Omaha Premises Liability Lawyer
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 protect visitors from the dangers and warn of the dangers. Premises liability claims arise when property owners fail in this duty and someone gets hurt on the property as a result.
Premises Liability Services
If you have been injured on someone else’s property, contact us to speak with an Omaha premises liability attorney at Bottlinger Law L.L.C. We can tell you if you have a case and what damages you may be able to pursue.
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, 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.
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 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.
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 a 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.
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