Douglas County Slip and Fall Lawyer
While visiting retail and entertainment establishments, many do not have second thoughts about whether the property is safe and adherent to safety mandates or regulations. Unfortunately, some individuals do not always maintain safe environments, especially when visitors are present. Under such circumstances, visitors may slip, fall, and sustain serious injuries.
If you have suffered an injury due to falling on another person’s property, you may be able to recoup compensation with the assistance of a slip and fall lawyer in Douglas County. At Inkelaar Law, we are ready to fight for you, so call today to see what a dedicated personal injury attorney could do for you.
Potential Causes for Slip and Fall Incidents
Nebraska state law requires property and business owners to bear the responsibility of maintaining a danger-free environment for those who frequent their establishment and providing adequate caution regarding any type of potential hazard. However, there are many factors that may precipitate you slipping, falling and sustaining injuries. Hazards that may cause such an injury include:
- Wet floors
- Icy or snowy walkways or stairs
- Poorly lit areas of a specific property
- Uneven or damaged surfaces such as sidewalks, streets or flooring
- Debris or litter covering walkways
- Faulty or non-existent handrails on staircases
- Unsafe working conditions in places like construction sites
A slip and fall attorney in Douglas County, Nebraska could help determine if you have a legitimate civil case after a slipping accident.
Identifying a Plaintiff’s Legal Status
Before any legal action over a slip and fall can commence, an adjudicating body must first determine the victim’s visitor status when the incident occurred, as this could affect how much compensation they could recover. In slip and fall cases, visitors are typically divided into three categories: invitees, licensees, and trespassers.
Invitees
An invitee is an individual who has been invited to the property by the owner. Examples of invitees include customers, friends, or associates who have a personal or business relationship with a property owner.
Licensee
A licensee is someone who visits private premises to perform a specific function. A good example of a licensee is a contractor hired by the property owner to complete some type of construction, electrical, or plumbing work. You could learn which category your status falls under by speaking with a knowledgeable attorney at Inkelaar Law. A slip and fall lawyer in Douglas County could also explain how your classification may impact your injury claim.
Trespasser
A trespasser is someone the premises owner neither invited onto the property nor has any knowledge of the presence of. In certain instances, a trespasser’s presence might be to execute a specific act of malfeasance.
Invitees and licensees stand a better chance of being successful in a premises liability case since they have a legitimate reason to be on the property. Conversely, trespassers are often engaging in illegal behavior and therefore typically cannot achieve positive results in civil lawsuits.
Assigning Blame
Once the injured person’s status has been established, the next step is to determine the percentage of blame each involved party bears. When determining this, adjudicating bodies in Douglas County adhere to Nebraska Revised Statutes § =25-21,185.09, which establishes a modified comparative negligence rule for civil cases in the state.
Modified comparative negligence means that the damages you can recoup for a personal injury would be reduced by the percentage of blame you personally bear for the accident that injured you. You also cannot receive any compensation at all if you are ruled 50 percent or more to blame for the accident in question. A well-versed Inkelaar Law attorney could explain how Nebraska’s negligence laws may impact your slip and fall injury case.
Contact a Douglas County Slip and Fall Attorney
Slip and fall accidents typically occur without warning and may significantly alter the lives of impacted individuals. Fortunately, however, a slip and fall lawyer in Douglas County may be able to prove such an incident occurred due to the property owner’s negligence. Call today to schedule a consultation with one of our seasoned attorneys at Inkelaar Law.