Slip and Fall Accidents with Snow and Ice

January 9, 2020

With the upcoming winter months, we must remind ourselves to take proper precautions while traveling. Chances of suffering a slip and fall accidents are high due to snow and ice covered surfaces. It is important that property and business owners maintain the areas where people walk. If you slip or fall because of the negligence of a property owner, you may be eligible for compensation for your sufferings.

Laws Regarding Slip and Fall Accidents

Properly building a case is essential when trying to receive compensation for slip and fall injuries. Questions about your circumstances and injuries may arise, especially if it was on someone else’s property. Before trying to seek out compensation yourself, it is highly recommended to seek the advice of slip and fall lawyer. The following are some laws regarding slip and fall accidents:

• Statute of Limitations: In the state of Delaware, there are few laws that apply to slip and fall accidents. The statute of limitations law gives you two years from the date of the incident to file a lawsuit against the property owner. This also applies if you were uninjured in the accident, but your property was damaged. If you miss the deadline and decide to file, your case will likely be dismissed.
• Negligence: A property owner can be held negligible for your injury if they fail to fulfill their duty of care; it is their responsibility to make their property safe for travel. Reasonable maintenance and natural accumulation will be considered. Property owners must prove their snow and ice removal was reasonable considering their location and the natural accumulation of weather.
• Comparative Negligence Rule: Another law to consider, particularly in Delaware, is the comparative negligence rule. This is often combative. Both you and the plaintiff hold some responsibility in the accident. Each parties’ actions will be reviewed by the jury. If you hold over 50% responsibility of the accident, then you cannot recover compensation.

Evidence of Accident

It is important to build a strong case for compensation; gathering all evidence of the accident is essential. Information that should be collected includes medical summaries and bills, contacts with insurance companies, and photos of the locations that include the snow and ice. In some cases, property owners may reach a settlement with the plaintiff if they fear a public lawsuit; having a strong case in your favor is vital for recovering potential losses.

Dover Slip and Fall Lawyers at Jacobs & Crumplar, P.A. Defend Those Injured in Slip and Fall Accidents

If you or someone you know was injured in a slip and fall accident, you may be eligible for compensation. It is important to be safe when you travel during the winter months. Even with extra precautions, accidents can happen. Our slip and fall lawyers at Jacobs & Crumplar, P.A. will protect your rights and determine negligence. Contact us online or call us at 302-656-5445 for a free consultation regarding your potential case. Located in Wilmington and Georgetown, Delaware; we also serve the communities of Dover, New Castle County, and Sussex County.