If you fell on someone else’s property and got hurt—or if you suffered injuries due to other dangerous property conditions—you may be able to hold the property owner liable for your injuries and losses.
At Steffens Law Offices, our Omaha premises liability lawyers have decades of experience helping injured clients recover full and fair compensation from those responsible for their injuries.
We will review your claim at no cost and inform you of your rights and options. Contact us today for your free consultation and learn how we can help you obtain the financial recovery you deserve.
What Is Premises Liability in Omaha?
Premises liability refers to the legal responsibility that property owners or occupiers have for injuries and accidents that occur on their premises. It holds property owners accountable for maintaining safe conditions on their property and addressing hazards that could potentially cause harm to visitors, guests, or tenants.
Key aspects of premises liability include:
- Duty of Care: Property owners or occupiers have a legal duty to maintain their premises in a reasonably safe condition. This duty extends to both public and private properties, including residential, commercial, and public spaces.
- Responsibility for Maintenance: Property owners are responsible for regularly inspecting their premises, identifying potential hazards, and taking reasonable steps to address and repair unsafe conditions. This includes maintaining proper lighting, fixing uneven surfaces, and ensuring that walkways are clear of obstacles.
- Notice of Hazards: Property owners may bear liability for injuries if they were aware of a hazardous condition or should have been aware of it and failed to take appropriate action to remedy the situation or warn visitors.
- Liability Insurance: Property owners often have liability insurance to cover potential injuries on their premises. Insurance companies may be involved in compensating individuals who suffer injuries due to the property owner's negligence.
Visitor Classifications
Visitors to a property typically fall into one of the following three groups for the purpose of premises liability:
- Invitees: Individuals invited onto the property for business purposes (e.g., customers in a store).
- Licensees: Individuals permitted to enter the property for social reasons or with the property owner's permission (e.g., social guests).
- Trespassers: Individuals who enter the property without permission. While property owners owe less duty to trespassers, they still cannot intentionally cause harm.
If you sustained injury on another person's property due to negligence in Omaha, you may be entitled to compensation. It's important to consult an Omaha premises liability attorney to understand your rights and pursue a legal claim if necessary.
What Are Common Types of Premises Liability Accidents in Omaha?
Premises liability accidents can occur in various settings, and they often result from unsafe conditions on someone's property.
Common types of premises liability accidents include:
- Slip and Fall Accidents - Occur when someone slips or trips on a slippery or uneven surface, such as a wet floor, icy sidewalk, or uneven pavement.
- Trip and Fall Accidents - Result from tripping over an obstacle or hazardous condition, such as uneven flooring, loose carpeting, or cluttered walkways.
- Inadequate Lighting Accidents - Occur when poor lighting conditions contribute to accidents, making it difficult for individuals to see potential hazards.
- Negligent Security Incidents - Involve criminal activities, assaults, or other harm due to inadequate security measures on a property, such as insufficient lighting or lack of security personnel.
- Dog Bites and Animal Attacks - Happen when individuals are bitten or attacked by animals due to a property owner's failure to control or restrain their pets.
- Elevator and Escalator Accidents - Involve injuries caused by malfunctions, defects, or lack of maintenance in elevators or escalators.
- Swimming Pool Accidents - Include incidents like accidental drownings, diving accidents, or injuries caused by inadequate supervision or maintenance of the pool area.
- Fires and Burns - Result from property owners failing to address fire hazards, provide adequate warning, or maintain fire safety equipment.
- Construction Site Accidents - Involve injuries to workers or visitors due to unsafe conditions on construction sites, such as inadequate barriers, lack of signage, or failure to follow safety regulations.
- Collapsed Structures - Occur when buildings, stairs, balconies, or other structures collapse due to poor construction or maintenance.
- Retail Store Accidents - Can include injuries in retail establishments due to falling merchandise, slippery floors, or other hazards.
- Amusement Park Accidents - Involve injuries on amusement park rides, attractions, or due to inadequate safety measures.
- Electrical Accidents - Result from faulty wiring, exposed electrical components, or other electrical hazards that cause shocks, burns, or fires.
- Exposure to Toxic Substances - Injuries caused by exposure to hazardous chemicals, mold, or other toxic substances on the property.
Premises liability cases are highly fact-specific, and liability depends on factors such as the property owner's duty of care, the classification of the visitor, and whether the property owner knew or should have known about the hazardous condition.
Speak with an Omaha premises liability attorney from Steffens Law Offices if you suffered injuries on someone else's property.
Steps to Take Following an Omaha Premises Liability Accident
After a premises liability accident in Omaha, it's important to take specific steps to protect your well-being and preserve evidence for a potential legal claim.
Here are the steps you should consider:
- Get Medical Care: Your health is the top priority. Seek medical attention for your injuries, even if they seem minor. Prompt medical care not only ensures your well-being but also establishes a record of your injuries.
- Report the Incident: Notify the property owner, manager, or appropriate personnel about the accident. Ensure that the appropriate parties document the incident and request a copy of the incident report if one is created.
- Contact Law Enforcement: If the circumstances warrant it, contact local law enforcement to report the accident. Obtain a copy of the police report if applicable.
- Gather Evidence at the Scene: Take photographs or videos of the accident scene, including the hazard or dangerous condition that led to the incident. Be sure to capture any visible injuries you have and document the surrounding environment or anything else you feel shows how the accident occurred.
- Get Witness Information: Obtain the names and contact information of any witnesses to the accident. Witness statements can be valuable in establishing the facts surrounding the incident.
- Preserve Evidence: Keep any items related to the accident, such as clothing worn at the time of the incident, as potential evidence. Preserve any documents, receipts, or communications related to your medical treatment and expenses.
- Keep a Journal: Document the details of the accident, your injuries, and the impact on your daily life in a journal. Include information about pain levels, medical appointments, and any challenges you face. A daily pain journal can serve as vital evidence when seeking non-economic damages, such as pain and suffering.
- Keep Copies of All Communications: Maintain a record of any communication with the property owner, insurance companies, or other relevant parties. Note the date, time, and content of conversations.
- Consult a Premises Liability Attorney: Contact an experienced premises liability attorney in Omaha to discuss the details of your case. An attorney can provide guidance on your rights, assess the strength of your claim, and help you navigate the legal process.
- Do Not Provide Recorded Statements: If the property owner's insurance company contacts you, avoid providing recorded statements without consulting your attorney. Insurance companies may use recorded statements against you later.
- Do Not Admit Fault: Don’t accept blame for the accident and avoid making statements that the insurance company or at-fault party’s legal counsel could interpret as your admitting fault. Stick to basic, factual information when communicating about the incident.
Taking these steps can contribute to building a strong case and may help you secure compensation for your injuries and damages. A premises liability attorney from Steffens Law Offices can provide you with personalized guidance based on the specifics of your situation.
What Compensation Can I Receive from an Omaha Premises Liability Claim?
In an Omaha premises liability claim, the types of compensation you may be eligible to receive depend on the specific circumstances of the accident and the resulting damages.
Compensation, often referred to as damages, can be both economic and non-economic. Here are common types of compensation in a premises liability claim:
Economic Damages
- Medical expenses and future medical expenses
- Lost income and work-related benefits, including the loss of future earning capacity if your injuries result in a permanent disability
- Property damage the accident caused, such as to your clothing, electronic devices, or other belongings
- Other related out-of-pocket expenses
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement
In addition, you may receive punitive damages from the court if it feels the defendant acted with egregious negligence, unlawfulness, or wanton disregard for public safety. You could also recover legal fees and costs associated with bringing a claim or lawsuit against the at-fault party.
It's essential to speak with a skilled premises liability attorney in Omaha to assess the specific details of your case, determine the appropriate types of compensation to pursue, and navigate the legal process to seek fair and just restitution for your injuries and losses.
The attorneys at Steffens Law Offices are here to answer your questions, evaluate your claim, and fight for maximum compensation.
How Long Will It Take to Resolve My Omaha Premises Liability Claim?
The time it takes to resolve a premises liability claim in Omaha can vary widely depending on various factors. Each case is unique, and it's challenging to provide a specific timeframe for the resolution. Some cases may be resolved in a matter of months, while others may take years, particularly if litigation becomes necessary.
Some factors that can impact the duration of resolving a premises liability claim include:
- Severity of Injuries: Cases involving severe injuries that require extensive medical treatment and rehabilitation may take longer to resolve. You need to work with an attorney and medical experts to realize the full extent of your injuries and their long-term impact before negotiating a settlement.
- Investigation Period: It takes time to conduct a thorough investigation of the premises liability incident. Your lawyer needs to gather evidence, obtain witness statements, and assess the liability of the property owner.
- Negotiation with Insurance Companies: The settlement negotiation process with the at-fault party's insurance company can vary. Some cases may settle relatively quickly, while others may require more extended negotiations to arrive at a fair compensation amount.
- Lawsuit and Litigation: If negotiations with the insurance company are unsuccessful or if liability is contested, filing a lawsuit may be necessary. The legal proceedings, including discovery, pretrial motions, and potentially a trial, can significantly extend the time it takes to resolve the claim.
- Complexity of the Case: Complex cases involving multiple parties, disputed liability, or intricate legal issues may take longer to resolve. The complexity of the case can affect the duration of both negotiations and legal proceedings.
To gain a better understanding of the expected timeline to resolve your Omaha premises liability claim, contact an experienced Omaha personal injury attorney for a free case evaluation.
How Can an Omaha Premises Liability Attorney Help Me Get Compensation?
An Omaha premises liability attorney can play a crucial role in helping you obtain compensation for injuries and damages resulting from an accident on someone else's property.
Here's how an attorney from Steffens Law Offices can assist you throughout the process:
- Case Evaluation: An attorney from our firm will review the details of your case, assess the liability of the property owner, and determine the potential value of your claim. This evaluation helps set realistic expectations and guides the legal strategy.
- Legal Knowledge: Premises liability laws can be complex, and an attorney with extensive knowledge in this area understands the relevant statutes, regulations, and legal precedents. This knowledge is essential for building a strong case.
- Investigation and Evidence Gathering: Our attorneys have the resources and experience to conduct thorough investigations. We can gather evidence such as photographs, witness statements, accident reports, and other documentation to support your claim.
- Establishing Liability: Using the evidence we collect, an Omaha premises liability lawyer from our firm will work to establish that the property owner's negligence or failure to maintain a safe environment directly led to the accident and injuries.
- Communication With Insurance Companies: Our attorneys can handle communications with the insurance company on your behalf. We can negotiate with insurance adjusters to seek fair compensation, ensuring that you don't settle for less than your case is worth.
- Determining Damages: We can calculate the full extent of your damages to help ensure you receive full and just compensation.
- Negotiating a Fair Settlement: You can trust our lawyers to negotiate aggressively for you during settlement negotiations. We aim to secure a settlement that adequately compensates for injuries and losses, and we can take the at-fault party or their insurance company to court if negotiations break down.
- Litigation, if necessary: If the insurance company refuses to offer a fair settlement, we can file a lawsuit on your behalf and represent you in court. This involves presenting your case, examining witnesses, and making legal arguments to pursue the compensation you deserve.
- Protecting Your Rights and Advising You Appropriately: An attorney from our firm can act as a legal advocate for you, protecting your rights and interests throughout the entire legal process. We can guide you on the best course of action based on the specifics of your case, which may include recommending a settlement, engaging in alternative dispute resolution, or pursuing litigation.
No matter the course of action, you can trust that we are dedicated to securing the best possible outcome for you.
How Long Do I Have to File a Premises Liability Lawsuit in Omaha?
Nebraska allows injured parties four years to file a personal injury lawsuit in civil court to seek damages. This four-year statute of limitations begins on the date of your injury, but certain exceptions may extend the time you have to file. However, if you don’t have an attorney file a lawsuit for you within this timeframe, you risk losing your right to pursue compensation.
You must contact an Omaha premises liability attorney from Steffens Law Offices as soon as you’re able to discuss your case and begin the claims process.
Injured on Someone Else's Property in Omaha? Contact Steffens Law Offices Today
If you suffered injuries due to a premises liability incident in Omaha, our experienced attorneys are here to help you navigate the legal process and fight for the compensation you deserve.
Our lawyers have in-depth knowledge of Nebraska premises liability laws and a great familiarity with Omaha’s local courts and procedures. We have obtained a proven track record of successful outcomes for our clients, including substantial verdicts and settlements.For compassionate legal representation focused on your well-being, contact our Omaha premises liability attorneys now for personalized assistance. You can reach us by phone at (402) 414-4896 or contact us online to receive a free consultation. Let us handle the legal complexities while you focus on your recovery.