Delaware Slip and Fall Lawyers

A fall in a store aisle, on a slick sidewalk, or in an apartment stairwell can change your life in seconds. Broken bones, head injuries, or an injured back aren’t “minor accidents” when they leave you out of work and buried in medical bills.

Slip-and-fall accidents in Delaware are usually handled under premises liability law, which focuses on whether a property owner or occupier failed to keep the premises reasonably safe for visitors. Rhoades & Morrow represents injury victims who have been hurt in falls across Delaware, from Wilmington and Newark to Milford, Lewes, and everywhere in between.

What is a Slip and Fall Accident in Delaware?

A slip and fall accident (or trip and fall) happens when a person loses their footing because of a hazardous condition on someone else’s property and is injured as a result. That can include:

• Grocery and big‑box stores
• Restaurants and bars
• Shopping centers and parking lots
• Office buildings and workplaces
• Apartment complexes and rental homes
• Private homes and driveways

Under Delaware law, a property owner or occupier has a legal obligation to keep their premises reasonably safe for lawful visitors and to fix or warn about dangerous conditions they know about, or should find during reasonable inspections.

A slip and fall case is really about one question: Could this fall have been prevented if the property had been adequately maintained or the hazard had been clearly marked?

Common Causes of Slip and Fall Accidents

Falls rarely “just happen.” They usually trace back to a preventable hazard. Typical causes include:

• Wet or freshly mopped floors with no warning signs
• Spilled food or liquids in store aisles
• Snow and ice on sidewalks, steps, or parking lots
• Loose rugs, mats, or torn carpeting
• Cracked or uneven flooring or pavement
• Cluttered walkways or cords across paths
• Poor lighting in hallways, stairwells, and parking areas
• Broken or missing handrails

In Delaware, property owners are expected to inspect their property, fix hazards within a reasonable time, or clearly warn visitors if a danger can’t be fixed right away. If they don’t, and someone gets hurt, they can be held liable for the results.

Serious Injuries and Long‑Term Impact

Slip and fall accidents are a significant source of serious injuries in the U.S. Nationally, falls send about 3 million older adults to emergency departments each year, and falls are a leading cause of injury and death in people 65 and older.

Common injuries from a fall include:

• Broken bones (especially wrists, hips, and ankles)
• Head trauma and concussions
• Neck and back injuries, including herniated discs
• Knee, shoulder, and hip injuries
• Spinal cord injuries and, in severe cases, paralysis

These injuries often require medical treatment, physical therapy, or surgery, and can keep you out of work for weeks or months. The result is a pile of medical expenses, lost wages, and long‑term pain that can change how you move, work, and live.

When is a Party Responsible for a Slip and Fall Accident?

To bring a premises liability claim in Delaware, you generally need to show that the property owner or occupier was negligent, not just that you fell. In plain terms, that usually means proving:

1. There was a hazardous condition, such as a wet floor, ice, a broken step, uneven pavement, or a cluttered aisle.
2. The property owner knew or should have known about it because they created it (for example, mopped a floor and left no sign), they actually knew about it and didn’t fix it, or it existed long enough that they should have discovered and corrected it with reasonable inspections.
3. The property owner failed to take reasonable steps, including cleanup, repairs, or posting warning signs.
4. You were hurt because of that condition, and you suffered injuries that required medical care and caused financial loss.

Depending on the situation, more than one party can be held liable — for example, a store tenant plus a shopping‑center owner or a property management company.

How Delaware’s Comparative Negligence Rule Works

Delaware uses a modified comparative negligence rule 10 DE Code § 8132 (2024) in personal injury cases, including slip-and-fall accidents. You can recover compensation as long as you are not more than 50% at fault for the accident.

• If you are partly at fault (for example, distracted by your phone or ignoring a clear warning sign), your damages are reduced by your percentage of fault.
• If a court finds you more than 50% responsible, you cannot recover damages.

Insurance companies know this rule very well. They will often argue that:

• The danger was “open and obvious.”
• You were wearing unsafe shoes.
• You “should have watched where you were going.”

A Delaware slip and fall lawyer can push back on unfair blame and make sure the focus stays where it belongs: on the property owner’s negligence.

Compensation Available in Slip and Fall Cases in Delaware

If someone else’s negligence caused your fall, a personal injury claim may allow you to seek damages for:

Economic losses

• Past and future medical bills (ER care, hospital stays, surgery, physical therapy, medications)
• Lost wages while you’re out of work
• Reduced earning capacity if you can’t return to your old job
• Out‑of‑pocket costs (travel to appointments, medical equipment, home modifications)

Non‑economic losses

• Physical pain and suffering
• Emotional distress and anxiety about falling again
• Loss of enjoyment of daily activities

In severe cases, a fall can lead to permanent disability or even wrongful death, which may support additional claims on behalf of surviving family members.

How Long Do You Have to File a Slip and Fall Claim in Delaware?

For most slip and fall claims in Delaware, you have two years from the date of the accident to file a lawsuit in civil court. This comes from Delaware’s general personal injury statute of limitations.

A few key points:

• Wait too long, and your claim can be barred even if liability is clear.
• Claims involving public property or government entities may require additional notice and shorter effective deadlines.
• Evidence (video, incident reports, witness contact info) is easier to secure when you act early.

If you’re even close to that two‑year mark, you should speak with a slip and fall attorney as soon as possible.

What To Do After a Slip and Fall Accident

Right after a fall, you’re usually dealing with pain and embarrassment. These steps help protect both your health and your legal options:

1. Get medical attention: Go to the ER, urgent care, or your doctor — even if you think you’re “okay.” Some injuries show up hours or days later.
2. Report the accident: Tell the store manager, property owner, landlord, or supervisor. Ask them to create an incident report and get a copy.
3. Document the scene: Gather evidence by taking photos or video of what caused your fall (spill, ice, broken step, poor lighting), note whether any warning signs were present, and get names and contact information for any witnesses.
4. Preserve evidence: Keep the shoes and clothing you were wearing, and save receipts or appointment cards showing your medical treatment.
5. Be careful talking to the insurance company: The property owner’s insurance company may call quickly. It’s usually not in your best interests to give a recorded statement, guess about what happened, minimize your injuries (“I’m fine”), or accept a quick settlement before you know the full extent of your injuries.
6. Get a free consultation with a slip and fall attorney in Delaware: An experienced personal injury attorney can explain your rights, evaluate whether the property owner should be held liable, and handle communications so you’re not fighting with an adjuster while you’re trying to heal.

How Our Slip and Fall Attorneys Can Help

Slip and fall cases look simple from the outside, but they can be some of the most complex personal injury cases to win because they often turn on notice, timing, and credibility. An experienced slip and fall lawyer can:

• Investigate quickly: Request surveillance footage, incident reports, and maintenance records, visit the scene before it changes, and interview witnesses
• Build the liability case: Show that the property owner knew or should have known about the hazard, demonstrate how long the dangerous condition existed, and identify all parties involved (owner, tenant, management company, contractors)
• Document your damages: Gather medical records and bills, track wage loss and how your job duties have changed, and work with your doctors to explain long‑term limitations
• Handle settlement negotiations: Deal directly with the insurance company so you don’t have to, push for fair compensation, not the first low offer on the table, provide clear legal representation, explain the legal process and Delaware’s modified comparative negligence rule in plain language, and prepare your case for trial if a fair settlement isn’t offered

Most personal injury law firms that handle Delaware slip and fall cases, including Rhoades & Morrow, work on a contingency fee basis, meaning you typically don’t pay attorney fees unless they recover compensation for you.

Slip and Fall Accidents in Stores, Parking Lots, and Homes

Many Delaware slip and fall cases involve:

• Retail stores and supermarkets: Spills, produce on the floor, leaking coolers, or recently mopped aisles without warning signs.
• Parking lots and sidewalks: Ice and snow not cleared within a reasonable time, potholes, broken pavement, or unmarked changes in elevation.
• Apartment buildings and rental homes: Broken steps or loose railings, poor lighting in hallways and stairwells, or landlords ignoring complaints about leaks or unsafe flooring.
• Private homes: Hazards that the homeowner knew about but didn’t fix or warn guests about.

Whether the property owner is a big chain, a local landlord, or a homeowner, the core question is the same: did they act reasonably to keep their property safe, and did their failure cause your fall injury?

Frequently Asked Questions