Accidents happen all the while and injuries are inevitable in accidents and perhaps the victims always claim damages or compensation. One of the major premises of accidents is ‘slip and fall,’ a special type of case wherein accidents happen due to fall and such fall happens by slipping over something thereby injured sustaining injuries which are claimable under the head slip and fall as a subset of the law of tort. Let’s elucidate the concept of slip and fall with special reference to Delaware slip and Fall laws.
Slip and Fall Claims
Slip and fall cases happen when there was negligence in maintaining the property which leads to accidents. Slippery flooring, dangerous pavements, hidden roots, ice not removed properly, sideways unfit for walking and so on are some of the instances that lead to slip and fall cases. In a slip and fall claim, it is for the claimant to demonstrate that the accident happened only due to violation of duty by the owner, who thereby negligently let the accident happen which otherwise would have been avoided by applying reasonable care or by having constructive notice of the hazard. The law presumes that the owner of the property had acted negligently and caused personal injury to the victim and hence the case is liable for the claim.
The plaintiff in a case of slip and fall is entitled to claim damages for injuries sustained towards loss of earning, medical bills and for pain and suffering. The damages awarded will be on par with the nature of injury in cases involving serious damages to body parts such as spinal cord, head or even death; higher the damage, more the compensation. Contributory negligence states may differ in the implication and application of law.
Since negligence is the prime point for consideration in slip and fall cases, the claim will always be
countered by invoking the principle of contributory negligence before arriving at the damages. Usually usurped in defense, law pertaining to contributory negligence has it that it is also the fault of the injured that paved for the accident and consequential injuries. However, contributory negligence states like Delaware have it that even if the negligence of the injured had role in causing the accident, it will not restrain him from claiming damages if such negligence was less than that of the property owner’s. The damages herein will be limited by such contributory negligence of the plaintiff.Google+