Whether you were in a retail store, at a friend’s house, or anywhere else you were lawfully invited or allowed to visit, the person responsible for overseeing that property is obligated to reasonably ensure your safety. If a landowner or property manager violates this duty of care and you get hurt as a result, they may be financially liable for any injuries and losses you suffer.
Premises liability claims can be very complicated without help from an experienced personal injury attorney. Fortunately, a Papillion premises liability lawyer on our team is ready to guide you through the filing process and help you pursue recovery for all of your injuries and losses.
When is a Papillion Property Owner Liable for an Injury?
In Nebraska, premises liability law only establishes a duty of care between property owners or managers and “lawful entrants.” These can be “invitees” who are invited onto a property for the benefit of the owner or “licensees” who have authorization to enter a property, usually to perform contracted work. Trespassers aren’t owed any level of care by property owners, except that property owners cannot intentionally try to harm trespassers.
For lawful entrants, property owners and managers must take reasonable measures to ensure their premises is free of known hazards and generally safe for visitors. If a property owner fails to remedy a hazardous condition or warn guests of conditions that cannot be remedied in a timely manner, they could be held responsible for any resulting injuries.
Various additional factors can impact who bears liability and whether a cause for action exists in this kind of situation, including who owns the property involved and how long the hazard in question was present. A local attorney could answer these questions and effectively pursue compensation from a negligent property owner.
Recovering Compensation and Avoiding Fault
When landowners and property managers are found liable for accidents under premises liability law, they can be ordered to cover any economic or non-economic damages you experienced as a result of their carelessness. Depending on the circumstances of your premises liability case, a Papillion lawyer could help you pursue compensation for:
- Medical expenses
- Damaged or destroyed personal property
- Income loss due to time missed from work
- Diminished earning capacity
- Physical pain and suffering
- Loss of enjoyment of life
- Permanent disability or disfigurement
However, defendants often try to absolve themselves of liability by claiming that a plaintiff is partially or primarily responsible for the accident that injured them. If a judge finds evidence of contributory negligence, Nebraska Revised Statutes §25-21,185.11 allows the court to reduce your compensation by your assigned percentage of fault. For example, if you are 30% at-fault for the injury, you will only receive 70% of the full compensation. You may be barred from recovery completely if your portion of fault equals or exceeds 50%.
Contact a Papillion Premises Liability Attorney Today
While retaining legal counsel is important for achieving success in any civil case, professional representation is often especially critical in premises liability claims. Without help from a seasoned attorney who is familiar with the nuances of premises liability law, you may have trouble holding the defendant in your case responsible for your injuries.
If you believe you have grounds to file suit after suffering harm on someone else’s property, talking to a Papillion premises liability lawyer should be a high priority. Call Berry Law: Criminal Defense and Personal Injury Lawyers today to schedule your initial consultation.