Slip and Fall Attorneys in Omaha, NE
Our lawyers fight for maximum compensation
Slip and fall accidents happen a lot, and many times they are preventable. Property owners and businesses are responsible for keeping their premises safe from hazards that can cause people to get hurt.
If the negligence of a property owner or manager resulted in you getting injured, you have the right to pursue compensation from the at-fault party to cover the cost of your accident-related expenses, which are called damages.
At Ausman Law Firm, P.C., L.L.O., our slip and fall lawyers know how to hold negligent property owners accountable and fight for the compensation you deserve.
What is premises liability law?
Officially a subcategory of personal injury law, premises liability is an area of the law that holds a property owner or manager responsible for damages that arise from an injury sustained on their property, or premises.
In general, property owners have a legal obligation to keep their premises reasonably safe from hazards, though different rules apply based on whether the victim was an invitee, licensee, or trespasser at the time of the injury:
- An invitee is someone who has been invited onto the premises for business purposes. For instance, anyone at a retail store during business hours or someone who is hired to make repairs at a private home would be considered an invitee because the person is there for the benefit of the property owner. Invitees are generally owed the highest duty of care from a legal standpoint, meaning the property owner or manager should frequently inspect the premises for hazards, post warnings of any known dangers (e.g., wet floors, tripping hazards), and reasonably address any hazards.
- A licensee is someone who is on the property for social purposes or other lawful reasons. An example of a licensee would be a guest invited to a private home for a party or anyone else who was explicitly or implicitly invited by the property owner onto the premises. Broadly speaking, the standard of care is slightly lower for a licensee compared to an invitee.
- A trespasser is anyone who is on a property without permission. While unlawful visitors have very few legal rights, property owners typically aren’t allowed to intentionally trap or injure a trespasser. Different rules can also apply to child trespassers, particularly in claims that involve “attractive nuisances” like swimming pools, treehouses, and trampolines.
Keep in mind that a lot of states have unique, complex laws when it comes to premises liability, thus it’s generally in your best interest to seek legal help from an attorney in your jurisdiction with experience handling claims similar to yours.
How do slip and falls happen?
Slip and falls can happen on practically any type of property and can be caused for many different reasons. Whether the accident happened on commercial property, a private home, government property, or a rental property, slip and falls generally take place when a property owner or manager fails to address a hazard.
A slip and fall accident can occur in many different ways, including but not limited to:
- A wet floor caused by a spill, mopping, or water leak
- A slippery sidewalk, parking lot, or walkway
- Poor lighting
- Unmarked construction
- Damaged stairs and/or handrails
- Loose floorboards or carpeting
- Clutter or debris in aisles
- An unsafe escalator
Property and business owners who don’t take action to prevent slip and fall accidents can be found negligent and responsible for paying damages.
What are some of the most common injuries after slips, trips, and falls?
According to the World Health Organization, more than 37 million falls that require medical attention take place each year. On a global scale, falls result in approximately 646,000 deaths every year. Some of the most common injuries from falls include:
- Concussions and other traumatic brain injuries
- Spinal cord damage
- Fractures and broken bones (e.g., arm, wrist, hip, pelvis, leg, foot, ankle)
- Back injuries
- Neck and shoulder injuries (e.g., torn rotator cuff, fractured scapula)
- Torn ligaments, tendons, and muscles
How do I know if I have a case?
To have a viable premises liability claim, certain elements must be present:
- The entity that you are suing must own, lease, or occupy the property where you were injured.
- You were owed a duty of care by the property owner or manager.
- The property owner or manager breached that duty of care by not addressing hazards that they knew or should have known about.
- As a result of that negligence, you were injured and suffered damages.
It’s generally not a good idea to speculate whether you have a case worth pursuing unless you have a firm grasp on the laws that apply to your claim and know how to accurately calculate the total cost of your injuries.
Even then, trying to recover fair and full compensation for your damages can prove to be an uphill battle considering the insurance company for the at-fault party has a financial interest in paying you as little as possible. Overall, letting a lawyer review the details of your claim during a free consultation is the most convenient way to find out if you have a case.
How much is my slip and fall case worth?
Many different factors can impact the value of your claim, so there is no way to provide an exact dollar amount without first knowing the specific details of your case.
In general, the more severe the injury the more money you can expect to receive in compensation, but the circumstances surrounding your accident and the overall strength of your case must also be considered when calculating your claim’s worth.
Broadly speaking, you may be entitled to pursue compensation for:
- Your medical expenses, including the cost of future care
- Lost wages
- Loss of earning capacity
- Replacement services
- Your pain and suffering
Assuming that you aren’t sure how much your case is worth, you should strongly consider speaking to an attorney before you accept a settlement offer from an insurance company. It’s important to realize that once you take money from an insurance company, it’s over. Your case is closed, and you can’t go back for more funds even if your expenses end up exceeding the settlement.
Our law firm fights for the compensation you deserve
Attorneys Jason Ausman and Michelle Epstein used to represent insurance companies. They know that negligent parties and insurance companies often deny responsibility for slip and fall accidents. They also know how to build a strong case that puts pressure on an insurance company to settle.
Our law firm has been getting results for clients in Nebraska and Iowa since 2007. We are dedicated to helping the injured fight back against insurance companies. If you’ve been hurt in a slip and fall accident and want to learn your legal rights and options, contact us today for your free consultation.
“You helped relieve the stress of the situation and were patient with my inexperience with this process. Settlement was fair and handled judiciously. Outcome was better than I expected, $90,000 from slip & fall & broken femur on wet salon floor will help handicap proof our home and savings for future medical. Keep up the good work. Thank you so much.” – AnneMarie L.