Like commercial property managers, private landowners have a certain level of responsibility—or a duty of care—to protect visitors from preventable injuries. Consequently, if you suffered harm due to a dangerous condition on someone else’s private land, you may have grounds to file a lawsuit.
Recovering adequate compensation for injuries on private property in Omaha can be a lengthy and complex legal process, especially if you attempt to go through it alone. The legal team at Berry Law can serve and a vital resource in your fight to establish negligence and demand financial restitution. Reach out to a dedicated premises liability attorney right away to begin working on your case.
Visitor Classification Laws in Omaha
In many states, landowners owe a greater degree of care to certain visitors, depending on their reason for entering the premises. Invitees who visit a property for the owner’s benefit are owed a higher level of care than licensees who visit for their own benefit.
However, the 1996 Nebraska Supreme Court case of Heins v. Webster County did away with the distinction between these two classes of visitors in premises liability claims. As a result, private property owners owe the same duty of reasonable care to all lawful visitors on their land.
State case law makes it easier for lawful visitors to pursue compensation for preventable accidents, but the legal process is still difficult to navigate. It is best to work with an experienced private property injury lawyer who can assist you throughout the legal claim.
Proving the Private Property Owner was Negligent
Successful recovery in premises liability cases hinges on whether you and your attorney can prove the property owner was reasonably aware of a hazard on their land but did not address it in an appropriate amount of time. Then, you must show that your injuries stemmed directly from that hazardous condition. A hardworking lawyer in Omaha can guide you as you gather evidence to build a compelling private property injury case.
Potential Roadblocks to Recovery
As is the case with any personal injury case, maximizing recovery in premises liability claims requires not only proving the defendant’s liability but also avoiding determinations of partial fault. According to Nebraska Revised Statutes §25-21,185.09, the court may reduce your final damages award if you are found partly liable for your injuries. If the court finds you 50 percent or more at fault, you will be unable to recover compensation at all.
Additionally, premises liability cases are subject to the same statute of limitations as other personal injury claims. Under Neb. Rev. Stat. §25-207, the deadline for filing your case is four years from the date of the incident. If you wait any longer to take action, the court will dismiss your case. After suffering injuries on private property, you should reach out to a legal professional as soon as possible to avoid having your case dismissed.
Call a Lawyer After Suffering Injuries on Private Property in Omaha
If you suffered a severe injury while lawfully on another person’s land, you can hold them accountable for their negligent actions. The attorneys at Berry Law have experience handling cases involving injuries on private property in Omaha. To improve your chances of comprehensive recovery for your losses, retain a lawyer at our firm today. Contact Berry Law to schedule a free initial consultation.