Types of Liability in Delaware Personal Injury Cases

Accidents can happen anywhere, at any time, to any person. While it is possible for them to happen because of a person’s own wrongdoing, they can also happen as a result of another person’s neglect. When people fail to provide others with a lawful standard of care, a personal injury accident can happen. This is when someone is injured as a result of another person’s neglect. In the event of this, an injured party may want to file a claim for a personal injury lawsuit to hold the negligent party responsible.

Premises Liability

Premises liability cases take place when a person becomes injured on another party’s property due to poor conditions. Premises liability law covers situations such as slip and fall accidents, dangerous conditions, defective security, inadequate maintenance, school negligence, and more.

In the state of Delaware, property owners have a legal obligation to maintain a safe property. This is so that when people come onto their property, they are safe and do not sustain an injury. Property owners are required to make repairs to their property, warn people about unsafe conditions, ensure the property is safe, and provide necessary security measures. If they fail to do so and a person becomes injured, the property owner can be held liable for negligence.

To hold another party responsible for negligence, the injured party must pursue a personal injury lawsuit. During their case, they must prove two things: the party was obligated to take care of the property on which they were injured and that their injuries were a result of the owner’s inability to do so.

Product Liability

A product liability case is when a person is injured because of a defective product. This can happen if a mistake is made or manufacturers deviate from protocol during the production of a consumer item. When products are made improperly, they can become defective and severely injure a person. There are three main categories of defects seen in product liability cases:

  • Design defect: When a designer does not account for a user’s safety when creating the product
  • Manufacturer defect: When a manufacturer strays from the usual production process, causing the product to injure someone
  • Failure to warn: When a company fails to provide a warning label for a product that can hurt someone if it used incorrectly

Statute of Limitations

When someone is involved in a personal injury accident, it is important that they not wait too long to file a claim for a lawsuit if they wish to do so. This is because there is a statute of limitations. This is a deadline that requires an injured party to file a claim for a personal injury lawsuit within a certain amount of time. If they do not, they may lose their right to do so. The statute of limitations for a personal injury case in Delaware is two years.

Contact our Firm

If you or someone you know was involved in a personal injury accident and wishes to speak with a skilled attorney, contact Mattleman, Weinroth & Miller, P.C. today.

MW&M is comprised of an experienced team of attorneys focusing on legal matters of personal injury, workers’ compensation, Social Security Disability, product liability, and wrongful death in Delaware. If you require an effective attorney to guide you through these difficult legal matters, contact MW&M today to schedule a free case evaluation.