What Happens If You’re Injured on Public Property in Delaware?

Slip-and-fall accidents can happen anywhere, but when they occur on public property, like a city sidewalk, courthouse steps, or a state-owned park, the legal process becomes more complex. If you suffered an injury on city property in Delaware, such as outside Wilmington’s City Hall or along Market Street, you may have the right to pursue compensation.

However, holding a government agency accountable requires understanding municipal liability in Delaware and acting within strict deadlines. Give our team at Edelstein Martin & Nelson a call today to discuss your case with our experienced Delaware slip-and-fall lawyer. 

Understanding Municipal Liability in Delaware

Municipal liability in Delaware refers to the legal responsibility a government entity may hold when someone is injured due to negligence on public property. These entities include city, county, and state governments that maintain streets, sidewalks, parks, and buildings. While they are not immune to lawsuits, they are protected by specific legal rules that limit when and how they can be sued.

For example, if you tripped over a cracked pavement near Rodney Square or slipped on wet stairs at the Dover DMV, a government agency could be responsible if it failed to maintain the property or warn the public about a known hazard. But proving this requires more than just showing that you were injured; it demands evidence of negligence.

Common Public Property Accident Locations in Delaware

Slip-and-fall injuries can happen on a wide range of public properties across Delaware. Some of the most common locations include:

• Sidewalks and walkways: Along streets such as Kirkwood Highway in Newark or Rehoboth Avenue in Rehoboth Beach.
• Public transportation stops: DART bus shelters and platforms, especially during icy or rainy weather.
• Government buildings and facilities: Steps and entryways to places like the New Castle County Courthouse or libraries.

These areas are often heavily trafficked, making maintenance a critical responsibility for local agencies. When they fail in that duty, accidents and injuries can follow.

What You Need to Prove

Bringing a claim for a public property accident in Delaware involves several key elements. You’ll need to prove that:

• A dangerous condition existed on the public property.
• The government agency knew or should have known about the condition.
• The agency failed to fix it or provide a warning in a reasonable time.
• This failure directly caused your injury.

This is not always easy. Government agencies may argue they weren’t given enough time to fix the issue or that you were partially at fault. For instance, if you fell on a poorly lit path at Brandywine Park, they might claim the hazard was open and obvious or that you weren’t paying attention.

Special Rules and Deadlines Apply

If you’re considering legal action for an injury on city property in Delaware, timing is crucial. Unlike personal injury claims against private parties, claims against government entities are subject to different rules:

• Notice of claim: You must notify the government agency of your injury, often within a very short window, sometimes as little as 90 to 180 days.
• Shortened statute of limitations: While most personal injury claims have a two-year statute of limitations, public property claims may have stricter timelines.
• Damage caps: Delaware law limits how much compensation you can recover from a municipality or state agency, even if your injuries are severe.

Failing to meet these legal requirements could result in your claim being dismissed, no matter how serious your injuries are.

Call a Delaware Slip-and-Fall Lawyer from Edelstein Martin & Nelson

Filing a claim for a public property accident in Delaware is far from straightforward. Government agencies are backed by legal teams and insurance adjusters trained to deny or minimize claims. Having an experienced Delaware slip-and-fall lawyer on your side can make a significant difference. A skilled attorney can investigate the hazard, gather evidence, and ensure you meet all legal requirements while protecting your rights.

If you were injured on public property, whether at a city park, public library, or government office, don’t wait. Contact Edelstein Martin & Nelson today at (302) 295-5050 to speak with our knowledgeable Delaware slip-and-fall lawyer. We’re here to help you hold the responsible agency accountable and fight for the compensation you deserve.