Those who own property in Lincoln have certain responsibilities to protect the people they invite onto that property. In fact, under the theory of premises liability, property owners even have obligations to protect trespassers from certain forms of danger. When they fail to live up to their responsibilities and others suffer as a result, property owners may be held liable for the consequences.
If you were injured in a fall, attack, or another incident that happened on someone else’s property, you may be entitled to compensation to help make up for the harm suffered. In these cases, it may be wise to talk to a Lincoln premises liability lawyer before too much time passes. A knowledgeable personal injury trial attorney from Berry Law Firm can evaluate your case and the next battles to come, assist in collecting evidence, and fight to obtain the full amount of compensation to which you may be entitled.
Premises Liability Explained
Under Nebraska state law, someone who is lawfully on the property of another person may recover damages from the property owner for harm suffered in certain situations. Specifically, a Lincoln premises liability attorney may be able to help a plaintiff recover when the owner knew or should have known about a dangerous condition and failed to take reasonable measures to protect visitors to his/her property from that danger.
For the person or entity who controlled the property to be held liable, the dangerous condition must have caused an unreasonable risk of harm to others. It must also not have been so obvious that visitors should reasonably have known to protect themselves against the danger.
Consider, for example, a situation involving a loose handrail on the staircase in an apartment building. While the owner or manager is not directly responsible for the handrail coming loose due to repeated use by tenants, he/she does have a duty to inspect periodically for dangerous conditions and to take reasonable measures to repair or warn about them.
The landlord might fulfill the duty of care owed to tenants and guests by repairing the railing or putting up warning signs. However, if the property owner fails to take protective action after a reasonable amount of time, anyone who falls after leaning on the faulty handrail could hold him/her liable for resulting damages and injuries.
When a property owner invites people onto his/her property explicitly or implicitly—for example, by opening a store for business or renting apartments to tenants—he/she then owes a duty of care to protect all these visitors from foreseeable dangers. As such, a property owner or manager may also be held liable for the illegal actions of third parties on his/her property under certain circumstances.
If there has been criminal activity in a specific area close to an owner’s property, such as attacks in an unlighted parking lot, it is foreseeable that such activity could occur again. Therefore, the property owner would be negligent in their duties if they fail to take action for the security of those invited onto the property. If a shopper, tenant, or guest then suffered injuries in an attack, a premises liability lawyer in Lincoln can work to hold the property owner liable for not providing security measures such as fencing, guards, lighting, or cameras. Call to learn more about how our dedicated lawyers can fight for your right to compensation.
Speak with a Lincoln Premises Liability Attorney
When property owners are held liable for injuries suffered on their property, they may be required to pay for different types of consequences resulting from the incident. This monetary compensation is referred to as “damages” and is often covered by insurance.
A Lincoln premises liability lawyer can assist in recovering damages to make up for wages lost due to time off work, medical expenses, future medical needs, and other economic losses. Your attorney may also be able to help recover compensation for emotional distress, pain and suffering, and other intangible effects. To learn your options for recovery, call Berry Law now to schedule a free consultation.