A broken stair gives way beneath your feet. An icy walkway outside your apartment causes you to fall. Faulty wiring sparks a fire that puts you and your family in extreme danger.
When something like this happens, you may wonder who is responsible for your injuries and medical bills. Is suing a landlord an option?
Nebraska landlords have legal responsibilities to keep rental properties safe. However, not every injury means the landlord is at fault. Understanding when a landlord may be responsible, what you need to prove, and how to protect your claim can help you decide your next steps.
When Is a Landlord Legally Responsible for a Tenant’s Injury?
Landlords have a duty to keep their properties reasonably safe. This includes maintaining shared areas such as stairwells, hallways, sidewalks, and parking lots.
Under the Nebraska Uniform Residential Landlord and Tenant Act (NURLTA), landlords must comply with applicable minimum housing codes affecting health and safety. They must also make necessary repairs, maintain habitable rental units, and keep common areas clean and safe.
Whether a landlord is responsible depends on who controlled the dangerous area and whether the landlord knew or should have known about the hazard.
What You Must Prove to Win a Case Against Your Landlord
To hold a landlord responsible for an injury, you must establish four things:
- Duty: The landlord had a legal responsibility to maintain safe conditions.
- Breach: The landlord failed to meet that responsibility.
- Causation: The landlord’s failure caused your injury.
- Damages: You suffered losses, including medical bills, lost wages, or physical pain.
One important question is whether the landlord knew or should have known about the dangerous condition.
For example, if you reported a loose stairway handrail several weeks ago, but your landlord never repaired it, you could be injured when the railing eventually gives way. Your earlier repair requests can show the landlord knew about the danger but failed to address it within a reasonable time.
Common Rental Property Hazards That Lead to Injury Claims
Hazards may be present inside rental units and in common areas shared by tenants, including:
- Broken Stairs or Railings: Loose steps and damaged handrails that cause falls.
- Icy Walkways: Snow or ice that creates dangerous walking conditions.
- Faulty Wiring: Electrical problems that cause shocks, burns, or fires.
- Defective Appliances: Poorly maintained equipment that causes injuries.
- Poor Lighting: Dark stairways, hallways, or entrances that increase the risk of falls.
- Mold: Growth from leaks or excess moisture that may contribute to health problems.
- Structural Damage: Weak ceilings, balconies, or decks that collapse.
- Inadequate Security: Broken locks or other security problems that may contribute to preventable attacks.
Dog bites in shared areas may also raise questions about landlord responsibility, depending on the circumstances.
Residential vs. Commercial Landlord Liability in Nebraska
- Residential Rental Properties: The NURLTA establishes health, safety, and maintenance requirements for residential landlords. Under Nebraska law, landlords cannot use lease provisions to avoid these legal obligations.
- Commercial Rental Properties: Businesses renting offices, stores, or other commercial spaces may have different maintenance responsibilities. Commercial leases often assign certain repairs and safety duties to the tenant.
Who was responsible for maintaining the area where the injury occurred can help determine whether the landlord may be held liable.
Can You Recover Your Medical Bills From a Landlord?
If your landlord’s negligence caused your injury, you may be able to seek compensation for your losses. In many cases, the landlord’s liability insurance may cover the claim rather than the landlord paying out of pocket.
Depending on your injuries, compensation may include:
- Medical Expenses: Emergency treatment, doctor visits, rehabilitation, and future medical care.
- Lost Wages: Income you missed while recovering from your injuries.
- Pain and Suffering: Physical discomfort, emotional distress, and the effect of your injuries on daily life.
How Nebraska’s Comparative Negligence Rule Affects Your Claim
Nebraska follows a modified comparative negligence rule. Under this rule, you cannot recover compensation if you are 50% or more responsible for your injury. If you are less than 50% responsible, your compensation is reduced by your percentage of fault.
For example, if you suffer $20,000 in damages after slipping on an icy walkway but are found 20% at fault for ignoring a clearly posted warning, your compensation would be reduced by $4,000, leaving $16,000. Insurance companies may argue that you should have noticed or avoided a hazard.
How to Document a Rental Property Injury
The steps you take after an accident can help protect your health and preserve important evidence.
- Photograph the hazard. Take pictures or videos of the dangerous condition before repairs are made.
- Report the injury in writing. Tell your landlord about the accident and dangerous condition, and keep a copy of your message.
- Seek medical treatment. Have your injuries evaluated and save medical records and bills.
- Gather witness information. Ask anyone who saw the accident for their name and contact information.
- Save repair requests. Keep emails, text messages, and other records showing when you reported the problem.
Nebraska allows four years to file a personal injury lawsuit, although exceptions may apply.
Acting quickly can help preserve important evidence before hazards are repaired, security recordings are deleted, or witnesses forget what happened.
Talk to a Lincoln Premises Liability Lawyer
An accident on rental property can leave you facing medical bills, missed work, and questions about your rights.
Friedman Law Offices has served injured Nebraskans since 1962. Based in Lincoln, our firm helps people statewide understand their legal options after accidents involving unsafe property conditions.
If you believe your landlord’s negligence caused your injuries, our team can review what happened, answer your questions, and discuss whether you may be able to seek compensation.
Contact Friedman Law Offices today for a free consultation.