Nebraska law requires property owners and managers to maintain the safety of their premises to prevent injuries to people lawfully present. When owners fail to keep their property reasonably safe or warn visitors, patrons, or others of known hazards, they could face legal responsibility for the resulting accidents and injuries.
Slips and falls (and trips and falls) are the most common and well-known types of premises liability incidents. They’re also some of the most challenging to litigate, as the defense often tries to shift blame to the injured plaintiff, questioning whether they were appropriately cautious and attentive and even what kind of shoes they were wearing.
At The Law Office of Matthew A. Lathrop, our experienced Omaha premises liability lawyer worked tirelessly to overcome these obstacles in the case of a local food truck business owner when a sidewalk slip and fall resulted in a major injury that interfered with her work. Keep reading to learn how Matt and his team dug deeper, uncovering evidence that led to a sizable settlement for our client.
The Accident
Our client and her husband own a local food truck business. She handles the company's bookkeeping and works on the truck as needed.
On the day of the incident, she took her car for an oil change, dropping it off with a mechanic at a shop in a newer part of town. It was a beautiful summer morning, and she had planned to walk the short distance back to her apartment.
While walking home, our client came to a section of sidewalk that appeared wet, as if the sprinklers had recently run. However, with the sprinklers off, she thought nothing of walking on it.
Unfortunately, the sidewalk was slippery, which caused our client to fall and break her wrist. The fracture was significant, requiring her to undergo surgery to repair both bones in her right wrist joint.
She contacted our Nebraska law firm for help exploring her rights and options for recovery.
The Investigation
During her first meeting with Matt, the client showed him a photo she’d taken of the sidewalk when she got out of the hospital. The sidewalk wasn’t wet in the photo, but it had a large stain. He decided to drive by and take a look.
While inspecting the scene, Matt noted that the landscaping caused water to drain to a corner and collect in a marshy pool that spilled across the sidewalk. But he didn’t stop there. Matt called the city planning office for information on the development’s original grading permits and plans and to ask about any previous complaints. He also consulted Google Earth, reviewing years of photos of the intersection where our client slipped.
Matt’s deep-dive investigation uncovered the evidence needed to ensure a swift resolution. After sifting through seven years of photos, he could show that the stain was a long-time hazard and one the property owner created when they landscaped the area with marsh grasses to address soil erosion six years earlier.
The Resolution
We sent the property owner a demand letter with our client’s medical bills, medical records, doctors’ reports, and photos of the property over time. Despite previously blaming our client for her injuries, the property owner quickly agreed to settle for $100,000. This was a very fair recovery and more than would have been possible had they approached the case as a traditional slip and fall and failed to investigate thoroughly.
Helping Clients Fight for the Justice and Compensation They Deserve
The Law Office of Matthew A. Lathrop works diligently to help clients injured by another party’s negligence. If you were injured on someone else’s property, our skilled Nebraska premises liability lawyer can help you explore your rights and options for recovery. Complete the contact form to request a free initial consultation. Based in Omaha, we serve clients throughout Nebraska and Iowa.
