If you have suffered a slip and fall accident in Nebraska, proving negligence will be the most essential step in pursuing your personal injury claim. Unfortunately, you’re not entitled to compensation solely because of a slip and fall on another person or company’s property. Instead, you must prove that the person or company was “negligent” or failed to provide “reasonable care” according to Nebraska law. To ensure someone is held liable for your slip and fall accident, we’ve outlined how negligence is established under Nebraska law, what evidence you should compile for your case, and the factors contributing to slip and fall compensation below.
Proving Negligence in Nebraska
Nebraska law outlines a four-step process for proving negligence in a personal injury claim. To establish negligence and succeed in your personal injury claim, you must be able to prove the following:
- A duty was owed to you by the person who caused your injury.
- The person or company failed to carry out the duty owed to you.
- The person or company’s failure to complete their duty resulted in your injury.
- You suffered damages as a result of their failed duty and your following injury.
Let’s explore an example to further understand this process.
Sally was grocery shopping for her family’s dinner. While collecting her bags from the checkout, she slipped and fell on a puddle of spilled orange juice and broke her hip. For Sally’s personal injury claim to be successful, she would need to prove that:
- It was the store’s duty to her, as a customer, to maintain a safe, hazard-free environment.
- The store failed to clear the floor of hazards (like spilled juice).
- She fell due to slipping on the spilled juice.
- She sustained damages (medical bills, lost wages, pain and suffering, etc.) resulting from the fall.
You must be able to prove all four parts of this process to establish negligence in your slip and fall claim.
Necessary Evidence for Slip and Fall Claims
Compiling evidence is necessary to prove negligence. As you pursue the personal injury claim process, you should gather and document as much evidence as possible. After your fall, if you’re capable, try to:
- Take pictures or videos of the dangerous conditions on the property and write down contact information for any eyewitnesses.
- File a slip and fall incident report with the property owner or manager and obtain it for your records.
- Keep track of the medical records and bills you receive while treating your slip-and-fall-related injury.
If you did not take pictures the day of your fall, reach out to surrounding businesses for pictures or video footage of the property on the day you fell. Your attorney may also help you obtain the property owner’s video footage from the time of your fall.
Any evidence pertaining to proof of negligence should be compiled and shared with your attorney.
Slip and Fall Compensation
What is the average slip and fall settlement amount? First, you must be able to prove negligence to receive compensation for your slip and fall injury. Then, you may be entitled to both economic and non-economic damages. As with any personal injury case, your potential slip and fall compensation amount is variable and dependent upon many claim-specific factors. We always recommend consulting an experienced personal injury attorney to discuss the likelihood of proving negligence in your case and whether you may receive compensation for your fall claim.
If you have suffered a slip and fall accident and believe you can prove negligence, call (402) 393-7529 for your free consultation. To learn more about Dyer Law’s approach to personal injury law, visit https://dyer.law/practice-areas/personal-injury/.