Property owners in Delaware — from grocery stores in Wilmington to apartment complexes in Dover to beach rentals in Lewes — have legal duties to keep their premises reasonably safe. When a property is allowed to fall into a dangerous condition and someone gets hurt, the law gives the injured person a way to seek compensation for what was lost.
At Schuster Jachetti LLP, we represent Delaware residents and visitors in premises liability cases. That includes slips and falls, trip-and-fall injuries, parking lot incidents, dog bites, swimming pool accidents, apartment complex injuries, and incidents on commercial property where security or maintenance fell short.
Joseph M. Jachetti was admitted to the Delaware Bar in 1998. Before practicing law, he spent ten years as an insurance claims adjuster — and slip-and-fall files were a regular part of that work. Premises insurers handle these claims through a particular lens, and we know what that lens looks like. Hablamos Español.
Premises cases are sometimes treated as easy to evaluate from the outside. They are not. Liability turns on facts that need to be developed quickly, and the difference between a viable case and a dismissed one can come down to evidence that was available for two days and then erased. We move quickly on these claims because the evidence requires it.
How Premises Liability Cases Work in Delaware
Delaware premises liability law turns on the relationship between the injured person and the property owner. Traditionally, Delaware courts have classified visitors into three categories: business invitees, licensees, and trespassers. The duty owed by the property owner shifts with that category.
- Business invitees — customers and others on the property for the owner’s business benefit. The owner owes the highest duty: a duty to keep the premises reasonably safe and to warn of known or reasonably discoverable hazards.
- Licensees — social guests and others on the property with permission but not for business reasons. The owner generally must warn of known dangers but does not have the same duty to inspect.
- Trespassers — persons on the property without permission. The duty is much narrower, with limited exceptions like attractive nuisance for children.
Landlord-tenant duties are governed in part by Title 25 of the Delaware Code, which addresses landlord obligations under the Landlord-Tenant Code (25 Del. C.). A Delaware landlord generally has duties around habitability, common areas, and known hazards. Lease provisions and the practical control of common spaces often drive who is responsible when something goes wrong.
Personal injury claims arising from premises incidents are subject to Delaware’s two-year statute of limitations in 10 Del. C. § 8119. Claims against state or municipal property owners may have shorter notice requirements.
Delaware’s modified comparative negligence rule in 10 Del. C. § 8132 applies. If you were 50% or less at fault, you may still recover, with the award reduced by your share. At 51% or more, recovery is barred. Premises insurers lean hard on comparative fault, especially in slip-and-fall cases.
The notice element is where most Delaware slip-and-fall cases turn. The plaintiff generally has to show that the property owner either created the dangerous condition, knew about it, or should have known about it through reasonable inspection. A puddle that has been on the floor of a grocery store for thirty minutes, with footprints through it and dirty cart tracks, looks very different to a Delaware jury than a puddle that appeared two minutes before the fall. Establishing how long a hazard existed often comes down to surveillance video, employee timekeeping, inspection logs, and the testimony of witnesses who were in the area beforehand.
Open and obvious hazards are another defense premises insurers raise frequently. Delaware law recognizes that property owners do not always have a duty to warn of conditions that should be apparent to a reasonable visitor. Whether a particular condition counts as open and obvious is fact-specific and is rarely as clear-cut as the carrier wants it to be. Lighting, visual distractions, weather conditions, and the layout of the area all play into that analysis.
Common Types of Premises Cases We Handle
We represent clients injured on Delaware property in a wide variety of cases:
- Slip and fall accidents — wet floors, spilled liquids, and unmarked hazards in stores and restaurants.
- Trip and fall accidents — uneven sidewalks, raised mats, and damaged flooring.
- Parking lot falls and injuries — potholes, ice, and inadequate lighting.
- Dog bites and animal attacks — under Delaware’s dog bite statute and common law.
- Negligent security cases — assaults that occurred because security at an apartment complex, parking garage, or business was inadequate.
- Apartment complex injuries — broken stairs, missing handrails, and common-area hazards.
- Swimming pool accidents — drownings and near-drownings, often involving missing fencing.
- Snow and ice falls — on commercial property where reasonable removal was not done.
- Stairway and escalator falls — building code violations and maintenance failures.
- Hotel and short-term rental injuries — including beach-area rental properties.
Who Can Be Held Liable
A premises case can name any party with control over the dangerous condition, including:
- Property owners. The most common defendant.
- Tenants and businesses. Where the lease assigns control of the area.
- Landlords. Where the hazard was in a common area or the landlord had a duty to maintain.
- Property management companies. Often responsible for inspections and maintenance.
- Cleaning and maintenance contractors. When the hazard arose from contracted work.
- Security companies. In negligent-security cases.
- Government entities. Where the property is publicly owned, subject to short notice deadlines.
Identifying the right defendant in Delaware premises cases is often the key. Liability frequently turns on lease language, contracts between owners and management companies, and who actually controlled the area where the injury occurred.
In commercial cases, we typically look at the lease between the landlord and the tenant, the contracts between the property and any cleaning or maintenance vendors, and the insurance certificates filed between those parties. Indemnity provisions in those contracts can shift the practical responsibility for the loss between defendants. Sorting that out early lets us name the right parties and avoid late additions that can run into statute of limitations problems.
Damages You May Be Able to Pursue
You may be able to pursue compensation for:
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Permanent disability and disfigurement
- Loss of consortium for a spouse
- Wrongful death damages in fatal cases
Punitive damages are rare in routine slip-and-fall cases but may be considered when the property owner ignored known and serious hazards. Each case turns on its own facts, and we work to obtain compensation on your behalf based on the actual evidence in the file.
One area we pay close attention to: cases where the injured client has a pre-existing condition that the fall aggravated. Carriers often try to apply the entire injury to the pre-existing condition. Delaware law generally allows recovery for the aggravation of a pre-existing condition caused by negligence — the “eggshell plaintiff” rule. The medical record needs to be developed to distinguish what was there before and what changed because of the fall. That is a doctor-by-doctor conversation, not a one-size-fits-all argument.
How Insurance Companies Handle These Claims
Joseph Jachetti spent 10 years as an insurance claims adjuster before practicing law. He knows how insurers evaluate and minimize claims — and uses that knowledge on behalf of every client.
Premises adjusters are trained to look at three things first: notice, fault, and footwear. Notice means whether the property owner knew or should have known about the hazard. Fault means whether the visitor saw or should have seen what they tripped over. Footwear means whether the carrier can argue your shoes contributed. Surveillance video is requested fast and often pulled from systems before plaintiffs even think about it.
We get involved early to send preservation letters for video, identify witnesses while they are still findable, photograph the scene before it is cleaned or repaired, and document the medical record from the right angle. The adjuster’s case file is built within days of the incident. Ours has to be built on the same timeline. More about Joseph Jachetti’s background.
One specific tactic we see often: an adjuster offers a small “goodwill” payment within a week or two of the fall, usually with a quick release. The amount typically does not even cover the emergency room copay. Once the release is signed, the case is over — even if surgery becomes necessary three months later. Never sign a release from a premises insurer without a lawyer’s review.
Steps to Take After a Premises Injury
If you were hurt on someone else’s property in Delaware:
- Get medical attention. Even if you feel okay at the scene, soft-tissue and head injuries often surface a day or two later.
- Report the incident in writing. Ask for a written incident report. Get a copy.
- Photograph everything. The hazard, the surrounding area, lighting, signs, and what you were wearing.
- Identify witnesses. Get names and personal phone numbers, not just business cards.
- Preserve evidence. If a defective product or shoe is involved, do not throw it away.
- Save records. Medical bills, work notes, mileage to appointments.
- Talk to a Delaware premises liability lawyer before signing anything. Quick offers and recorded statements are common moves and rarely in your interest.
Frequently Asked Questions
How long do I have to file a premises liability claim in Delaware?
Most premises injury claims fall under Delaware’s two-year statute of limitations in 10 Del. C. § 8119. Claims against governmental property owners can have much shorter notice deadlines — sometimes just a few months. The earlier you talk to a lawyer, the more options you have.
What if I was partially at fault for the fall?
Delaware’s modified comparative negligence rule allows recovery if your share of fault is 50% or less, with the award reduced by your percentage. Adjusters love to argue you should have seen the hazard. The right photos, witness statements, and lighting evidence often blunt that argument.
How much does a Delaware premises liability lawyer cost?
We handle premises cases on a contingency fee. There is no upfront fee. We are paid only if we recover compensation for you. Initial consultations are free.
What’s my premises liability case worth?
Case value depends on the severity of the injury, the available insurance coverage, the strength of the evidence on notice and fault, and the long-term medical picture. We give a realistic range only after the records are in and the evidence is gathered.
Do I have to go to court?
Many premises cases settle before trial. Some require a lawsuit, depositions, and motion practice before a serious offer is made. We prepare every case as if it will be tried because that posture is what produces fair settlements.
What if there was no surveillance video?
Cases without video are still winnable. Witness statements, employee testimony, photos taken at the scene, weather records, inspection logs, and the physical evidence of the hazard itself can all combine to prove the case. The absence of video sometimes works against the defense as well — particularly when the property had cameras and failed to preserve the relevant footage.
Are short-term rental and Airbnb hosts liable in Delaware?
Hosts of short-term rental properties have premises duties to their guests, just like other property owners. Cases involving beach rentals, vacation properties, and other short-term arrangements often involve overlapping insurance from the host’s homeowner policy and the platform’s coverage. We help clients sort through those layers and identify every available source of coverage in the case.
Schuster Jachetti LLP Serves Delaware Property Injury Clients
Reach our intake team through any of our four offices:
- Wilmington — (302) 966-8684
- Smyrna — (302) 775-0728
- Georgetown — (302) 877-9524
- Lewes — (302) 527-9513
Sitewide intake: (302) 984-1000. If your injury makes travel difficult, we can meet by phone, video, or in person at your home or hospital.
Talk to a Delaware Premises Liability Lawyer Today
If you were hurt on someone else’s property and the owner or insurer is brushing it off, get a second opinion. The consultation is free and there is no obligation to hire us.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
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