Top-Rated Omaha Premise Liability Lawyers

One minute you’re thinking of grabbing lunch downtown and the next, you’re flat on your back in a parking lot. Unsafe property conditions, like black ice outside a restaurant, broken concrete at a shop in The Old Market, or unsafe stairs in your apartment complex, can turn ordinary errands into emergency room visits.

Omaha property owners have a legal duty to maintain safe premises; hence, when they fail and you get hurt, the consequences go beyond physical pain. Medical bills pile up. You miss work. The stress takes a toll on your family.

That’s where Nebraska’s premises liability law comes in. It gives you the right to hold negligent property owners accountable and recover compensation for your injuries.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners responsible for injuries sustained due to unsafe conditions on their property. In Nebraska, this legal duty applies to anyone who owns, manages, or controls property, whether it’s a business, apartment building, private home, or public space.

The principle is to keep people safe if you invite them onto your property. This means property owners should:

• Regularly check for hazards like broken stairs, loose carpeting, or spills.
• Warn people about hazards that can’t be immediately repaired.
• Fix dangerous conditions as quickly as possible.
• Take extra care during Omaha’s harsh winters when ice and snow create serious risks.

Common Causes of Premises Liability Injuries

Here are some causes of premises liability injuries in Omaha:

1. Wet or Icy Surfaces: Omaha winters are brutal. With an average temperature of 24°F (-4.2°C) and frequent snowfall, ice builds up fast on sidewalks, stairs, parking lots, and building entrances leading to fall injuries. Omaha Municipal Code Sec. 34-332 requires property owners to clear snow and ice from public sidewalks within 24 hours. When they don’t, people get hurt.
2. Structural Problems: Broken stairs, missing handrails, cracked sidewalks, and rotting porches are especially common in Omaha’s older neighborhoods like the Old Market and Dundee, where aging buildings and infrastructure create ongoing hazards.
3. Poor Lighting: Dark stairwells, dimly lit parking lots, and inadequate lighting in alleys make it difficult to spot dangers. Poor lighting also increases the risk of criminal activity on the property.
4. Recreational Hazards: Swimming pools without proper fencing, poorly maintained playground equipment, or exercise facilities with broken machines can cause devastating injuries.
5. Security Failures: Broken locks, malfunctioning security cameras, and inadequate lighting create dangerous conditions. When visitors are attacked or assaulted due to poor security, property owners can be held liable.
6. Construction Zone Dangers: Unmarked construction areas, exposed wiring, unsecured equipment, missing barriers, and debris left in walkways put visitors at unnecessary risk.

Injuries Caused by Premises Liability Accidents

Premises liability accidents cause injuries from minor bruises to injuries that can change your life in an instant. Common injuries include:

1. Fractures and broken bones
2. Traumatic brain injuries
3. Spinal cord damage
4. Lacerations and soft tissue Injuries
5. Internal injuries
6. Psychological trauma

Steps to Take After a Premises Liability Injury

If you’re injured on someone else’s property, here’s what you should do:

1. Get medical help immediately. Even if you seem fine, make your way to the nearest hospital to get examined. Some injuries, like concussions, whiplash, muscle strain, and internal bleeding, may not show instant symptoms. Here are some hospitals you can visit:

• Nebraska Medical Center is a major hospital offering trauma services and specialized treatment for serious injuries.
• Methodist Hospital provides 24/7 emergency care and inpatient treatment.
• OrthoNebraska Oakview Orthopedic Clinic is dedicated exclusively to orthopedic patients and is a strong option for specialized care, including joint replacements

Make sure to document everything, follow all treatment recommendations, and keep copies of medical records, bills, and prescriptions.

2. Document everything at the scene. If you’re physically able, collect evidence right away:

• Photograph the exact hazard that caused your injury from multiple angles.
• Take pictures of your visible injuries.
• Capture the surrounding area, including lighting conditions and any warning signs (or lack of warning signs).
• Record weather conditions.
• Get the names, photos, and contact information of anyone who witnessed your accident.
• Write down exactly what happened while the details are fresh in your mind.

3. Report to the appropriate authorities. Notify the property owner or manager immediately. Also, request an incident report. If they refuse or delay, document your attempt to report in writing. Then, contact a lawyer quickly to help ensure you get the incident report and settle any legal issues. You can file a complaint or obtain accident reports in Omaha from the Omaha Police Department.

What Compensation Is Available in Premises Liability Cases?

Successful premises liability claims recover both economic and non-economic damages.

Economic damages cover your financial losses:

• All medical expenses, including emergency room visits, hospitalization, surgery, medications, medical equipment
• Future medical costs for ongoing treatment, therapy, or long-term care
• Lost wages for the times you couldn’t work during recovery
• Reduced earning capacity, if injuries prevent you from returning to your previous job or career
• Property damage for belongings damaged in the accident

Non-economic damages compensate for immaterial losses or harm:

• Physical pain and suffering from your injuries
• Emotional distress, anxiety, depression, and PTSD
• Loss of enjoyment of life and inability to participate in activities you previously enjoyed
• Permanent disfigurement or scarring
• Loss of consortium (the impact on your marriage or family relationships)

The amount you can recover depends on several factors:

• Severity and permanence of your injuries
• Impact on your ability to work and earn income
• How clearly the evidence proves the property owner’s negligence
• Your own percentage of fault under Nebraska’s comparative negligence rule
• Quality of your legal representation

Nebraska’s Comparative Negligence Rule

Nebraska follows a “modified comparative negligence” rule. This rule allows fault to be shared between parties in an accident. But you can recover compensation as long as you’re not more than 50% at fault for the accident. Here’s how it works:

You slip on an icy sidewalk outside an Aksarben Village coffee shop. Your damages total $100,000. The jury determines:

• The business owner is 80% at fault for not removing ice within the required 24-hour period.
• You’re 20% at fault for wearing smooth-soled dress shoes during winter.

You recover $80,000 ($100,000 minus your 20% share). However, if the jury found you 51% or more at fault, you’d receive nothing, even though the property owner was also negligent.

Insurance companies use comparative negligence aggressively to reduce what they pay. They’ll scrutinize what shoes you wore, whether you were distracted, or if you ignored any warning signs—anything to shift more blame onto you. That’s why it’s important to work with a skilled lawyer that will ensure your actions aren’t unfairly exaggerated to reduce your compensation.

What’s the Statute of Limitations for Filing a Premises Liability Claim?

You have four years from the time of your injury to file a premises liability claim. If you miss this deadline, you’ll lose your right to compensation, regardless of how severe your injuries are or how clear the property owner’s negligence was.

However, some exceptions apply:

1. Discovery Rule: If your injury wasn’t immediately apparent, the four-year period may start when you discovered the injury.
2. Minors: If the injured person is under 21 years old, the statute of limitations may not begin running until they reach age 21.
3. Government Property: Claims against the City of Omaha require special procedures that must be followed exactly. Typically, you have to provide written notice within 90 days. Also, the filing deadline is shorter than the standard four years.

Talk to Our Omaha Premises Liability Lawyers Today

Evidence vanishes fast. Surveillance footage gets deleted within weeks. Property owners fix hazards right after accidents. Snow and ice melt. Witnesses forget details. The longer you wait, the weaker your case becomes.

An experienced Omaha premises liability lawyer will help you gather all the information needed to build a strong case. If you’ve been injured on someone’s property in Omaha, don’t wait. Our experienced legal team at Mueller, Schmidt, Mulholland & Cooling will handle the fight for compensation while you focus on recovery. Fill out our free consultation form today.