What is a Property Owner’s Legal Obligation?

Can you recover compensation in Delaware if you are injured because someone committed a crime against you on private property? In many cases, the answer is yes. The first step is to discuss the case with a Delaware premises liability lawyer.

Delaware law obligates every Delaware property owner to make “reasonable” efforts to keep customers, tenants, employees, and the general public safe from harm, including the harm associated with crimes such as assault, battery, and armed robbery.

Delaware property owners who fail to implement appropriate security measures or inform customers, employees, or other visitors about potentially dangerous conditions may be held liable when someone is injured due to criminal activity on the property.

When Should You Contact an Attorney?

In Delaware, if you are injured by criminal activity because a property owner failed to provide locks, alarms, surveillance cameras, adequate lighting, or security guards, contact a Delaware premises liability attorney immediately after a medical professional examines and treats you.

If you are injured on private property in this state and your injury could have been prevented by a property owner’s reasonable action, the property owner may have to compensate you for your losses and damages.

Along with the injuries caused by slippery floors, dilapidated staircases, and other hazards, Delaware property owners may be held liable, in some cases, for injuries caused by violent or criminal behavior.

When is Security Inadequate?

Security is everyone’s concern. Retailers advertise well-lit parking lots, real estate agents stress security when they sell properties, and fans presume that security guards and surveillance cameras protect them at sporting events and concerts.

While you do not need to hire a security guard to protect visitors at your home, security is necessary at commercial locations like parking lots, garages, and other sites where crimes are likely to occur. Inadequate security at commercial properties includes but is not limited to:

  1. poor lighting and visibility in parking lots, garages, stairwells, and hallways
  2. broken or defective alarm systems or locks
  3. failure to hire security guards or install surveillance cameras
  4. failure to install or maintain sprinklers, railings, or fire extinguishers

Where Is Security Necessary?

Security is always a concern at locations open to the public: arenas, stadiums, bars, nightclubs, apartment complexes, hotels, restaurants, theaters, amusement parks, garages, and parking lots. When property owners do not maintain properties for safety, tragedies can happen.

Whenever someone is assaulted, battered, shot, stabbed, or otherwise injured by a criminal on commercial property, the victim may seek compensation from the property owner. In many cases, even if police never arrest the assailant, a property owner may be deemed liable if that property owner did not take appropriate and reasonable security measures.

How Can Crime Victims Recover Compensation?

If a criminal injures you on a commercial property in Delaware, can you file a premises liability claim to recover compensation? In many cases, the answer is yes. To prevail with your claim, you and your Delaware premises liability lawyer will have to prove the following:

  1. The owner failed to meet the legal obligation to keep the property reasonably safe and did not adequately warn you about potentially dangerous conditions at the property.
  2. The owner’s negligence directly caused your injury. For example, suppose a property owner neglects to install adequate lighting in a parking garage, and a mugger you cannot clearly see injures you. In that case, the property owner may have liability.

What if the Property Owner Disputes Your Claim?

How can a Delaware property owner defend against a premises liability claim based on criminal activity? The property owner could claim that your own negligence is the cause of your injury, and at the time you were injured:

  1. You were not paying attention to the surroundings or situation.
  2. You were trespassing or in an off-limits area.
  3. A reasonable person would immediately have recognized that the area was dangerous.

Premises liability claims based on inadequate security can get complicated quickly. Have an experienced Delaware premises liability attorney examine the details of the case and recommend the most constructive way for you to proceed, which may be filing a premises liability lawsuit.

Premises liability claims are usually settled out of court by the lawyers for both sides, and the victims in most premises liability cases never have to appear in a courtroom. However, if liability is in dispute or if no acceptable settlement is offered, your case may go to trial.

What Happens at a Premises Liability Trial?

If your premises liability case goes to trial, which is rare in this state, a jury will determine if – and how much – the property owner should compensate you for your medical expenses, lost earnings, personal pain and suffering, and related damages.

If a criminal injures you on private property, seek medical treatment immediately. After a medical professional has examined, treated, and released you, immediately schedule a consultation to discuss your rights with a premises liability lawyer.

Delaware has established a two-year statute of limitations for filing premises liability actions. That two years usually begins on the injury date, but if you sustained a hard-to-find or latent injury, the statute of limitations “clock” may start on the date the injury is discovered.

Bring Your Premises Liability Case to Schwartz & Schwartz

Do not wait two years or even two weeks to contact Schwartz & Schwartz for the help you need. Evidence deteriorates quickly, and the recollections of witnesses fade rapidly. The sooner you contact Schwartz & Schwartz, the more likely you will recover compensation for your injury

Schwartz & Schwartz represents the injured victims of negligence in Delaware, Pennsylvania, Maryland, New Jersey, and the District of Columbia. We know how to recover compensation for the injured victims of negligent property owners, and our record of success speaks for itself.

If we handle your premises liability claim, you will pay no lawyer’s fee to Schwartz & Schwartz unless and until we recover your compensation. Learn more, or launch the legal process now, and call Schwartz & Schwartz at 302-216-4498 (in Dover) or 302-281-0791 (in Wilmington) to schedule a free case review with no obligation.