All visitors on other peoples’ land have the right to expect that they will be kept safe. This is because property owners have a legal duty to protect their visitors. This duty forms the backbone of premises liability laws in Omaha.
One common way that landowners fail in this duty is by allowing a temporary hazard to create an unsafe condition. These dangerous conditions can cause even a cautious visitor to slip and fall, often resulting in a severe injury.
An Omaha slip and fall lawyer can help individuals who were injured in slip and fall accidents hold at-fault landowners responsible for their negligence. With the help of a dedicated personal injury attorney from Berry Law, you can seek payments for medical bills, lost wages, and mental anguish.
Obligations of Omaha Landowners
Landowners have a duty to maintain their property in a safe manner for all invited visitors. It is important to note that this duty applies to invited visitors. This includes those who are given express or implied permission to enter the land.
Landowners must take reasonable steps to protect these visitors from harmful conditions. This includes warning them of any known hazards. Property owners may fail in this duty by:
- Not cleaning a liquid spill promptly
- Failing to keep walkways clear of ice or snow
- Not repairing a broken stair
Ultimately, it is up to you and your injury attorney to prove that a landowner failed in this duty, causing your slip and fall. It is also worth noting that landowners have far less of an obligation to protect a non-invited visitor, also known as trespassers. Landowners must only refrain from intentionally creating hazards that could cause an injury to anyone not invited onto their land.
Who is Responsible for Slip and Fall Injuries?
There are numerous property owners that can face responsibility for a slip and fall accident. Many slip and fall accidents occur on the premises of a business. These accidents routinely occur in businesses that are open to the public, particularly in restaurants and grocery stores. In addition to the owners of these buildings, it could also be possible to pursue a case against occupiers as well.
It is also possible to pursue a slip and fall injury lawsuit following an accident at a private residence. The same laws that allow a personal injury case against businesses also apply to the owners of private residence.
There is also an opportunity to pursue a legal claim against a government entity. Suing a government entity for a slip and fall injury can have additional challenges that are not present in most cases, but an attorney could help address those issues.
Potential Injuries After a Slipping Accident
Slip and fall accidents can result in surprisingly severe injuries. Typical injuries sustained in slips and fall include:
- Broken bones
- Deep cuts and bruises
- Internal bleeding
- Sprained ligaments or tendons
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Separated joints
Some injuries heal over time, like broken bones, sprained ligaments, and lacerations. However, there are certain injuries that come with a slip and fall accident that could have permanent consequences.
For example, severe fall injuries such as head trauma or back injuries can lead to nerve damage or paralysis if left untreated, so it is always best to seek medical attention immediately after an accident. Once you have begun the healing process, your next step should be seeking legal help from a lawyer familiar with handling slipping accident cases.
Compensation in Slip and Fall Claims in Omaha
After an accident, you can seek compensation from the person responsible for your injuries. Your slip and fall case is worth the value of your economic and non-economic losses. A comprehensive claim should take the full impact of the incident into account, including past and future losses. A local slip and fall attorney can help gather evidence concerning the accident to prove liability and ensure you receive the full compensation you deserve.
Costly medical bills are a major part of most personal injury cases. From setting broken bones to testing for traumatic brain injuries, this medical care can lead to significant financial losses.
When your injuries are the result of the carelessness of a property owner, it is only fair that the owner faces responsibility for those expenses. A personal injury lawsuit can help you recover the cost of your surgical procedures, emergency medical care, hospitalization, prescription medication, rehabilitative treatment, and accessibility aids.
Most of the focus in a slip and fall accident case is on the bodily injuries suffered by the victim. That said, a slip and fall lawsuit could also pursue financial compensation for the damaged property belonging to the victim. This could include expensive items like cell phones, laptops, or watches.
Missing work can be another unfortunate consequence of a slip and fall accident. This can. Weeks or months of lost wages could bring a sudden and unexpected end to your income and place an additional financial strain on an already difficult situation. A successful injury claim could result in compensation for past and future lost wages.
Diminished Future Earning Capacity
In addition to lost wages, a severe fall can have long-term effects on your financial situation. A permanent injury could limit the type of work you are capable of doing after the accident. When this happens, you may have to settle for lower-paying work. In your case, you can fight for compensation for this future reduction in salary.
Pain and Suffering
You can also pursue compensation for the physical pain and suffering that comes with a slip and fall accident. In some cases, this could represent a large portion of the financial settlement.
Pain and suffering damages are subjective, given that no two people experience pain in the same way. An attorney from Berry Law can pursue fair compensation for your pain and suffering by showing a jury how the accident continues to impact your life.
Mental anguish is the emotional impact of a serious injury. Typically, mental anguish occurs even after the physical injuries following a slip and fall have healed.
While there is no way to objectively measure this type of non-economic loss, an experienced attorney can pursue compensation for you by showing the emotional impact the falling accident had on your life.
The injuries stemming from a slip and fall accident can leave you with a permanent disfigurement such as visible scarring or a limp. Financial compensation could be available based on the severity of this condition.
Comparative Fault in a Slip and Fall Accident
With many slip and fall accidents, there is little doubt that a hazard on the property of the defendant was responsible for causing an injury. In these cases, you may get the full amount of compensation you deserve.
Other cases are not so simple. There are situations where the person that suffers injuries in a fall is partially to blame for their own injuries. The property owner may make this argument if he or she believes you should have noticed the hazard or you were acting carelessly at the time of the accident.
Affect of Partial Fault on Damages
Under state law, you could lose your ability to secure compensation for your injuries if you share the majority of the blame for the accident. The legal doctrine known as comparative fault governs these cases. Under comparative fault rules, an injury victim that shares equal or greater blame for an injury compared to the defendant is barred from recovering any compensation.
Fortunately, not every injured party who bears partial fault for their slip and fall accident is entirely barred from recovering compensation. If your share of fault is less than the defendant’s, you can recover a monetary award.
However, the court is required to reduce the amount of compensation you receive by your degree of fault. For example, if you are 10% at fault for your fall, you could see the total amount of your damages reduced by 10% as well. A skilled lawyer can help you fight against any accusations that you were at fault for your slip and fall.
Statute of Limitations
Bringing a claim within a timely manner is important. There is a law in Nebraska known as the statute of limitations that controls when a court can hear a case. Under Nebraska Revised Statute §25-207, accident victims have only four years from the date of the injury to pursue a claim. If you do not pursue a case within that time, you may be barred from any recovery. A hardworking lawyer can ensure you file your slip and fall case on time.
An Omaha Slip and Fall Attorney Can Be Your Advocate
Property owners in Nebraska must protect all invited visitors who come onto their land. This includes the obligation to clean all temporary hazards or conditions that may cause a slip and fall injury. If you are injured after falling on another person’s property, you have the right to demand compensation.
An Omaha slip and fall lawyer can help you hold a negligent property owner responsible for his or her actions. Learn more about your rights by calling Berry Law today to schedule a consultation.