Premises liability in Nebraska is about holding property owners legally responsible for accidents occurring on their property. Victims of these accidents have important rights, which encompass the ability to file lawsuits or insurance claims for compensation. A premises liability lawyer can significantly assist victims by clarifying their options, representing them throughout the legal process, and most importantly, aiming to secure the maximum compensation and justice possible for victims.
Omaha Premises Liability Lawyers
At Liberty Law Group, our dedicated personal injury attorneys routinely handle premises liability cases across Nebraska and Iowa. Our team of dedicated legal professionals advocates on behalf of injured victims across Nebraska and Iowa. Our firm proudly serves the communities of Omaha, Lincoln, Papillion, Council Bluffs, and surrounding areas of East Nebraska and West Iowa. Including the Nebraska counties of Douglas, Lancaster, Sarpy, Dodge, Washington, Saunders, and Cass. Our attorneys are also licensed to practice law in Iowa and represent clients in the counties of Pattawattamie, Harrison, and Mills. Our team works to pursue justice and seek maximum compensation for victims and their families. If you or a loved one has been damaged by a slip and fall or another accident involving premises liability, contact our firm at (402) 865-0501 to request a free and confidential consultation to discuss your case with one of our attorneys.
Premises Liability Information Center
Below, Liberty Law Group explains the different types and causes of premises liability cases, the legal options available to those affected, and how a premises liability lawyer advocates for victims’ rights and fair compensation.
- Types of Premises Liability Cases
- Common Types of Injuries Sustained by Victims
- Potential Defendants in Premises Liability Cases
- Filing a Lawsuit or Insurance Claim in Premises Liability Cases
- Types of Damages in Premises Liability Cases
- Limitations on the Property Owner’s Duty of Care in Nebraska
- Frequently Asked Questions about Premises Liability Lawsuits
- How a Premises Liability Lawyer Helps Clients
- Additional Resources
Types of Premises Liability Cases
- Slip and Fall Accidents – Slip and fall incidents are the most frequent premises liability cases in Nebraska. These accidents happen when someone slips or trips due to unsafe conditions on another’s property. Common causes include wet or icy surfaces, unmarked hazards, or uneven floors. Nebraska law requires property owners to maintain a safe environment. This duty includes fixing known hazards without delay and clearly warning visitors of potential dangers. Whether in a supermarket with spilled milk or on a public sidewalk covered in ice, the property owner’s failure to address these risks can lead to a lawsuit.
- Negligent Security – Negligent security cases arise when someone is injured on a property due to inadequate safety measures. This category is particularly relevant in public spaces like parking lots, apartment buildings, clubs, bars, and malls. Property owners and managers in Nebraska are expected to provide a reasonably secure environment. This could involve installing sufficient lighting, employing the right amount of security, and maintaining surveillance systems. Not doing this can result in various incidents, from theft to physical assault.
- Elevator Accidents – Property owners with elevators are legally required to ensure they are regularly inspected and properly maintained. This includes addressing any known mechanical issues and conducting routine safety checks. Elevator accidents can occur due to mechanical failures, electrical issues, or improper maintenance. These incidents can lead to serious injuries and death, especially if the elevator malfunctions while in use.
- Escalator Accidents – Escalator accidents form another specific category of premises liability in Nebraska. Similar to elevators, property owners are responsible for the safe operation and maintenance of escalators. This duty includes regular inspections, addressing visible wear and tear, and fixing any reported malfunctions promptly. Accidents on escalators can be particularly dangerous, involving risks such as falls, being trapped, or clothing getting caught in the mechanism.
- Dog Bites or Animal Attacks – In Nebraska, property owners may be held liable for injuries inflicted by their animals, particularly dogs. This liability is not limited to bites but extends to any injury caused by the animal, such as knockdowns or scratches. Even in cases where the animal has no prior history of aggression, owners can still be liable if their negligence led to the attack. This includes situations where dogs are improperly restrained or allowed to roam freely in areas where they might encounter people.
- Swimming Pool Accidents – Swimming pool accidents are a significant concern in Nebraska, particularly during warmer months. Property owners with pools, whether private or public, are required to comply with safety regulations. This includes proper fencing to prevent unsupervised access, especially by children, and clear signage warning of potential hazards. Accidents can range from slips and falls on wet surfaces to tragic drownings.
- Toxic Substance Exposure – Exposure to toxic substances on someone else’s property forms another category of premises liability in Nebraska. Property owners are responsible for managing hazardous materials safely. This includes storing chemicals in secure locations and clearly marking areas where exposure risks exist. In industrial settings, this might involve ensuring proper containment of toxic waste. In residential areas, it could mean securing household cleaners or pesticides.
- Accidents Involving Children – Nebraska law imposes a higher duty of care towards children on properties, given their inability to fully appreciate the risks. This heightened responsibility means property owners must take extra precautions in areas where children are likely to be present. Examples include securing construction sites or pools, locking up dangerous equipment, and ensuring playground safety. Property owners are expected to identify and mitigate risks of child injuries – including foreseeing situations where children might trespass onto their property.
- Fires – Property owners in Nebraska have to comply with fire safety regulations and building codes. This includes installing smoke detectors, maintaining fire extinguishers, and ensuring proper electrical wiring. Fires can result from negligence like ignoring safety standards or not addressing known hazards. Victims of such fires, especially if they suffer burns or smoke inhalation, can seek damages if the property owner’s negligence led to the fire.
- Structural Defects and Poor Maintenance – Nebraska property owners are responsible for ensuring their premises are safe and free from hazards like crumbling walls, weak staircases, or falling ceilings. Regular inspections and repairs are essential in this regard. When accidents occur due to such neglect, resulting in injuries like falls or being struck by debris, the property owner may be liable.
- Snow and Ice Accidents – In Nebraska, snow and ice accidents are common. Property owners are expected to clear snow and ice from walkways, parking lots, and other areas where individuals walk about. Neglecting this duty can lead to slips, trips, and falls, often resulting in injuries like fractures or concussions. The liability of the property owner depends on whether they acted reasonably in addressing these wintry hazards.
- Amusement Park Accidents – Amusement park accidents in Nebraska often result from equipment malfunctions, operator errors, or inadequate safety measures. Park owners are legally required to ensure rides are safe, operators are professionally trained, and safety protocols are strictly followed. Accidents can range from minor injuries to severe or even fatal outcomes. When negligence in maintenance, operation, or safety practices is identified as the cause, the amusement park can be held liable.
- Retail Store, Commercial Property Accidents – Accidents in retail stores and commercial properties might include falling merchandise, slips on wet floors, or trips over poorly maintained aisles. Store and mall owners in Nebraska have a duty to ensure their premises are safe for customers. This includes regular inspections, quick clean-up of spills, and proper shelving.
Common Types of Injuries Sustained by Victims
- Severe Bruises and Contusions – Victims often suffer severe bruises and contusions, especially in slip and fall accidents. These injuries occur when the body strikes hard surfaces, leading to painful and sometimes long-lasting damage to soft tissues.
- Fractures and Broken Bones – One of the most common injuries in these cases is a fracture. Falls can result in broken wrists, arms, hips, or legs. The severity can range from simple fractures that may heal with time to complex breaks requiring surgical intervention.
- Head and Traumatic Brain Injuries – Head injuries, including traumatic brain injuries (TBIs), are serious consequences of premises liability incidents. Victims can suffer concussions, which are mild TBIs, or more severe brain injuries leading to long-term cognitive and physical impairments.
- Spinal Cord and Back Injuries – Falls or impacts can lead to spinal cord injuries, which can be particularly devastating. These injuries can range from herniated discs causing severe back pain to spinal cord damage leading to partial or complete paralysis.
- Cuts, Lacerations, and Puncture Wounds – In environments with sharp or hazardous objects, or in dog bite cases, victims can sustain cuts, lacerations, or puncture wounds. These injuries can range from superficial cuts to deep wounds requiring stitches or even surgery.
- Burns and Scalds – In cases involving fire, hot surfaces, or chemicals, victims may suffer from burns. These can vary from first-degree burns affecting the outer layer of the skin to life-threatening third-degree burns damaging deep tissues.
- Respiratory Problems – Exposure to toxic chemicals or substances can lead to respiratory issues, particularly in cases of inhalation of harmful fumes. Victims can experience symptoms ranging from coughing to severe lung damage.
- Electrocution Injuries – In cases involving exposed wiring or electrical malfunctions, victims can suffer electrocution injuries. These can range from minor shocks to severe burns and cardiac arrest.
- Drowning and Near-Drowning Effects – In swimming pool accidents, drowning or near-drowning incidents can lead to brain damage due to lack of oxygen. Survivors might experience long-term neurological deficits or, in severe cases, permanent brain damage.
- Psychological and Emotional Trauma – Beyond physical injuries, victims of premises liability incidents can suffer psychological and emotional trauma. This includes anxiety, post-traumatic stress disorder (PTSD), and depression, which can be as debilitating as physical injuries.
Potential Defendants in Premises Liability Cases
In premises liability cases, determining who is liable for the injuries sustained can vary depending on the situation and the location of the incident. Generally, the property owner is the first individual considered responsible. This includes homeowners, landlords, business owners, or government entities that own or control the property where the injury occurred. For example, a grocery store owner might be liable if a customer slips and falls due to a wet floor that wasn’t properly marked. Similarly, a homeowner could be responsible if a guest is injured due to a broken stair that the homeowner forgot to fix.
In some cases, liability might extend to other parties. For instance, if a tenant in an apartment building suffers an injury due to a structural issue, both the landlord and the property management company might be liable. In commercial settings, companies that are responsible for maintaining certain aspects of the property, like cleaning or security services, can also be held liable if their negligence contributes to an injury.
Filing a Lawsuit or Insurance Claim in Premises Liability Cases
If someone is injured on another person’s property and believes it was due to the property owner’s negligence, they might consider filing a lawsuit or an insurance claim based on premises liability. The first step is usually to file an insurance claim. This involves contacting the property owner’s insurance company, whether it’s a homeowner’s insurance, business liability insurance, or another type of policy. The victim, or their lawyer, will need to provide details about the accident and the injuries. This can include medical records, photographs of the injury and the accident scene, witness statements, and any other evidence that supports their claim.
If the insurance company offers a settlement, the victim can choose to accept it or negotiate for a higher amount. If a reasonable agreement can’t be made, or if the property owner doesn’t have insurance, the next step might be to file a lawsuit. This means taking legal action against the property owner, which usually requires proving that the owner was negligent in maintaining their property and that this negligence led to the injury. Here’s how proving negligence typically works:
- Duty of Care – First, the property owner must have a responsibility (duty) to keep the property safe for whoever got injured. This duty can be different depending on who the injured person is (like a customer, guest, or even a trespasser).
- Breach of Duty – Next, there needs to be a breach of this duty. This means the property owner didn’t do what they were supposed to do to keep the place safe. For example, they might have ignored a broken stairway or left a spill on the floor without cleaning it up.
- Cause of Injury – Then, it must be shown that this failure (or negligence) directly caused the person’s injury. If someone slipped and fell because of the uncleaned spill, that spill is the cause of their injury.
- Damages – Finally, the injured person must have actually suffered some kind of harm or damages from the incident.
This process involves gathering evidence, possibly going to court, and making a case in front of a judge or jury.
Types of Damages in Premises Liability Cases
In premises liability cases, the injured person can seek various types of damages, which are basically the different kinds of compensation for what they’ve lost or suffered. Here are the main types:
Medical Expenses – This covers all the costs for medical treatment related to the injury. It includes hospital bills, doctor visits, medication costs, physical therapy, and any future medical care needed because of the injury.
Lost Wages – If the injury caused the person to miss work, they can claim compensation for the money they would have earned during that time. This could also consist of lost earning capacity to the extent that the injury affects the individual’s ability to work going forward.
Property Damage – If personal property was damaged in the incident (like a broken watch in a fall), the person can be compensated for repair or replacement of these items.
Pain and Suffering – This is compensation for the physical pain and emotional distress caused by the injury. It’s a bit more subjective and varies greatly depending on the severity and impact of the injury on the person’s life.
Punitive Damages – if the property owner’s actions were reckless or intentional, the court might award punitive damages.
The amount of compensation victims can receive is affected by whether they were partly at fault for their injury. Nebraska Revised Statute 25-21,185.09 deals with how contributory negligence affects a person’s ability to recover damages in a lawsuit. If someone is partially at fault for their own injury, it doesn’t completely prevent them from getting compensation in a lawsuit as long as they are not as much at fault or more at fault than the defendant. However, the amount of money they can receive as damages will be reduced based on how much they were at fault. For example, if it’s determined that the injured person was 30% responsible for what happened, the total amount of money they can get in damages will be reduced by 30%.
Limitations on the Property Owner’s Duty of Care in Nebraska
Under Nebraska law, a property owner’s duty of care varies depending on who is on the property. For guests or customers (known legally as invitees), the owner must take active steps to ensure safety. This includes regularly checking for potential hazards like slippery floors, broken equipment, or unsafe conditions, and either fixing these issues or clearly warning people about them.
For people who are on the property for mutual benefit, like a salesman (licensees), the owner must also maintain a safe environment but isn’t required to inspect as vigilantly as for invitees. However, they still need to address or warn about known dangers.
Trespassers, who are on the property without permission, are owed the least duty of care. Generally, property owners are only required not to intentionally harm trespassers. However, if the trespasser is a child, the owner might need to take more precautions, especially if there is something on the property that might attract a child, like a swimming pool.
Frequently Asked Questions about Premises Liability Lawsuits
What is a premises liability lawsuit?
A premises liability lawsuit is a legal action taken by someone who got injured on another person’s property due to unsafe conditions. The lawsuit claims that the property owner was negligent in maintaining a safe environment.
Who can be sued in a premises liability case?
Generally, the property owner can be sued. In some cases, it could also be a business or third party, depending on who was responsible for the safety of the area where the injury occurred.
What needs to be proven in a premises liability case?
In most cases, the injured person must prove that the property owner had a duty to keep the property safe, that they failed in this duty, and that this failure directly caused the injury.
How long do I have to file a premises liability lawsuit?
Typically, individuals must file suit within four years of the date of injury, according to Nebraska Revised Statute 25-207. It’s important to file the lawsuit within this time to avoid losing the chance to recover damages.
Can I sue if I was partly at fault for my injury?
Yes. Nebraska has a contributory negligence rule, which means an individual’s compensation is reduced by the percentage they were at fault. However, a plaintiff might not be able to recover damages if they were as much at fault as the defendant.
What kind of compensation can I get from a premises liability lawsuit?
Compensation can include medical bills, lost wages, pain and suffering, and sometimes punitive damages if the property owner’s actions were especially reckless.
Do I need a lawyer for a premises liability lawsuit?
While not legally required, it’s highly recommended to have a lawyer. Premises liability cases can be complex, and a lawyer can help navigate the legal system and maximize potential compensation.
How a Premises Liability Lawyer Helps Clients
Case Evaluation
A premises liability lawyer begins by thoroughly evaluating the client’s situation. They look into the specifics of the incident, considering factors like the location of the accident and the extent of injuries. This analysis helps in understanding the strength of the case and the potential for legal success.
Evidence Gathering
Gathering evidence is a major part of building a strong case. The lawyer collects all necessary proof, such as photographs of the accident scene, medical records to document injuries, statements from witnesses, and any other relevant information. This evidence is essential in making a compelling argument that the property owner’s negligence led to the injury.
Negotiations
Negotiating with insurance companies is often challenging. Premises liability lawyers are typically experienced in going through these negotiations, ensuring that victims aren’t lowballed or pressured into accepting an unfair settlement. They understand the tactics insurance companies may use and are prepared to counter them, advocating for the victim’s rights and fair compensation.
Legal Representation in Court Proceedings and Trial
If the case goes to trial, having a lawyer becomes even more important. The lawyer takes charge of representing the victim in court, presenting the case, questioning witnesses, and arguing points of law. This representation is vital as the lawyer’s knowledge and familiarity with trials and courtroom procedures could significantly affect the outcome of the case.
Maximizing Compensation
The lawyer’s main goal is to secure maximum compensation for the victim. This includes not just the immediate medical bills but also accounting for any future medical care, lost wages, and compensation for pain and suffering. The lawyer works hard to ensure that every aspect of the victim’s suffering and loss is accounted for and fairly compensated.
Additional Resources
Nebraska Premises Liability Law – Nebraska statute concerning premises liability and potential responsibility of landowners. Visit the Nebraska Legislature for more information on premises liability laws.
State of Nebraska Not Liable for Park Accident – The Supreme Court of Nebraska ruling that the State was not responsible for a lawnmower accident that occurred on state property. Weather conditions were determined to be a factor in the cause of the accident at the state park.
Nebraska Landlord Tenant Act – The Nebraska Legislature goes into detail on what duties a landlord owes to a tenant, and the ways in which a landlord can be liable for injuries to a person or their property in the state of Nebraska.
Hiring a Premises Liability Attorney in Nebraska | Liberty Law Group
Our attorneys here at Liberty Law Group are experienced in representing injury victims in premises liability cases. Our team works tirelessly to pursue justice on behalf of those injured due to a slip and fall accident or any form of negligence by a property owner. Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County and the surrounding Nebraska counties of Dodge, Washington, Saunders, and Cass. Our attorneys also practice in West Iowa including Council Bluffs in Pattawattamie County and the surrounding Iowa Counties of Harrison and Mills. If you or a loved one has been injured due to premises liability, contact our firm at (402) 865-0501 to request a free consultation to discuss your case with an attorney.
