Lincoln Premises Liability Lawyer
Slip and fall accidents are a leading cause of injury in Lincoln and have the potential to result in hefty medical bills and other damages. When these accidents occur on someone else’s property, the owner or occupier of the property could be potentially liable for all the injuries and damages you sustain in your accident. The duty owed by a landowner or possessor of property to you is largely determined by your status as a visitor on the land.
If you or someone you love suffered an injury on someone else’s property, an accomplished attorney may be able to help you recover monetary compensation for all your injuries and damages. A Lincoln premises liability accident lawyer from Inkelaar Law can negotiate with the at-fault person’s insurance company on your behalf, or if necessary, litigate your case in court.
Classifications of Visitors
As stated above, the responsibilities of the owner or proprietor of a property depend largely on the classification of the visitor to their land. A visitor may be classified as a:
- Business invitee
- Licensee
- Trespasser
Invitees to the premises are owed the highest legal duty of care. An invitee is an individual who is invited onto someone else’s property, such as a store customer. This invitation onto the premises implies that the property owner or occupier has taken the necessary steps to assure that the property is safe for visitors. Moreover, it is implied that the property owner has posted warnings about any known defects on the premises, or otherwise taken measures to correct those defects.
A licensee, on the other hand, enters the premises for their own purposes, but with the owner’s consent. A common example of a licensee is a social guest at a holiday party. The owner must warn them of any potential dangers but has less responsibility. Finally, a trespasser enters the property without any invitation to do so and without any guarantee that reasonable care has been taken to assure that the premises are safe. Speak with a Lincoln premises liability accident lawyer for more information.
Duties of Lincoln Property Owners
In Lincoln, all property owners have a duty to keep their premises in a reasonably safe condition and to maintain their property, so as not to pose any unreasonable hazards to visitors. If a hazardous condition does exist on the premises, the property owner must post warning signs or take other steps to correct the danger. The property owner should also inspect the property on a regular basis for hidden unknown dangers or latent defects.
The question of whether a property owner or possessor can be held liable for injuries and damages that occur on the property also depends upon whether the property owner had timely knowledge or notice of the defect.
Assuming the property owner had timely notice of the defect, the question then becomes whether the property owner took prompt action to warn others of the defect or correct it. The property owner will normally be held to the standard of care of a reasonable person acting under the same or similar circumstances. Consult with a Lincoln premises liability accident lawyer for assistance in filing an injury claim.
How a Lincoln Premises Liability Attorney Can Help
Premises liability cases can be very fact-specific and complex. To prove damages, you must be able to show that the premises owner or operator failed to behave in a reasonable manner and that this failure was the direct result of all the injuries and damages sustained.
A Lincoln premises liability accident lawyer can help you recover monetary compensation for medical expenses, lost wages, pain and suffering, and other compensable damages, by introducing expert medical testimony – along with your own testimony – at deposition or trial. Call Inkelaar Law today to speak with one of our passionate attorneys.