Premises Liability

Lincoln Property Owner Negligence - Slip and Fall Claims

Premises liability refers to those cases in which a person sustains injury while on someone else’s property. The most common form of this type of case is the trip and fall or slip and fall injury. In Nebraska, these can be very difficult cases and it is important to consult with a lawyer early on.

It is a common misconception that a landowner is automatically responsible for injuries that you might sustain while on their property. Actually, this isn’t true. As the plaintiff in a case, the injured party has the burden of proving that the landowner was negligent. In premises liability cases, that means for starters that you have to prove that the land owner either knew of the condition or, through reasonable care (not extraordinary care but reasonable care), would have discovered the condition. If, for example, you slipped in a puddle of spilled water at a store, you would have to be able to show that the water had been there long enough that the store owner would have had an opportunity, by the exercise of ordinary or reasonable care, to discover that the water spill was there.

You also have to prove that the landowner should have known that the condition represented an unreasonable risk of harm to the injured party and that the landowner should have anticipated that the injured party would either fail to notice the condition or wouldn’t protect herself or himself from it. This can be a difficult burden to meet. If you fall on ice in a parking lot, for example, the question will certainly be asked as to whether you could have seen the ice before you encountered it and fell on it.

If you are injured on someone else’s property it is important that you inform them right away. Often times, the employee that you report your injury to will make important admissions about how long the condition had been there and that they were aware of it. This will also prevent the landowner from arguing that the injury never actually occurred. If possible, fill out a written accident report and request a copy of it along with contact information for the landowner’s insurance carrier. Make sure to write down the name and any pertinent identifying information about the person you reported your accident to so that, later, there won’t be any question about who you talked to.

Whether the landowner was at fault or not, frequently they will carry coverage for medical payments for anyone hurt on their premises. These payments will cover injuries regardless of whether the landowner or the injured person was at fault and can help cover at least some of your medical expenses. It is common for businesses to carry between $2,000 and $5,000 in medical payments coverage and, again, you don’t need to show that they were at fault in order to be entitled to these benefits. However, once they’ve paid out the full amount of their available medical payments coverage, you won’t be able to collect any further recovery without being able to establish liability or fault.

If you have questions, you should consult with a lawyer. The lawyers at Friedman Law Offices have years of experience dealing with these kinds of claims and would be happy to discuss yours with you.

FREE CONSULTATION

If you have been injured, contact Friedman Law Offices, Nebraska Premises Liability lawyers. Our office is located in Lincoln, but we successfully advocate for clients throughout the state of Nebraska. You can contact us online or at 800.876.1093 for an immediate evaluation of your case. There is no cost for an initial consultation.