Under the law, all property owners have a responsibility for the upkeep and maintenance of their property, which is to be kept in reasonably safe conditions and should not pose any threats to visitors. If a hazardous condition exists, it is the duty of the property owner to post signs warning visitors of the dangers in an effort to reduce the chance of an injury accident occurring.
When a property owner does not sufficiently maintain their property, and/or fails to warn visitors of threatening conditions and a visitor is injured as a result, the owner may be held responsible for the victim’s injuries and other damages.
Regardless of a person’s age, everyone is at risk of sustaining injuries in a slip-and-fall accident. These injuries can range from lacerations and broken bones to traumatic brain injuries and internal bleeding. After an accident, it will be very important for an investigation to conclude the cause of the fall, as well as whether it could have been prevented or not.
When someone is injured because of another person or businesses’ negligence, the injured victim may be able to receive compensation for their injuries and accident-related losses from all negligent parties. Seeking the counsel of an Omaha slip, trip, and fall accident lawyer that has experience handling similar cases can help injured victims learn more about their legal rights, in addition to learning what the best course of action to take might be in order to hold a negligent property owner liable.
Common Causes of Property-Related Accidents
There are many different dangerous conditions that can cause an accident, such as:
- Stairs that are broken/unrepaired
- Floors that are wet or slippery
- Floors that are cracked, uneven, or are missing tiles
- Workplaces that are inherently dangerous, especially construction sites
If any of these conditions exist on a property, the owner is required to fix them as soon as they are reasonably able, as well as notify visitors of the dangerous conditions.
Who Is Responsible for My Injuries?
If you've suffered injuries on someone else's property, there are different parties who you can hold legally responsible. Depending on the circumstances, the property owner, landlord, or tenant can be liable for your damages. If you get hurt on the sidewalk, the city or county who maintains it can be held liable for your injuries. But dealing with a government agency, like a city or county, can get difficult. Having an Omaha premises liability attorney who knows the law can help you get the settlement you need.
Should I Take a Settlement from the Insurance Company?
No! Don't ever accept the first settlement offer an insurance company gives you. Insurance adjusters are trying to save their company money. Adjusters will offer you less than you need to fully recover. While it may be tempting to take their offer, you're short-changing yourself. Accepting a settlement from the insurance company might prevent you from receiving further compensation you might need later.
Proving Negligence in Nebraska Premises Liability Cases
In order for a premises liability claim to be a success, three important factors will need to be established. It will need to be proven that someone created the dangerous condition and that the property owner knew about the condition yet failed to take action to repair or change it. Third, it will need to be shown that the property owner had a reasonable amount of time to know about the condition and then repair it.
Proving negligence in a premises liability case can become very complex, particularly if the hazardous condition was temporary, such as a slippery floor. Due to the notoriously difficult nature of these cases, anyone who has been injured in such an accident is well-advised to consult with an attorney to learn more about the legal options available to them, based upon the specifics of their circumstances.
What Should I Do After Suffering an Injury?
If you were injured on someone else's property, you should:
- Write down everything. You'll be able to keep the accident facts clear. You'll also be able to provide your attorney with the details of exactly what happened.
- Keep track of all your expenses. You might be able to pursue financial compensation for all your expenses. This includes medical bills and lost wages.
- Get medical treatment as soon as possible. Even if you feel fine after the injury, medical problems can pop up days, weeks, or even months after you got hurt.
- Collect evidence. If you can, take pictures of the accident scene, as well as what caused your injury. Be sure to get contact info from all witnesses, too.
- Contact an experienced premises liability lawyer.
Cullan & Cullan LLC can help. We have achieved successful outcomes in injury cases related to premises liability injuries for years.
Call Cullan & Cullan LLC for a Free Consultation
If you have been injured in an accident you believe was due to a property owner’s negligence, contact Cullan & Cullan LLC. Our Nebraska premises liability attorneys are also physicians, and we can carefully analyze the medical records of your injury as well as help you determine whether you have a meritorious claim.
Call us at (402) 882-7080 today to get started with one of our lawyers.