When you visit a business, a friend’s home, or a public space, you expect to be safe from harm. However, unsafe conditions on someone else’s property can lead to serious accidents and injuries. If you’ve been injured on someone else’s property in Omaha, Nebraska, you may have a legal claim under premises liability law. At VandenBosch Law, LLC, we are dedicated to helping victims of hazardous conditions understand their rights and pursue compensation for their injuries.



What Is Premises Liability?

Premises liability is a legal principle that holds property owners and occupiers responsible for maintaining a safe environment. When they fail to do so and someone gets hurt as a result, they may be held liable for the victim’s injuries. Premises liability claims can arise from a variety of dangerous conditions, including:

• Slip and Fall Accidents – Caused by wet floors, uneven surfaces, loose carpeting, or icy walkways.
• Inadequate Security – Leading to injuries from assaults or other crimes in poorly secured areas, such as parking lots or apartment complexes.
• Dog Bites and Animal Attacks – When property owners fail to control or restrain their pets, resulting in injury to visitors.
• Swimming Pool Accidents – Occurring due to lack of fencing, signage, or proper supervision.
• Falling Objects – Injuries from objects falling off shelves or from above in stores or construction sites.
• Structural Hazards – Such as broken stairs, faulty railings, or other unsafe conditions in buildings.

Key Elements of a Premises Liability Claim

To successfully pursue a premises liability claim in Nebraska, certain elements must be established:

1. Duty of Care – The property owner or occupier had a duty to ensure the property was reasonably safe for visitors. The level of duty depends on the status of the visitor:

• Invitees – People invited onto the property for business purposes (e.g., customers in a store) are owed the highest duty of care. Property owners must regularly inspect the property and fix or warn of any hazards.
• Licensees – Social guests or individuals on the property with permission but for non-business purposes are owed a moderate duty of care. Property owners must warn licensees of known dangers.
• Trespassers – People who enter the property without permission are generally owed a minimal duty of care, though there are exceptions, especially when it comes to child trespassers.

1. Breach of Duty – The property owner or occupier failed to maintain a safe environment or did not provide adequate warnings about known hazards.
2. Causation – The breach of duty directly caused the injury. It must be shown that the unsafe condition was the proximate cause of the accident.
3. Damages – The injured party suffered actual harm, such as medical expenses, lost income, or pain and suffering.

Common Defenses in Premises Liability Cases

Property owners often raise defenses to avoid liability, such as:

• Comparative Negligence – Nebraska follows a comparative negligence rule, which means that if the injured person is found partially responsible for the accident, their compensation may be reduced proportionally. If the injured party is found to be more than 50% responsible, they may be barred from recovery.
• Open and Obvious Doctrine – The property owner may argue that the hazard was so apparent that the injured person should have avoided it.
• Lack of Notice – The owner may claim that they did not know about the hazard and did not have sufficient time to fix it.

Steps to Take After an Accident on Someone Else’s Property

If you are injured due to hazardous conditions on someone else’s property, it’s important to take the following steps to protect your rights:

1. Seek Medical Attention – Your health and safety are the top priority. Get medical treatment immediately, even if the injuries seem minor.
2. Document the Scene – Take photos or videos of the hazardous condition that caused your injury, as well as the surrounding area.
3. Report the Incident – Notify the property owner or manager about the accident and request a written incident report if possible.
4. Collect Witness Information – If there were any witnesses to the accident, get their contact details.
5. Contact a Premises Liability Attorney – An experienced attorney can help you navigate the legal process, gather evidence, and advocate for your rights.

How VandenBosch Law, LLC Can Help

At VandenBosch Law, LLC, we understand that premises liability cases can be complicated, and property owners often have legal teams working to minimize their responsibility. Our attorneys are here to level the playing field and help you build a strong case. Here’s what we offer:

• Thorough Investigation – We gather evidence, review medical records, and consult with experts to support your claim.
• Personalized Legal Strategy – Every case is unique, and we tailor our approach to meet your specific needs and goals.
• Aggressive Negotiation – We negotiate with insurance companies to seek fair compensation for your medical bills, lost wages, pain and suffering, and other damages.
• Court Representation – If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your rights.

Get the Help You Need Today

If you’ve been injured due to unsafe conditions on someone else’s property in Omaha, NE, you may be entitled to compensation. At VandenBosch Law, LLC, we are committed to helping you understand your rights and seek the justice you deserve. Contact us today for a consultation to discuss your case and learn how we can help you.