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.
At Bottlinger Law L.L.C., we are 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 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 our experienced Omaha premises liability lawyer at (402) 505-8234 to explore your legal options.
Do You Have a Personal Injury Case?
If you were injured due to unsafe conditions on somebody’s property, you have the right to seek compensation to cover the cost of your medical bills, lost wages, and other expenses. When you meet with Bottlinger Law L.L.C. for your free consultation, we can tell you if you have a viable case.
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 those of lawful entrants.
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, smooth surfaces, and recently mopped floors. Warning signs must be posted to alert visitors about wet floors.
- 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 ultrahazardous activities can be strictly liable for any harm those activities cause to lawful entrants, regardless of how careful they are.
- Ice and snow: In winter weather, ice and snow can quickly build up on walkways, stairways, parking lots, foyers, and entrances at businesses, apartment buildings, and other locations. These conditions should be addressed as quickly as possible.
Slip-and-fall accidents are more common when walkways and stairways aren't properly managed, leading to potential injuries and legal concerns.
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.
Don’t Wait: The Statute of Limitations for Personal Injury in Omaha, NE
Under Nebraska law, you generally have four years from the date of the injury to file a premises lability lawsuit. However, time can move quickly when you're focused on recovery, and delays may put your claim at risk.
Key evidence like surveillance footage or witness statements can disappear with time. Property owners and insurers may also push back on your claim, especially if it wasn’t documented right away. That’s why it’s critical to contact a premises liability lawyer immediately after your accident.
An experienced attorney in Omaha can evaluate your case, preserve evidence, and help you meet all legal deadlines. Acting quickly gives you the best chance to recover compensation for expenses such as medical bills, lost income, and pain and suffering.
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 law firm could assist you with this process.
Recovering Damages in an Omaha 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.
For a free initial case consultation, call Bottlinger Law L.L.C. at (402) 505-8234 and speak with our Omaha personal injury lawyer to find out about your options under the law.
Contact a Proven Omaha Premises Liability Attorney
Bottlinger Law L.L.C. 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. Firm founder Jason Bottlinger has over 20 years of legal experience and is committed to helping those harmed by negligence get the justice they deserve. Reach out at (402) 505-8234 to schedule a free initial consultation with no obligation.