Personal injury on private property can be a broad term that covers a wide range of scenarios. You probably have a lot of questions about your personal injury case, such as, “How do I know it occurred on private property?” “Who is responsible for paying for my injuries?” and “Do I have to prove the owners of the private property are responsible?” These are great questions to be asking and an Omaha injury lawyer can help explain the details of your injury claim.
What is Private Property?
Simply put, private property is any property owned by someone other than the government or a government entity. Obvious examples of private property would be things like a grocery store, fast food chain, your friend’s house, or your grandparents’ farm.
These are physical locations that belong to someone else, whether it’s an individual person or a corporation.
This definition seems clear at first, but it starts to become a little hazy when you look at other examples. A common one is sidewalks.
If you slip and fall on a sidewalk in front of someone’s house, is that their fault or the City of Omaha’s? Different cities have different rules, but according to the Omaha Municipal Code, the owner of the home is responsible for keeping their sidewalk clear.
There are some areas that you think of as your own but are really the private property of a company or a person. The best example of this would be a rented home or apartment.
Let’s say in your apartment and you get injured because pots and pans fell on you that you balanced precariously on the top shelf. Is your landlord at fault? No, because he or she was not responsible for how you arrange your dishes and does not retain control of your apartment. However, if you get shocked by a faulty wire that you told your landlord about 2 weeks ago, you have a legitimate claim because your landlord is responsible for the upkeep of your apartment to a reasonable extent.
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Who is Responsible for My Private Property Injury?
For a large percentage of personal injury cases, the owner of the establishment is responsible for your injuries caused by the failure to exercise reasonable care. There are, of course, circumstances unique to each situation.
The basic question the court asks in a personal injury case is, “What course of action was reasonable in this circumstance?” For example, let’s say you’re at a grocery store getting all your weekly groceries and there’s a puddle of water on the floor that you didn’t notice. If you slip, fall, and get hurt, the grocery store will have to explain why there was water on the floor that was not mopped up and cleaned.
If the water was present long enough that the grocery store knew or should have known about the condition, you have a valid claim for negligence. However, if there are a wet floor sign and an employee with a mop cleaning up the mess, you would have a difficult time proving your case because a reasonable person would have noticed the sign, the employee, and the grocery store was exercising reasonable care.
Private Property Injury Lawyers
If you or a loved one has recently been injured on private property, you deserve adequate legal representation to get you the compensation you are entitled to. Call Berry Law today to speak to a qualified injury attorney so you can focus on recovering from your injury.