Premises liability is a legal concept that holds property owners and occupants accountable for accidents and injuries occurring on their premises due to negligence or improper maintenance. It is a multifaceted area of law that requires the responsible parties to compensate the victims for their injuries and associated losses. You deserve compensation if you slip and fall in a Lincoln supermarket or shopping mall or are injured by another dangerous condition on someone else’s property.
That’s where we come in. At Steffens Law Offices, our Lincoln premises liability lawyers strive to uphold your rights and navigate the intricate legal processes of premises liability cases. We approach each case with the utmost dedication and vigilance, leveraging our wealth of experience and knowledge of Nebraska's liability laws to secure the compensation you deserve. Our primary objective is to ensure that you can recover fully without the additional stress of financial hardship.
If you or a loved one were injured on someone else's property due to their negligent or careless actions, Steffens Law Offices is here to represent your case tirelessly and advocate for your rights.
What Is Premises Liability?
Premises liability describes a legal scenario where an unsafe or defective condition causes an injury on someone's property. In essence, it requires property owners to maintain safe conditions that prevent visitors from getting harmed.
Common Types of Premises Liability Accidents in Lincoln, Nebraska
Accidents that could involve premises liability are numerous and varied, including but not limited to:
- Slips, trips, and falls are often caused by wet, icy, or uneven surfaces that a property owner didn’t take care of. Slip and fall accidents can lead to a host of injuries, including sprains, fractures, head injuries, and, in severe cases, spinal injuries. Elderly individuals, in particular, are at a higher risk of suffering hip fractures or severe head trauma from such incidents.
- Swimming pool accidents can result in devastating injuries such as spinal cord injuries, brain damage from lack of oxygen due to drowning, or broken bones from slipping on wet surfaces around the pool area.
- Injuries from falling objects, particularly in retail stores or construction sites. These accidents can cause injuries such as fractures, concussions, and, in some circumstances, more severe injuries like traumatic brain injury.
- Dog bites or animal attacks can lead to serious injuries, including deep tissue and nerve damage, scars, and infection. In the case of more aggressive attacks, victims could sustain serious facial injuries or life-threatening damage.
- Chemical exposure can be a hazard in some poorly maintained buildings. Guests or customers may be exposed to chemicals on a property, leading to burns, respiratory problems, or chronic illnesses.
- Defective conditions on the property, such as faulty staircases or poor lighting, can also cause various injuries.
The injuries resulting from such accidents can range from minor scrapes or bruises to more severe conditions such as fractures, head injuries, or spinal cord injuries. At Steffens Law Office, our focus is on securing a fair compensation value reflective of your specific injury and associated medical costs, lost income, and pain and suffering.
What to Do After a Premises Liability Injury
Taking the right steps after an injury can significantly impact the outcome of a premises liability case. Immediately after the injury, seek necessary medical attention, even if the injury seems minor. Not only does this protect your health, it creates a formal record of the injury.
Inform the property owner about what happened to establish notice, documenting all details regarding where, when, and how the accident occurred. If there are witnesses, gather their contact information.
Take photos of the scene, your injuries, and any other relevant aspects, like hazardous conditions, if you can. Lastly, but importantly, consult a Nebraska premises liability attorney as soon as you can to protect your rights and understand how best to navigate the forthcoming legal processes.
Do I Have a Valid Premises Liability Claim?
To know whether you have a potential claim, it’s best to speak to a skilled Nebraska personal injury lawyer who can assess your case thoroughly. However, a few principals generally determine who can file a premises liability lawsuit.
Negligence and Premises Liability
For a successful premises liability claim, you typically need to prove that the property owner or occupier was negligent—that they failed to exercise reasonable care towards the safety of those on their property.
Such negligence could be due to the property owner's failure to maintain safe conditions, repair known hazards, or warn visitors about potential dangers. Also, the victim must have been injured as a direct result of this negligence.
Duty of Care
All property owners owe a "duty of care" to individuals who enter their property. This means they are responsible for acting reasonably to prevent accidents and harm to others. This duty varies based on the status of the visitor. Nebraska law categorizes visitors into three types:
- Invitees: Individuals invited onto the property for the property owner's benefit. The owner is expected to maintain safe conditions and warn invitees of any known hazards.
- Licensees: These are individuals who enter the property for their own benefit, with the owner's consent. Property owners must warn licensees of any known potential dangers he or she may encounter.
- Trespassers: Individuals who enter the property without permission. For adult trespassers, the property owner only has a duty to avoid intentionally causing them harm.
Understanding and applying these legal aspects to your unique case can be complex, which is why you need an attorney who can do this for you and your case. At Steffens Law Office, our experienced lawyers thoroughly analyze the circumstances of your accident and the legal complexities that may result from your case. We tirelessly work to prove the extent of the property owner's negligence, demonstrating the clear link between this negligence and your injuries.
Can I File a Premises Liability Claim if I Was Partially At Fault for My Injury?
In Nebraska, you might still be able to file a premises liability claim even if you are partially at fault for your injury, thanks to a legal concept known as "comparative negligence." According to this, you can recover damages proportional to the extent of the property owner's fault. Therefore, even shared fault does not prevent you from seeking compensation for your injuries. However, the amount you ultimately receive will be reduced by your percentage of fault. A Lincoln premises liability attorney can help you determine the strength of your case and whether you can still pursue compensation even if you were partially at fault.
Who Is Responsible for My Premises Liability Accident?
Identifying the liable party or parties is a critical aspect of premises liability cases. It is the responsible party or parties who will be required to compensate you for your injuries. Here are some potentially liable parties in premises liability cases:
Property Owners
Under Nebraska premises liability law, those who own property have a duty to maintain safe conditions. If they fail to do so, an injured victim can hold them liable for accidents that occur due to unsafe conditions.
Landlords
Landlords may be held responsible for injuries that occur in rental properties if it can be shown that the landlord was responsible for the maintenance, knew or should have known about the dangerous condition, and failed to correct it.
Tenants
In certain cases, if tenants are in control of the premises where the injury occurred, they may be held liable. This could apply in cases where a tenant creates a danger or fails to report a danger to the property owner or manager.
Management Companies
For properties managed by companies or individuals besides the property owner, the management may be considered liable if negligence on their part led to the unsafe conditions.
Government Entities
In some instances, if an injury occurs on government property or public sidewalks due to negligence in maintenance or care, a government entity could be held liable. However, defending a claim against a government entity often has its specific complexities and unique procedures.
Identifying the responsible parties in premises liability cases can be complex, but it's an essential step that our lawyers take to make sure that you receive everything you’re entitled to.
Types of Damages in Premises Liability Cases
In a successful premises liability case, the injured party may be entitled to monetary damages intended to compensate them for their injuries and the impact the incident has had on their life.
Under Nebraska laws, these damages could encompass:
- Medical Expenses: This includes the costs of emergency treatment following the accident, hospital stays, surgeries, medication, physiotherapy, and any other necessary medical treatments. Future medical costs for ongoing treatment or rehabilitation can also be included.
- Loss of Earnings: If the injuries sustained resulted in time off work, whether temporary or permanent, you might be compensated for the lost wages or income during this period. If your injury interferes with your future capacity to work, you can also claim for future lost wages and earnings.
- Pain and Suffering: These damages refer to the physical and emotional pain suffered due to the injury. While these are more subjective, they are also factored into the compensation.
- Loss of Enjoyment of Life: This compensation is for the negative impact the injury might have had on your normal life activities, hobbies, exercise, and other sources of enjoyment.
Remember, valuing such damages and costs involves precise examination and potential negotiations with insurance companies. At Steffens Law Office, we strive to ensure you are not shortchanged. Our methodical approach and in-depth experience enable us to proficiently quantify all possible damages you've incurred, ensuring that the compensation demanded truly represents your physical, emotional, and financial difficulties.
How Steffans Law Offices Handle Premises Liability Cases
Our approach at Steffens Law Offices is centered around understanding your unique situation, guiding you through the legal process, and seeking maximum compensation for your injuries.
Case Evaluation
The first step involves a thorough evaluation of your case. We assess the circumstances of your incident, ascertain its connection with the negligence of the property owner, and determine the extent of your injuries and the associated medical costs.
Collecting Evidence
Following the evaluation, we launch a rigorous investigation, which includes documenting the unsafe conditions that caused your accident, interviewing witnesses, and obtaining incident or police reports. If necessary, we work with accident reconstruction experts to strengthen your case.
Establishing Liability
We meticulously establish the property owner's liability in the accident. To do this, we demonstrate that the property owner was aware or should have reasonably been aware of the hazardous condition, but failed to take the necessary steps to rectify the situation or warn visitors.
Calculating Damages
Our team collaborates with experts, including medical professionals and economists, to calculate both your current and future accident-related expenses. This calculation considers medical bills, lost wages, loss of earning capacity, and pain and suffering.
Negotiating Your Settlement
Armed with substantial evidence and meticulous calculations, we effectively negotiate with the insurance companies on your behalf. We aim to achieve a settlement that truly compensates for your pains and losses.
Litigation in Court
If a fair compensation cannot be agreed upon through negotiations, our experienced litigators are ready to take your case to court and fight for the compensation you deserve.
At Steffens Law Offices, we understand the complexities involved in premises liability cases. We work to shoulder the legal burden, enabling you to focus on your recovery, and fight tirelessly to achieve the justice you rightfully deserve.
How Much Does it Cost to Hire a Lincoln Premises Liability Attorney?
At Steffens Law Office, we value your peace of mind and financial well-being. To make legal assistance accessible, we work on a contingency fee basis for premises liability cases. This structure means you don't owe us any legal fees upfront. In other words, we get paid only if you do. This policy guarantees that you get the legal representation you need without adding to your financial stress.
Secure Your Rights with Steffens Law Office
After a premises liability accident, it’s essential to equip yourself with knowledgeable and dedicated legal representation. Our experienced premises liability lawyers will examine each detail of your case and provide the legal support and counsel you need, enabling you to concentrate on your recovery. Reach out to us today at (308) 872-8327 for your free consultation.