Slip, Trip and Fall Injuries in Delaware

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.

Falls on snow and ice: a Delaware business owner or occupier must keep the premises, including sidewalks and entry ramps, reasonably safe from hazards of natural accumulations of ice and snow, and merely warning invitees is not enough. Under the continuing-storm rule, the owner may wait until the snowfall ends and a reasonable time afterward before acting.

Public sidewalks: under Delaware's County and Municipal Tort Claims Act, counties, cities and other local governmental entities are immune from damage claims for any defect, lack of repair or insufficient railing in a highway, sidewalk, parking area, bridge and similar public ways. Their liability for negligence is limited to listed exceptions (vehicles and equipment, public buildings, and pollutant discharges), and the sidewalk immunity applies notwithstanding those exceptions.

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.

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.

A lawsuit for personal injuries must be filed within 2 years from the date the injuries were sustained.