blog home Premises Liability Navigating Premises Liability Claims Involving Rental Properties in 2025

Navigating Premises Liability Claims Involving Rental Properties in 2025

By Jason Bottlinger on May 12, 2025

In 2025, rental housing remains an essential part of American life. With more tenants than ever and a growing demand for urban and suburban rentals, questions of responsibility and legal accountability are becoming more and more important.

When an accident occurs on a rental property due to unsafe conditions such as broken stairs, faulty wiring, or icy sidewalks, injured tenants and visitors have the right to seek compensation.

At Bottlinger Law L.L.C., we help injured clients in Nebraska navigate the complex legal landscape of landlord liability, tenant rights, and premises safety rental laws.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining a safe environment for those who enter their property. If that duty is breached, and someone is injured as a result, the injured party may have the right to file an Omaha personal injury claim.

When accidents occur, tenants, landlords, and property managers could all bear responsibility, depending on where and how the accident occurred.

Common Rental Property Accidents

Accidents on rental properties often result from unaddressed hazards. Some of the most common examples include:

• Slip and falls on icy sidewalks, wet floors, or broken stairs
• Injuries from defective appliances or electrical systems
• Carbon monoxide exposure due to poor ventilation
• Collapsing ceilings, decks, or balconies
• Dog bites in shared or poorly secured spaces

Each of these scenarios could lead to a premises liability claim if it can be shown that the property owner or landlord knew or should have known about the danger and failed to address it.

Landlord Liability

In general, landlords are responsible for keeping the common areas of the rental property safe and properly maintained. Their obligations can include:

• Ensuring walkways, staircases, and lighting are in good repair
• Complying with building codes and safety regulations
• Addressing known hazards in a timely manner
• Installing smoke detectors, handrails, and secure locks
• Keeping shared areas free of ice, snow, or debris

When they fail to meet these duties, they may be held legally liable for resulting injuries. In 2025, landlord liability laws in Nebraska continue to emphasize the importance of property maintenance and responsiveness to tenant complaints.

Tenant Rights and Responsibilities

Tenants also have responsibilities under the premises liability rental properties laws. They must maintain their own units in a reasonably safe condition and avoid creating hazards for guests or neighbors. For example, if a tenant leaves belongings blocking a hallway and someone trips, the tenant may share in the liability.

But tenants also have rights:

• The right to a habitable and safe living environment
• The right to request repairs without retaliation
• The right to have safety features like smoke detectors, locks, and secure windows

When landlords ignore repair requests or retaliate against tenants who raise safety concerns, they may be violating Nebraska rental laws and could face additional liability if an accident results.

Proving Omaha Rental Property Premises Liability Cases

Winning a rental property accident claim involves showing that:

1. A hazardous condition existed on the property.
2. The landlord (or responsible party) knew or should have known about it.
3. The hazard was not fixed in a reasonable amount of time.
4. The hazard directly caused your injury.

Nebraska Premises Safety Rental Laws in 2025

As of 2025, several updates to Nebraska’s premises safety rental laws have changed how liability is evaluated:

• Digital Communication Counts: Email, text messages, and tenant portal messages are accepted forms of notice when tenants report hazards.
• Shorter Response Windows: Landlords now have a shorter statutory window (often 7 days or fewer) to respond to major repair needs.
• Shared Spaces Clarity: Legal language now explicitly assigns responsibility for common areas like hallways, laundry rooms, and parking lots to the property owner.
• Smart Home Integration: Landlords using smart locks, thermostats, or monitoring

When Can Tenants Sue Landlords for Injuries?

Tenants can sue landlords for injuries caused by unsafe conditions on the rental property. These claims often include damages that cover:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress

In Nebraska, the statute of limitations for most personal injury claims is four years from the date of the injury.

Legal Defenses That Landlords May Use

Common legal defenses used by landlords in premises liability cases include:

• The hazard was unknown and not reported.
• The injured person was trespassing or acting recklessly.
• The hazard was created by the tenant.
• Reasonable steps were taken to fix the problem before the injury occurred.

A skilled attorney will help you prepare for these defenses and build a strong claim. If the other side refuses to make a serious settlement offer, Jason Bottlinger is always prepared to take your case to trial.

What to Do After an Injury on Rental Property in Omaha

If you or a loved one is injured at a rental property in Omaha, follow these steps:

1. Seek medical attention immediately.
2. Document the scene: Take photos and videos.
3. Report the incident to the landlord or property manager in writing.
4. Collect witness names and contact information.
5. Keep records of all correspondence and expenses.
6. Consult an Omaha premises liability lawyer to evaluate your case.

Time and evidence are both critical. The sooner you act, the stronger your claim will be.

Take to Our Experienced Premises Liability Attorney in Omaha

If you’ve been injured due to unsafe conditions on a rental property, you don’t have to face the legal system on your own. At Bottlinger Law L.L.C., we understand the nuances of premises liability rental properties and the responsibilities landlords owe to tenants and visitors. In fact, we have an impressive track record of prevailing in these cases.

Attorney Jason Bottlinger is a Top 100 Trial Lawyer and a member of the Million Dollar Advocates Forum. He’s been named one of the Best Personal Injury Attorneys serving Omaha by Expertise.com, and our law firm has an A+ rating from the BBB.

Call us today at (402) 505-8234 to schedule a free consultation with a dedicated Omaha premises liability lawyer. Your rights matter, and we’re here to fight for them.