Hiring a Slip and Fall Lawyer in Delaware
Who is responsible for a fall in Delaware, the deadline to sue and the shorter deadline for falls on city property, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Delaware: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | Fee disputes are not handled by the Office of Disciplinary Counsel; it refers them to the Delaware State Bar Association's Fee Dispute Committee, which hears disputes between lawyers and clients (and between successive lawyers on the same matter). To start, the initiating party signs a Petition and an Agreement to Arbitration and delivers them to the Committee Chair (not to the DSBA office). The committee does not give legal advice about fee agreements. ODC referral: https://courts.delaware.gov/odc/complaint.aspx |
| If a lawyer takes your money | The Lawyers' Fund for Client Protection of the Supreme Court of Delaware can reimburse people who suffered financial losses from a lawyer's dishonest conduct. File a signed and notarized Statement of Claim with the Fund at The Renaissance Centre, 405 North King Street, Suite 500, Wilmington, DE 19801 (ARMS_LFCP@delaware.gov); no lawyer is needed. Claims are screened for eligibility and investigated, and the Trustees decide in their discretion whether and how much to pay, considering the money available, the number of claimants and hardship. The Fund also advises reporting attorney theft to the Attorney General's Office and to Disciplinary Counsel. |
Delaware rules to know first
| Property owner's duty | Slip and fall / premises liability: in Delaware, a business owner or landowner must keep the areas of the premises ordinarily used by customers reasonably safe and is responsible for injuries caused by defects or conditions it actually knew of or could have discovered by a reasonably prudent inspection; the owner is not an insurer of the invitee's safety, and negligence is not presumed just because an invitee was hurt. An owner in exclusive control must inspect, and then repair or warn of dangers a prudent inspection would reveal. Under Delaware's premises guest statute, a guest without payment (a licensee) or a trespasser cannot recover unless the owner or occupier caused the injury intentionally or by willful or wanton disregard of the person's rights. Instruction 15.8 cites 25 Del. C. § 1501 (the guest statute); the statute text itself was not read. |
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| Claims against a city or county | Claims against a county or city: Delaware local governmental entities are immune from tort suits except where a statute provides otherwise; they are liable for negligence only in listed situations (motor vehicles and equipment, construction, operation or maintenance of public buildings, and sudden pollutant releases). Recovery is capped at $300,000 per occurrence against the political subdivision and its employees combined, including costs, unless the entity carries more insurance. A political subdivision may require notice of claim by ordinance, but cannot bar a suit if notice was given within one year of the occurrence. Source: 10 Del. C. §§ 4011, 4012, 4013 |
| Fault rule | Modified comparative negligence (51% bar). An injured person whose negligence was not greater than the negligence of the defendant (or of all defendants combined) can recover, but damages are reduced by his or her percentage of negligence. Re-verified 2026-10-27. Source: Del. Code tit. 10, § 8132 |
| Deadline to sue | A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained. Re-verified 2026-10-27. Source: Del. Code tit. 10, § 8119 |
Find and check a lawyer
| Lawyer referral service | The Delaware State Bar Association's Online Lawyer Referral Service (OLRS) is strictly a referral service: you submit a request online, and participating attorneys may choose to respond and set an appointment, with "a $35.00 fee for the initial 30 minute interview"; further fees are negotiated with the attorney. The DSBA asks people not to call its office for referrals; the online system is the only way it helps people find a lawyer, and it cannot recommend an attorney. |
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| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC) assists the Delaware Supreme Court in regulating lawyers. It evaluates and investigates complaints that a lawyer violated the Delaware Lawyers' Rules of Professional Conduct and may start formal disciplinary proceedings. File the ODC Complaint Form online (preferred), or mail a printed form to ODC, Leonard L. Williams Justice Center, 500 N. King Street, Suite 500, Wilmington, DE 19801; complaints are not accepted in person or by phone, and a separate form is needed for each lawyer. ODC notifies you in writing of the outcome; the process is generally confidential and ODC does not decide fee disputes. Public discipline (disbarment, suspension, interim suspension, public reprimand, transfer to disability inactive status) is listed in the Digest of Lawyer Discipline. Phone: (302) 651-3931. Digest of Lawyer Discipline: https://courts.delaware.gov/odc/digest/ ; FAQs: https://courts.delaware.gov/odc/faqs.aspx |
Free legal help
| Free legal aid | The Delaware Legal Help Link (delegalhelplink.org) is a free online intake, available 24/7, for people who meet certain standards including federal poverty income guidelines; completing an intake does not guarantee representation. It is a collaboration of the Delaware State Bar Association, Delaware Bar Foundation, Delaware Volunteer Legal Services, Widener University Delaware Law School, Community Legal Aid Society, Inc., and Legal Services Corporation of Delaware, the state's LSC-funded legal aid organization. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.