Property owners have a legal responsibility to maintain reasonably safe premises for visitors. When they fail to repair hazardous conditions or warn people about known dangers, serious slip-and-fall accidents can occur. Wet floors, uneven sidewalks, poor lighting, loose flooring, and icy walkways are just a few of the hazards that can leave victims with painful injuries, expensive medical bills, and time away from work.
That’s where our Omaha slip-and-fall lawyers come in. Hauptman, O’Brien, Wolf & Lathrop, LLC has been helping injured people throughout Omaha and Nebraska for over 40 years. We investigate the cause of the accident, identify the liable parties, and pursue the compensation our clients deserve for their medical expenses, lost wages, pain and suffering, and other losses.
Have you been injured in a slip-and-fall accident? If you’re in Omaha or anywhere in Nebraska, call our Omaha slip-and-fall lawyers today at (402) 241-5020 or contact us online for a free consultation.
How Our Omaha Slip-and-Fall Attorneys Help You With Your Accident Claim
Slip-and-fall claims can quickly become complicated because property owners and their insurance companies often dispute liability or argue that the accident was your fault. Our attorneys handle every aspect of your claim so you can focus on your recovery.
We will:
- Investigate the accident scene by identifying hazardous conditions and determining what caused your fall.
- Gather and preserve evidence such as surveillance footage, photographs, maintenance records, and incident reports.
- Identify all liable parties including property owners, managers, tenants, or maintenance companies.
- Interview witnesses to document what happened before, during, and after the accident.
- Work with medical and safety experts to connect the hazardous condition to your injuries.
- Negotiate with insurance companies to pursue a fair settlement and protect your interests.
- Fight for maximum compensation through settlement negotiations or litigation if a fair resolution cannot be reached.
Slip-and-fall injuries can have lasting physical, emotional, and financial consequences. Our legal team is committed to protecting your rights and guiding you through every stage of the claims process. We work on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you. Let us handle the legal challenges while you focus on healing.
Slip-and-Fall Accident Types We Handle in Omaha
Our team of personal injury attorneys at Hauptman, O’Brien, Wolf & Lathrop can help you handle the wide variety of challenging medical, emotional, and legal questions surrounding slip and fall cases. We handle all types of premises liability injuries, including those arising out of:
- Inadequate security
- Weather-related situations
- Falls down stairs, in stores, or over obstacles in pathways and aisles
- Equipment failure
- Falling off balconies
- Improper safety measures
- Poorly maintained or improperly installed railings
- Broken stairs, broken steps
- Dangerous stairwells or landing areas
- Pool accidents
- Dangerous sidewalks, cracks in the sidewalk, potholes
- Defective, inadequate or inoperative lighting
- Failure to warn of hazardous or dangerous conditions
- Failure to correct hazardous or dangerous conditions
- Slippery or wet floors
- Tenant slip, trip and fall injuries caused by landlord negligence
Injuries from slips, trips, falls, and other premises liability cases can range from mild to severe: broken limbs, broken ribs, broken hip, head trauma, fractured skull,l and brain injury may occur. You may be unable to work, your medical bills may be staggering, and you may have debilitating injuries that will require expensive short- or long-term rehabilitation. You deserve to be compensated.
Common Injuries from Slip and Fall Accidents in Omaha
A slip and fall accident can cause devastating injuries to the victim. Injuries stemming from a slip and fall accident can often lead to hospitalization, surgery, permanent and partial disabilities and impairments, and even death. Some of the most common injuries we see in slip and fall cases in Omaha include but are not limited to the following:
Fractures
The National Floor Safety Institute reports that nearly 90% of all falls by people over the age of 65 results in fracture injuries. People over the age of 65 often experience hip fractures, however, broken arms, legs, and even cranial fractures have been known to affect victims of slip and fall incidents.
Death
According to the National Floor Safety Institute (NFSI), slip and fall incidents are the second-leading cause of injury-related fatalities among individuals aged 65 to 84, and they are the leading cause of such deaths for those 85 and older. Tragically, young children are also at risk. In severe cases, these accidents can result in the wrongful death of a person, leaving families to cope with sudden loss and the emotional and financial toll that follows.
Traumatic Brain Injuries (TBI)
Hitting your head during a fall can cause you to suffer significant brain damage. This can range from concussions to permanent impairments and everything in between. Symptoms of a traumatic brain injury can include mood swings, seizures, severe headaches, nausea and more. According to the CDC, falls are the most common cause of brain injuries.
Spinal Cord Injuries
The NFSI reports that falls account for the second most common cause of spinal cord injuries for adults over age 65. Spinal cord injuries can prove to be debilitating and life-altering. Those who suffer a spinal cord injury in a slip and fall accident could experience partial or complete paralysis causing them to have to rely on full-time caretakers for the rest of their lives.
Neck, Shoulder, and Back Injuries
These injuries can include cracked and fractured vertebrae, strains, sprains, and herniated discs. Even whiplash can be a result of a slip and fall injury. All of these injuries require medical attention from a professional and should not be taken lightly. Some injuries such as cracked vertebrae and herniated discs could require surgery and extensive rehabilitation.
Compensation for Omaha Slip-and-Fall Accident Victims
Slip-and-fall injuries can cause their victims to sustain a variety of serious injuries that may force them to undergo expensive medical treatments and lengthy recovery periods. Their ability to work and earn a living during this time may be minimal or non-existent. The good news is that the law enables you to “be made whole” for these losses. While the amount of compensation you are entitled to is dependent on the specifics of your case, our personal injury lawyers can seek compensation from the at-fault party for the following applicable damages:
- Medical Bills (present and future)
- Pain and suffering
- Lost wages
- Loss of earnings capacity
- Incidental expenses
- Surgical costs
- Ambulance bills
- Rehabilitation expenses
- Loss of consortium
- Loss of enjoyment of life
- Mental anguish and PTSD
- Home and vehicle alterations required due to the injury
Each slip and fall case is different. Therefore, the compensation someone else receives for their accident could be entirely different than the amount you receive. The list above, however, will give you a better idea of what damages could apply to your case moving forward. To find out just how much your case could be worth, we advise you speak to one of our experienced slip and fall lawyers in Omaha. We offer free initial case evaluations in which we could give you a better idea of how your case may develop moving forward. The lawyers at Hauptman, O’Brien, Wolf & Lathrop take pride in serving our clients in Nebraska and will take on the burdens and stress of pursuing compensation off of your shoulders, so you can concentrate on healing from your injuries.
Speak with an Omaha Slip-and-Fall Attorney at Hauptman, O’Brien, Wolf & Lathrop, LLC Today
A slip-and-fall accident can result in broken bones, head injuries, spinal injuries, and other serious conditions that affect your health, finances, and daily life. At Hauptman, O’Brien, Wolf & Lathrop, LLC, we are committed to helping injured victims throughout Omaha and Nebraska hold negligent property owners accountable and recover the compensation they deserve.
When you contact our firm, we will carefully evaluate your case, explain your legal options, and answer your questions. If we take your case, you pay nothing upfront. We handle slip-and-fall claims on a contingency fee basis. In other words, you pay no attorney fees unless we win. We also offer home, hospital, and nursing home visits for your convenience.
Have you been injured in a slip-and-fall accident? If you’re in Omaha, or anywhere in Nebraska, contact Hauptman, O’Brien, Wolf & Lathrop, LLC today for a free, no-obligation consultation. Call our Omaha office at (402) 241-5020 or reach out through our online contact form to discuss your case with an experienced Omaha slip-and-fall lawyer.
Slip and Fall Accidents: Frequently Asked Questions
Who Is Responsible for a Slip & Fall Accident Under Nebraska Law?
Most slip and fall accidents occur as a result of an obstruction in the walkway, a hard-to-see hazard, or some other dangerous property condition.
Property owners have a legal duty to maintain their premises in a reasonably safe condition. This includes the duty to:
- Inspect the property regularly,
- Make reasonable efforts to cure any hazards promptly,
- Reasonably address any known or foreseeable risks of harm, and
- Warn visitors or members of the public about such hazards in the meantime.
Property owners who fail to meet these duties may be held liable (i.e. legally and financially responsible) for the damages that you suffer as a result.
Depending on the circumstances, you may also have a claim against property managers, landlords, security officers or agencies, or any commercial tenants who were responsible for maintaining the property where the slip and fall accident took place.
In many cases, the property owner and/or manager will carry liability insurance, which may provide partial or total coverage for your damages.
Occasionally, slip and fall accidents happen as a result of negligence by a third-party individual. For example, depending on the circumstances, an individual who recklessly or knowingly creates a slipping or tripping hazard on someone else’s property might be held liable for the victim’s injuries.
The experienced Omaha slip and fall lawyers at Hauptman, O’Brien, Wolf & Lathrop, P.C. can help you determine which parties might be liable for your injuries and whether there might be insurance coverage for your damages.
What If My Slip & Fall Happened at a Private Residence?
Generally speaking, Nebraska’s premises liability laws apply to private and residential properties, too — including private homes, apartment buildings, condominiums, rental properties, and so on.
If you have been injured while visiting someone’s private residence, you may be able to make a premises liability claim under their homeowner’s insurance policy (or the landlord’s liability insurance policy). Our Omaha slip and fall lawyers can help.
What If the Property Owner Is a Family Member or Close Friend?
Understandably, people who slip and fall at a loved one’s house are sometimes hesitant to take legal action against the property owner. No one wants legal issues to get in the way of an important relationship. But at the same time, a slip and fall accident can leave you with a mountain of medical bills and other expenses — losses you shouldn’t have to cover on your own.
Our office is ready and willing to help you navigate these sensitive situations as delicately as possible. Remember: in many cases, it is the insurance company that may ultimately be responsible for covering your damages, not the homeowner individually. Please never assume that you don’t have options without talking to our personal injury attorneys first.
What If I’m Partially at Fault for My Slip & Fall Accident?
It isn’t uncommon for the defendant in a slip and fall claim to argue that you were at least partially at fault for your injuries. Even if the defendant can prove that to a court’s satisfaction, you may still be able to recover partial compensation for your damages.In shared fault situations, Nebraska follows a rule called comparative negligence. The court will be responsible for determining your percentage of the fault and then reducing your total recovery by that percentage.
If you are found to be 30% at fault, for example, your financial recovery will be reduced by 30%.
But if you are found to be 50% at fault (or more), you won’t be eligible to recover damages at all.
Even if your claim doesn’t go to trial, determining the percentage of fault can become a critical point of contention during negotiations with the insurance company.
It’s important to work with experienced Omaha slip and fall accident lawyers who are prepared to fight aggressively for the smallest possible percentage of fault in your case.
How Long Do I Have to File a Slip & Fall Accident Claim in Nebraska?
Nebraska slip and fall accidents are subject to a strict statute of limitations. This means that if you choose to file a formal claim for civil relief (i.e. a lawsuit), you must do so within a narrow window of time.
Failure to file within the appropriate period of time will prevent you from ever being able to claim compensation in the future.
Generally speaking, the statute of limitations for Nebraska slip and fall accidents is four years from the date of the fall. (Note: this is a longer time window than exists in many other states.)
Calculating the time window isn’t as easy as it might seem. Numerous exceptions, qualifications, limitations, or special circumstances might apply. You may have more or less time to file your claim than you realize.
It is important never to make assumptions. Do not delay. Instead, talk to an attorney as soon as possible. Even if you do have time left to file, personal injury claims take time to research and prepare.
The sooner our Omaha slip and fall lawyers can get involved, the more helpful we can be as advocates for your rights under the law. Please do not accept a settlement offer from the insurance company without first talking to our personal injury attorneys.
What About Trip & Fall Accidents?
Personal injury lawyers sometimes talk about a “slip and fall” and a “trip and fall” as two different types of accidents. Generally speaking, though, the same laws apply whether your accident was caused by a slippery hazard or a tripping hazard. Indeed, trips can sometimes lead to slips and vice versa. It’s even possible to get injured in a slip or trip without actually falling. In any of these situations, you may still have a claim for compensation.
Common trip and fall hazards include:
- Rope or loose wiring
- Products that have fallen from store shelves
- Crowded aisles or walkways
- Loose or uneven bricks/pavers
- Broken sidewalk or pavement
- Broken or defective staircases
- Loose runners or carpeting on staircases
- Steep or uneven steps (or sudden drop-offs in elevation)
- Lack of adequately visible “watch your step” warnings
These are only a few examples. Whether your injuries were caused by a trip, slip, fall, or any other property-related accident, we encourage you to call Hauptman, O’Brien, Wolf & Lathrop, P.C.and talk to one of our Omaha slip and fall accident lawyers as soon as possible.
