According to Nebraska laws, property owners have a legal duty to maintain their properties and keep all accessible areas safe for visitors. This means that broken stairways/walkways need to be repaired, roofs, gutters, handrails, etc. need to be in working condition, and all loose debris or spills need to be removed as quickly as possible. If any dangerous conditions do exist, adequate signs need to be posted to warn visitors of the hazards until the owner can remove or fix the hazards.
When a property owner fails to repair or remove hazards or defects in a reasonable amount of time or fails to post signs and someone gets seriously injured as a result, the injured victim is able to file what is known as a premises liability lawsuit against the property owner. The property owner can be held financially liable for any injuries incurred.
A premises liability lawsuit can give a family compensation to pay for hospital bills, loss of wage costs, and more as well as provide peace of mind. When property owners are forced to pay a lawsuit, they quickly learn how to prioritize their responsibility to keep their property safe for visitors. To find out more, you’ll need an Omaha, NE premises liability lawyer. First, let’s go over some basic information about these types of lawsuits.
Nebraska Premises Liability Claims: Learn the Facts
Premises liability lawsuits can be difficult to fight in court and are incredibly complex. The first thing you’ll need to know is that three points will need to be proven in the state of Nebraska when filing a claim. These points are as follows:
- The hazard or dangerous condition directly caused the injury
- The property owner knew about the condition or hazard yet was negligent and failed to provide repairs and/or post signs
- The property owner was given a reasonable amount of time to repair the hazard or post signs yet failed to do so
The exact definition of the term “reasonable” will depend on the circumstances of your case as well as the decision of the judge and/or jury. Property owners must be allowed a certain period to fix hazards on their property, but once that period passes, they can be held liable for any injuries incurred. This exact length of time will vary based on each case.
Types of Premises Liability Accidents
There are many different types of accidents that can occur on someone else’s property and technically count as premises liability accidents. Here are some of the most common:
- Workplace accident – These accidents occur while working for a company on the company’s property or on a workplace site. In both cases, your employer or the property owner may be held liable for any injuries sustained.
- Slip and fall accident – This is any type of accident where the victim trips, stumbles, slides, or slips then ends up falling as a result. While these accidents are incredibly common, proving liability in a slip and fall accident can be difficult.
- Construction accident – Like workplace accidents, construction accidents happen while on the job at a construction site or afterhours when a site isn’t well-protected. Your employer is generally liable in these accidents, but in some cases the property owner can be as well.
- Farming accident – When a farm employee is seriously injured while working with farm equipment, the owner of the farm can sometimes be held liable.
- Drowning accident – When someone is injured or passes away after drowning in a body of water on someone else’s property, the property owner might be able to be held liable depending on the nature of the accident and any signs that were posted.
- Swimming pool accident – Most premises liability claims that involve drowning occur in swimming pools that don’t feature slip-free surfaces or warning signs regarding a pool’s depth.
- Mesothelioma injury – If you worked in a workplace environment that contained asbestos and are suffering from mesothelioma, you may be eligible to file a mesothelioma lawsuit.
Recover with an Omaha Premises Liability Lawyer
If you or someone you love has experienced any of the above accidents or has suffered after an injury that occurred on someone else’s property, you may be eligible to file a lawsuit if the owner is found negligent. At Welsh & Welsh, we can pair you with an Omaha, NE premises liability lawyer who can tell you the merits of your case and walk you through every step of the filing process. If you have any questions regarding premises liability claims, give us a call today. We’re here for you.
