Injuries incurred on others’ property may be the legal responsibility of the owners or occupiers of the property. Depending on the rules and principles in the jurisdiction where the injury occurred, liability for damages including lost wages and medical bills, as well as pain and suffering may be recovered. A competent Personal Injury lawyer knows the Premises Liability Laws and will be able to determine if damages due to an injury caused by a slip or fall may be sought. Common causes of slips and falls include ice and snow, spilled liquid, uneven stairs, and broken steps. Slips and falls are usually complex. There are several legal issues and complications that need to be addressed. Personal Injury attorneys with premises liability experience are best qualified to advise you on your rights and the possibility to obtain positive outcomes in slip and fall cases.
No matter how a person ended up on your property, you may be liable for an injury. It doesn’t matter if you invited someone onto your property (an invitee), someone comes onto your property with your permission for their own purposes (a licensee) or someone comes on without any permission (a trespasser). Owners are required to warn others of possible dangers, even trespassers, if it may be proven that they knew someone is likely to trespass on their property.
Premises Liability Laws in some states focus on the visitor’s status on the property. Licensees need to be warned of hidden dangerous areas, and the owner may not necessarily need to have these areas fixed. Trespassers may recover damages if they may prove the owner knew others would enter his or her property without permission. Even though proper warning signs need not be placed in the case of trespassers, it is still wise to do so in case children wander onto your property. Children that are injured on your property are more likely to recover damages, even if they are trespassers. This fact increases the property owner’s duty to warn in the case of children.
The condition of the property and activities of the owners, visitors, and licensees are given consideration in some states. Reasonable care must be given to any visitor or licensees, but not to trespassers. Owners must continually inspect property and repair or place warnings on any dangerous conditions. The injured party must show neglect to the standard of reasonable upkeep by the owner to prove a premises liability case and prove the owner had knowledge of the danger. The injured party must also show that they took reasonable care for their own safety. It is very difficult to prove owners knew of the dangers and that injured parties took reasonable care to avoid the danger.
Personal Injury Cases
When someone slips on a foreign substance or due to a dangerous condition and injures themselves when falling, they have a slip and fall Personal Injury case. Common causes of these are icy sidewalks, often in front of a business, or grocery store slips on various food items that have fallen on the floor. Owners of the property may or may not be liable for the damages due to these injuries. Even though they have a duty to maintain the property and exercise reasonable care to protect their consumers and other visitors, conditions of the property should be easily perceptible, as the injured parties have a responsibility to protect themselves against injuries.
The owners or possessors of the property may also avoid liability by showing that the danger had occurred without reasonable opportunity for the owner or possessor to clean up or fix the condition before the injuries occurred. This time frame may vary in each individual case, and it is the injured party that has to establish that the owner or possessor of the property had a reasonable period of time in which to find out about the danger and to place a warning about it or fix the problem.
When you've been hurt, either in an accident or on the job, you need help. With medical bills mounting, calls from creditors, and the difficulty in getting better, you don't know where to turn. That's when Island Law Office, PC, LLO, can help. Island Law Office, PC, LLO is a full-service law firm that helps people. We will help you through the legal process and protect your interest. When Island Law Office, PC, LLO gets involved, you can set aside your worries and get back to getting better. So when you are injured, call Island Law Office, PC, LLO at (308) 633-4040. We'll help you get back on track.
Bell Island is a graduate of the University of Nebraska College of Law and has lived in Scotts Bluff County since 1994. Bell started in the Scotts Bluff County Public Defender's office and opened his own practice in 1999. Bell continues to represent clients in the areas of Criminal Law, DUI, Divorce and Family law, and Probate, matters. Read More
If you would like to schedule an initial consultation contact a Nebraska neck, brain, shoulder, and back accident attorney, representing clients in Rushville, Nebraska at the Island Law Office, PC, LLO. Give us a call at (308) 633-4040.