's 51% rule work in a fall case?

Your recovery is reduced by your percentage of fault and barred if you are more than 50% at fault. Owners often argue that the hazard was open and obvious or that you were not paying attention.

Imagine a shopper at a Christiana-area store who slips on a puddle from a leaking cooler while looking at a display. A jury values the damages at $60,000.

• Shopper 20% at fault: recovery of $48,000.
• Shopper 50% at fault: recovery of $30,000.
• Shopper 51% at fault: recovery of zero.

Evidence of how long the leak existed, prior complaints and whether employees walked past it often keep the shopper's share low.

Can you sue the state or a town for an unsafe public property?

Sometimes, but it is difficult. Delaware gives the state, counties and municipalities broad immunity, with limited exceptions defined by statute.

Exceptions under Delaware's county and municipal tort claims law include certain claims involving the negligent operation of public vehicles and some claims involving public buildings. The state has its own rules. Because these claims are narrow and technical, they need early legal review. Learn more about government and public property claims.

What other premises claims arise in Delaware?

Negligent security, dog attacks and recreational injuries are also common.

Negligent security claims arise when apartment complexes, hotels or parking garages fail to provide reasonable lighting, locks or security despite prior incidents. Dog bites on someone else's property may fall under Delaware's strict liability rule for dog owners; see our dog bite practice. Delaware also has a recreational use statute that limits the liability of owners who open land to the public for free recreation, though willful or malicious conduct is not protected.

How should you protect a Delaware premises claim?

Document the hazard, report it in writing and get medical care right away.

1. Photograph the hazard, lighting, signs and your footwear.
2. Report the incident to the business or rental manager and get a copy of the report.
3. Get names of witnesses and employees.
4. Keep your shoes and clothing.
5. Contact our team for a free case review. Read our premises liability practice page or the Delaware injury hub, and our Delaware wrongful death page for fatal incidents.