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Omaha Premises Liability Lawyer

Legal Support in Pursuing a Premises Liability Claim in Omaha

Property owners in Nebraska have a duty to keep their property reasonably free from hazards that could harm visitors. If such a hazard does exist, the property owner has a duty to warn visitors and protect them from any dangers. Premises liability claims arise when property owners fail in this duty, and someone gets hurt on the property as a result.

The Bottlinger Law L.L.C. team in Omaha is dedicated to helping each client achieve the best possible outcome and protecting their rights every step of the way. We are proud to have a Better Business Bureau A+ rating, with head attorney Jason B. Bottlinger having been selected by Expertise as one of the top 20 personal injury attorneys out of 322 others serving Omaha in 2018 and 2020.

If you have been injured on someone else’s property, contact an Omaha premises liability attorney at (402) 505-8234 to explore your legal options.

Classes of Visitors on a Property Under Premises Liability Law

Different classes of visitors on a property are afforded different levels of protection under state premises liability law:

  • Lawful Entrants: This category is sometimes referred to as "invitees" or "licensees" and includes customers of business establishments. Lawful entrants are afforded the greatest protection under the law. These protections vary depending on the status of the person, differing slightly for a lessee (for example, a renter at an apartment complex) or a business customer. Property owners have a duty to lawful entrants to prevent them from injuring themselves on the property and to warn them of possible causes of injury, such as wet floors, malfunctioning escalators, tripping hazards, or other dangerous situations that put them in harm’s way.
  • Trespasser: This is the class of visitor that has the least protection under the law. Property owners are prohibited from knowingly creating hazards that will harm trespassers. Children trespassers may still have rights similar to a lawful entrant.
Caution wet floor sign inside of a building

Common Causes of Premises Liability Injuries

Visitors can get hurt on someone else’s property in any number of ways, particularly when property owners are negligent in maintaining safe premises. Premises liability accidents and injuries occur in apartment complexes, retail stores, restaurants, hotels, private homes, and other environments.

Common causes of Omaha premises liability injuries include:

  • Slippery floors and grounds: This hazardous condition can result from spilled liquids, oil, or smooth floors. In winter weather, ice and snow on walkways and in parking lots, foyers, and entrances can cause serious slip and fall injuries.
  • Tripping hazards: Uneven sidewalks, wrinkled or torn carpet, unmarked curbs, holes in a pathway, or litter on the floor or grounds can cause trip and fall accidents for unsuspecting visitors.
  • Negligent security: When hotels and other property owners fail to provide adequate security, they may be held liable for assault, battery, or rape that occurs on the property.
  • Animal attacks: When a dog or other animal is kept on the premises, the property owner is responsible for preventing the animal from harming visitors to the property or those who pass by.
  • Ultrahazardous Activities: Landowners who engage in ultrahzardous activities can be held strictly liable for harm those activities cause to lawful entrants, regardless of how careful the landowner is.

Common Serious Premises Liability Injuries

Premises liability accidents, such as slip-and-fall accidents, could potentially result in serious, sometimes even catastrophic, injuries. Some of the most common serious premises liability injuries include:

  • Brain injuries: These types of injuries are typically the result of a slip-and-fall accident. They could have a lasting impact on a survivor’s life and could be fatal without immediate medical attention. Some of the effects of a brain injury include problems with normal brain function, memory loss, and permanent disability.
  • Spinal cord injuries: When the spinal cord sustains damage, it could lead to partial or total paralysis, forever changing the life of a survivor and their family.
  • Burn injuries: Third-degree burns are severe and could be the result of exposure to heat, corrosive chemicals, flames, or electricity. These types of burns could damage a survivor’s major organs, such as the brain, heart, lungs, and kidneys. Survivors are also often left to cope with permanent disfigurement.

What is a Wrongful Death Claim?

In cases where the injuries a person sustains on someone else’s property are so severe that they ultimately lead to their death, surviving family members could file a

wrongful death claim. In Nebraska, this type of lawsuit can be filed by the legal representative of the deceased person’s estate. In the absence of a representative, a wrongful death claim could be filed by the next of kin, such as a surviving spouse or children.

If successful, compensation for a wrongful death claim could include:

  • Funeral and burial expenses
  • Medical bills related to the deceased person’s final injury
  • Financial support the deceased person would have provided
  • The loss of the deceased person’s companionship and comfort
  • The loss of any household services the deceased person provided

The statute of limitations for filing a wrongful death claim in Nebraska is two years, so it is crucial to begin this process as soon as possible.

How is Liability Determined in a Premises Liability Claim?

If you were injured on someone else’s property, the details and circumstances of the accident would greatly impact how liability is determined. The property owner, tenant, or landlord could be liable for your injuries. For example, if you slipped and fell on a sidewalk, resulting in injuries, the county or city that maintains the property could be liable. These types of claims are often complex and require the guidance of a lawyer with extensive experience in handling premises liability claims. If you were injured while shopping at a grocery store, the grocery store could be liable for your injuries.

Regardless of who may be liable, it is crucial to prove certain elements. You must prove that you were owed a duty of care, that this duty was breached, and that the breach directly led to your injuries. Our legal team could assist you with this process.

Premises Liability FAQs

How can negligence be proven in a premises liability case? To establish negligence in a premises liability case, you must demonstrate that the property owner had a duty of care to the injured person. You must also prove that the duty of care was breached, directly causing the incident that led to the person’s injuries.

What should I do if I am injured on someone else’s property? It is essential to seek medical attention as soon as possible after sustaining injuries on someone else’s property. You should also report the incident to the property manager or owner, gather evidence, and reach out to an Omaha premises liability lawyer.

How long do I have to file a premises liability lawsuit? In Nebraska, the statute of limitations for filing a premises liability claim is four years. If time runs out, your case will not be heard in court.

Can a premises liability case be settled out of court? Yes, it is not uncommon for a premises liability claim to settle out of court. To obtain a positive case outcome, it is vital to have legal representation. Otherwise, the insurance company might try to offer a lowball settlement that does not properly compensate you.

Recovering Damages in a Premises Liability Claim

The fact that you were injured on someone else’s property does not automatically mean that the property owner was negligent. To win an Omaha premises liability case and recover damages, you must prove that the property owner was negligent – and fully establish that they failed to exercise reasonable care. You must show that the property owner knew or should reasonably have known about the hazard on the property and failed to take action to remedy it. Contact Bottlinger Law L.L.C. for a consultation at (402) 505-8234 with an Omaha personal injury lawyer to find out about your options under the law.

Contact a Proven Omaha Premises Liability Attorney

The Bottlinger Law L.L.C. team in Omaha is dedicated to fighting for the best possible outcome for each client and protecting their rights every step of the way.

We have the knowledge and resources to thoroughly investigate your case, determine liability, and pursue maximum compensation. Head attorney Jason Bottlinger has over 15 years of legal experience and is committed to helping those harmed by negligence get the justice they deserve.

Reach out to us at (402) 505-8234 to schedule a free initial consultation with no obligation. Let’s see how we can help.

Case Results

  • $200,000 Settlement - Department Store Falling Merchandise, Soft Tissue Injury
  • $115,000 Settlement - Premises Liability (Slip and Fall on a Puddle in a Restaurant)
  • $100,000 Settlement - Premises Liability Trip and Fall

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Jason Bottlinger has been named one of the Top 40 Lawyers under the age of 40 in the state by The National Trial Lawyers organization.

Our firm has a perfect A+ from the Better Business Bureau of Nebraska, which grades based on 13 different factors.

“Can’t recommend enough. Jason and his staff were professional, pleasant, and explained the whole trust/ will process thoroughly and in terms I could understand. Just a very positive experience with something I was admittedly far from excited to do.”
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