In Delaware, property owners are at fault in slip and fall cases under premises liability laws if they fail to maintain safe conditions or warn of known hazards, allowing injured parties (especially invitees) to seek compensation if less than 50% at fault under the modified comparative negligence rule. Claims must be filed within two years, proving the owner knew or should have known of the danger via actual or constructive notice. Compensation covers medical bills, lost wages, and pain, but guests and trespassers face higher bars under 25 Del. C. § 1501, limited to intentional or willful acts.​
Duty of Care
Business invitees receive the highest protection, requiring owners to inspect, repair hazards like wet floors, and provide warnings. Owners must keep premises reasonably safe, with liability for foreseeable risks they knew or should have discovered. Licensees (social guests) get warnings of known dangers, while trespassers rarely recover absent willful misconduct.​
Fault Determination
Courts assess owner negligence (e.g., failure to clean spills promptly) against victim actions; recovery is barred if victim exceeds 50% fault, with damages reduced proportionally otherwise. Evidence like surveillance or witness statements proves notice and breach. Insurers often contest by blaming victim negligence.​
Compensation Process
Victims pursue claims via negotiation or lawsuit, aiming to restore pre-injury position including future medical costs if treatment followed. Self-employed claimants prove lost income through records. Consult counsel early due to strict timelines and defenses.
SOURCES
[1](https://law-de.com/how-premises-liability-works-in-delaware/)
[2](https://www.shelsbyleonilaw.com/practice-areas/premises-liability-lawyer/)
[3](https://injuryde.com/practice-areas/premises-liability/)
[4](https://www.fandpnet.com/wp-content/uploads/2015/08/Delaware-Tort-Profile.pdf)
[5](https://www.schmittrod.com/articles/flooring-fiascos-how-delaware-law-handles-slip-and-fall-incidents/)
