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Omaha Premises Liability Attorneys
Holding owners and others accountable for dangerous property conditions
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Property owners and other responsible parties have a duty to use reasonable care to protect lawful visitors from unreasonable hazards on their properties. When they fail to do so, and someone gets hurt as a result, the victim may have the right to file a premises liability lawsuit. This allows them to recover a number of damages that can compensate them for various personal and financial losses.
However, filing and litigating a lawsuit are not without their challenges. The victim can expect resistance from the at-fault party, its insurers, and its lawyers. If you’ve been injured on someone’s property, you will need committed and experienced legal representation on your side. Count on Inserra Kelley Cooper Sewell to serve you.
How We Can Help
- Why injury clients trust Inserra Kelley Cooper Sewell
- What is premises liability in Nebraska?
- Common examples and causes of Omaha premises liability accidents
- Who can be held liable for an Omaha premises liability injury?
- What compensation may be available in my case?
- Frequently asked questions about Omaha premises liability
- Do you have an Omaha premises liability lawyer near me?
Why injury clients trust Inserra Kelley Cooper Sewell
Suffering an accident could be one of the worst experiences of your life. You will likely incur substantial medical bills and require ongoing treatments. You may miss a significant amount of time from work and perhaps not be able to return at your full working capacity. That’s to say nothing of the pain and suffering and other intangible losses you may endure.
You deserve an attorney who treats you the same way they would want to be treated if they were the victim. That’s a philosophy we put into practice with each client we retain. Instead of seeing you as just a set of billable hours, we take the time to understand the consequences of your accident and then seek the compensation you need to recover.
Here is what you can expect when you hire us as your Omaha premises liability lawyer:
- Investigating how your accident happened and who might be legally responsible for it
- Determining the nature and amount of all past, present, and future damages available under the law
- Leveraging our extensive experience with Nebraska premises liability law on your behalf
- Filing a personal injury lawsuit and serving it on the defendants
- Hiring expert witnesses who will provide helpful testimony in support of your claims
- Negotiating with the insurance companies and lawyers to try to reach a settlement
- Going to trial if a fair and reasonable settlement cannot be reached
To get a better idea of the level of legal service we bring to each matter, read our past case results. We also invite you to schedule a free, no-obligation, confidential case review to better understand your rights and options.
What is premises liability in Nebraska?
Premises liability is a legal doctrine that allows courts to hold property owners and other parties liable when their negligent failure to use reasonable care causes someone to suffer an injury. These parties have an obligation to take certain steps to protect lawful visitors from foreseeable risks of harm that may be present on their premises.
There are several ways in which a premises liability case may arise. The owner or other party may have created the hazard that caused the injury. On the other hand, it may have known about the danger but failed to do something. The party may also be liable if it should have known about the hazard through reasonable inspection but did nothing. Failing to warn visitors of a dangerous condition is another way.
Premises liability lawsuits can apply to accidents that take place on numerous types of residential and commercial properties. These include stores, restaurants, offices, hotels, apartment buildings, parking lots, swimming pools, amusement parks, and many others.
Common examples and causes of Omaha premises liability accidents
Property owners and other responsible parties may be liable if they fail to address hazards they knew or should have known about, and someone gets injured as a result. Some of the most common types of accidents include:
- Slip and falls: A slip and fall accident can occur anywhere that a visitor’s footing is unstable due to a wet or slick surface. Not removing snow from a parking lot, spilling beverages in a restaurant, and mopping the floor without putting up a “wet floor” sign are all examples.
- Broken stairs and handrails: Steps that are broken, handrails that are missing, and poorly maintained stairways are all dangerous situations. Neglect on the part of the property owner, maintenance company, or another party is often to blame.
- Uneven surfaces: These can occur in cemented or paved areas like sidewalks or parking lots. Potholes and broken pavement can create a trip hazard that leads to a serious medical condition like spinal cord injury.
- Poor lighting: Property owners should make sure that there is sufficient lighting on the inside and the outside of their premises. Poor lighting could be due to different reasons, like failure to replace or repair lights that go out on the property.
- Falling objects: Guests at a business or residence should not have to worry that objects stored above will fall on them. Falling items can cause traumatic brain injury and, in some cases involving heavier objects, even death.
- Unsafe parking lots and garages: There are all manner of hazards in these places, and they are often due to poor maintenance or design. A few examples include potholes, uneven surfaces, poor lighting, and structural issues like broken steps.
- Negligent security: Guests and visitors to a property can be victims of violent criminal acts that may leave them with major injuries. If this occurs, whoever is legally responsible for the property where the crime took place may be liable if the criminal act was reasonably foreseeable and they did not provide sufficient security.
Who can be held liable for an Omaha premises liability injury?
Identifying who was responsible for your accident is important. Also, liability may extend to more than one party. That may allow you to have additional sources from which you can seek to recover your damages. Depending on the facts in your case, the following parties, among others, may be liable:
- Property owners: The owner of the property can be liable for dangerous conditions they knew about or should have discovered through a reasonable inspection.
- Occupiers and possessors: Another party that occupies or possesses the property (e.g., a tenant) can be held liable, even if it doesn’t own the property.
- Landlord: Depending on the lease agreement and the landlord's possession or control, the landlord may be responsible for the conditions that caused the accident or injury.
- Other entities: Other companies or entities with possession or control of the property may be liable, based on the unique circumstances.
What compensation may be available in my case?
Accident victims can file a personal injury lawsuit to seek a number of different damages, which are intended primarily to compensate them for losses they experience because of their injuries. Some of these losses are economic, meaning it is relatively easy to quantify them. Other losses are non-economic, meaning they are more intangible and subjective.
Both the nature and amount of your potential compensation will depend on several factors in your case, like the seriousness of your injuries and your ability to work in the future. Your damages may include:
- Medical bills: These include bills incurred for various medical treatments like ambulance care, hospitalization, surgery, prescription medications, assistive devices, and more.
- Future medical bills: Estimated future bills can also be included, and these may cover expenses for follow-up treatments, specialists, physical rehabilitation, and other medical needs.
- Lost income: If the injury prevents you from working, you can ask to recover the amount of income that you miss because of it.
- Loss of earning capacity: To the extent you are unable to work or work at the same productivity level as before the accident, you can recover for earning capacity you are reasonably certain to lose in the future.
- Non-economic damages: This category includes pain and suffering, emotional distress, reduced quality of life, and other personal losses.
- Property damage: If the victim’s property was damaged or destroyed in the incident, they may be able to recover the value of it.
Frequently asked questions about Omaha premises liability
How long do I have to take legal action?
Accident victims do not have an unlimited amount of time to file a lawsuit to recover compensation. There is a deadline known as the statute of limitations. Most victims in Nebraska have four years from the date of the accident or injury, although there are some circumstances that can alter this deadline (and the deadline in neighboring states such as Iowa is much shorter).
It’s important that you do not file too late and miss the applicable statute of limitations in your case. If you do, the court may dismiss your lawsuit and deprive you of any monetary damages. Also, it’s strongly recommended that you do not wait too long in general. It can be harder to find compelling evidence, and witnesses can be difficult to locate if you wait.
What sort of evidence can help my case?
What happens if the victim dies from the accident?
Do you have an Omaha premises liability lawyer near me?
Inserra Kelley Cooper Sewell is proud to serve personal injury victims. Our address is 6790 Grover Street, Suite 200, Omaha, NE 68106-3642. In addition to the Omaha area, we have represented victims in these locations:
- Aksarben
- Elmwood Park
- Elkhorn
- Ralston
- Papillion
- La Vista
- Dundee
- West Omaha
- Southwest Omaha
- Lincoln
To reach our office, you will want to look for nearby landmarks such as the University of Nebraska Omaha, Baxter Arena, Aksarben Village, and Elmwood Park. If you plan to drive to our office, you will probably take Interstate 80 to local streets that serve the Grover Street and 60th to 72nd Street area. Omaha Metro bus service is also available. Contact us today for help.
Contact our Omaha premises liability attorneys
Suffering an injury on someone’s property can be a confusing and even frightening event. You may not know which steps to take next or who you can trust to represent your best interests. Give Inserra Kelley Cooper Sewell a call or fill out our online contact form. We can discuss your case and help you make a claim for the compensation that you deserve.