I’m Dan Friedman of Friedman Law Offices in Lincoln, NE. Thanks for visiting our video blog and spending a few minutes with us.
We are frequently contacted by people that have been injured on someone else’s premises; such as slipping on ice or falling down stairs. Just because you are injured on someone else’s premises, the owner is not necessarily liable for your damages. If a business or property owner does something unreasonable which causes injury to another person, then that business or property owner could be found liable and be required to pay fair compensation.
If the owner did something unreasonable under the circumstances and another person was injured as a result, that is considered negligence. If there was some negligent act, then there is a case. In addition to denying that there was any negligence on their part, the property owner is always able to argue that the injured person was to blame for the accident. The typical argument is that the injured person was not being careful enough or watching where he or she was walking. This defense is called “contributory negligence.”
If the property owner is able to prove that the injured party was at least 50% of the cause of the accident, then the law does not permit the injured person to recover a penny. Because of the contributory negligence defense, it is often difficult to settle premises liability cases for fair compensation.
Each case is different and I have not intended to give legal advice regarding specific situations. If you have questions, please call us at 800- 876-1093. There is never a charge to find out if we can help you. Thanks for logging in.