Premises Liability Attorney in Omaha, Nebraska
Premise liability is a legal concept that holds property owners or occupiers responsible for injuries or damages that occur on their premises as a result of hazards or defects on the property. This type of liability applies to a wide range of situations, including injuries that occur on residential, commercial, and public properties.
In order to establish premise liability, the victim must prove that the property owner or occupier owed them a duty of care, that this duty was breached, and that the injury or damage was a direct result of the breach of duty. Duty of care refers to the legal obligation to maintain the property in a reasonably safe condition and to warn of any known hazards. This duty applies to all property owners and occupiers, regardless of whether they are private individuals, businesses, or government entities.
The duty of care can vary depending on the specific circumstances and the type of property involved. For example, a property owner has a higher duty of care to invitees (e.g. customers or guests) than to licensees (e.g. social guests) or trespassers. Invitees are owed the highest duty of care because they are on the property for the owner's benefit, and the owner is expected to take reasonable steps to protect their safety.
In order to preserve their duty of care, property owners and occupiers must take reasonable steps to identify and address hazards on the property. This can include inspecting the property regularly, fixing any known hazards, and warning invitees of any potential dangers. If a hazard is not immediately apparent, the property owner or occupier may still be held liable if they knew or should have known about the hazard and failed to take action.
Once the duty of care has been established, the victim must then prove that the injury or damage was a direct result of the breach of duty. This requires showing that the injury or damage would not have occurred if the property owner or occupier had fulfilled their duty of care. For example, if a property owner fails to repair a broken step and a visitor falls and is injured, the property owner may be held liable for the visitor's injuries because the broken step was the direct cause of the fall.
Finally, the victim must prove that they suffered damages as a result of the injury or damage. This can include medical expenses, lost income, pain and suffering, and other types of losses. In some cases, the victim may also be able to recover punitive damages, which are intended to punish the property owner or occupier for their negligent behavior.
Premise liability cases can be complex and often involve disputes over the extent of the property owner or occupier's duty of care and whether the injury or damage was directly caused by the issues or hazards on the property. Premises liability is the basis for most slip and fall cases. If you have been injured on someone else’s property, give Joseph D Hall & Associates a call today.
Slip & Falls
Slip and fall injuries are a common type of accident that can result in serious injury. These accidents occur when an individual slips, trips, or falls on a dangerous or hazardous surface, such as a wet floor or uneven pavement. Slip and fall accidents can happen anywhere, but they are most common in public places such as supermarkets, malls, and restaurants. They can also occur on private property, such as someone's home or business. Slip and fall injuries can range from minor bruises and scrapes to more serious injuries such as broken bones, head injuries, and spinal cord injuries. In severe cases, slip and fall accidents can even be fatal.
One of the main causes of slip and fall accidents is slippery or hazardous surfaces. This can include wet floors, ice or snow, uneven pavement, or loose carpeting. Poor lighting and cluttered walkways can also contribute to slip and fall accidents. Individuals who are at an increased risk of slip and fall accidents include the elderly, as they may have balance issues or decreased mobility. Children and individuals with mobility impairments are also at a higher risk.
If you have been injured in a slip and fall accident, it is important to seek medical attention immediately. This will ensure that any injuries are properly treated and that you receive the necessary care.
If the slip and fall accident occurred on someone else's property, you may be able to seek compensation for your injuries. In order to do so, you will need to prove that the property owner was negligent in maintaining the premises, and that this negligence led to your accident and injuries.
In order to prove negligence, you will need to gather evidence of the hazardous condition that caused your accident. This can include photos of the scene, witness statements, and any relevant documents, such as maintenance records.
It is also important to document your injuries and any medical treatment you receive. This can include medical bills, receipts for any medications or medical supplies, and a record of any time you have missed from work as a result of your injuries.
If you are unable to negotiate a settlement with the property owner or their insurance company, you may need to file a personal injury lawsuit. This can be a complex and time-consuming process, so it is important to have an experienced attorney on your side.
At Joseph D Hall & Associates, we can help you gather and present evidence to support your claim, and can negotiate on your behalf to try to reach a fair settlement. If a settlement cannot be reached, we can zealously represent you in court and help you pursue compensation for your injuries.
Overall, slip and fall injuries can be serious and can result in significant medical bills, lost wages, and other costs. If you have been injured in a slip and fall accident, it is important to seek Out and get legal representation to properly resolve the issue. Call Joseph D Hall & Associates today!