What to Do After a Slip and Fall Accident in Nebraska
If you've been injured in a slip and fall accident in Nebraska, you have the right to pursue compensation from the property owner responsible for the dangerous condition. An attorney can explain your legal options and help you take the appropriate next steps.
Report the Accident Before You Leave the Scene
The first thing to do after a slip and fall is report the incident to whoever is responsible for the property. In a retail store along Omaha's 72nd Street commercial strip, that means a store manager. At a Papillion apartment complex, it means the property manager or landlord. At a business in Bellevue, Nebraska, it means the owner or their representative on site. Ask for a written incident report and keep a copy for yourself.
Reporting immediately creates a record showing exactly when and where the fall occurred. Without that report, property owners and their insurers may later claim the fall never happened or occurred somewhere else entirely. Verbal reports can be denied; a written, signed record cannot.
Document the Hazard That Caused Your Fall
After reporting, document the dangerous condition that caused your fall before it can be cleaned up or repaired. Use your phone to photograph the hazard, whether it was a wet floor, cracked sidewalk, torn carpeting, uneven pavement, or unmarked ice on a Dodge Street parking lot. Take photos from multiple angles and include something in the frame that shows scale.
Note the time of day, lighting conditions, whether warning signs were posted, and what footwear you were wearing. If other people saw you fall, collect their names and contact information. Witness statements can be critical evidence in a Douglas County District Court proceeding.
Seek Medical Attention Right Away
Even if your injuries feel minor immediately after a fall, see a doctor the same day or the next morning. Some injuries, including concussions and soft tissue damage, do not show full symptoms for hours or days. A medical record made close in time to the accident is far more valuable to your claim than one made a week later.
Tell your treating physician exactly what happened, where you fell, and every part of your body that was impacted. Follow all treatment instructions and keep records of every medical appointment, prescription, and therapy session. These documents establish both the nature of your injuries and the care you needed.
Preserve All Evidence Related to the Fall
Property owners and their insurers begin investigating a slip and fall as soon as they learn of it. You should do the same. Preserve the shoes and clothing you were wearing. Do not wash them. Photograph your injuries as soon as possible and continue photographing them as bruising and swelling develop over the days that follow.
If the fall occurred at a business, ask whether surveillance cameras captured the incident. Video footage is often overwritten within 24 to 72 hours if no one requests that it be preserved. Your Nebraska slip & fall attorney can send a litigation hold letter demanding that footage be preserved before it is deleted.
Understand Nebraska's Property Owner Duty of Care
Nebraska premises liability law requires property owners to keep their property reasonably safe. Since Heins v. Webster County, 250 Neb. 750 (1996), Nebraska no longer divides visitors into invitees and licensees. A property owner owes a single duty of reasonable care to all lawful visitors, which includes customers, tenants, apartment guests, and social visitors alike. That duty covers inspecting for hazards, correcting them, or warning visitors about dangers they cannot reasonably discover on their own.
The standard is reasonableness, not perfection, and notice is usually the deciding issue. A spill that occurred seconds before you fell is a harder case than a leak that had been dripping for hours with no warning sign placed. Whether the owner created the hazard, how long it existed, whether inspection logs or prior complaints show the owner knew or should have known about it, and the age and condition of the premises all factor into whether they breached their duty of care.
How Nebraska's Comparative Negligence Law Affects Your Claim
Nebraska follows a modified comparative negligence rule under Neb. Rev. Stat. § 25-21,185.09. If a court finds you were partially at fault for your fall, your compensation is reduced by your percentage of fault. If you are found 50% or more at fault, Nebraska law bars any recovery.
This standard means property owners and insurers will look for ways to argue that you were distracted, ignored a warning, or were wearing inappropriate footwear. The stronger your initial documentation, the harder it is for the defense to assign you a significant portion of fault.
When to Contact a Nebraska Slip and Fall Attorney
Nebraska’s statute of limitations for premises liability claims is four years under Neb. Rev. Stat. § 25-207, but a wrongful death claim allows only two years under Neb. Rev. Stat. § 30-810. If your fall occurred on city, county, or school district property, such as a sidewalk or public school in Douglas or Sarpy County, you must file a written notice of claim within one year and suit within two years under Neb. Rev. Stat. § 13-919. Missing that deadline can extinguish your right to compensation entirely.
Contact a
Nebraska slip & fall attorney as soon as possible. The earlier an attorney can investigate the scene, demand surveillance footage, and identify witnesses, the stronger your case will be. Evidence disappears quickly. An attorney can also deal with the property owner's insurer directly so you can focus on recovering.
FAQ: Slip and Fall Accidents in Nebraska
Can I sue if I fell in a parking lot in Omaha?
Often, yes. Nebraska property owners must use reasonable care to keep parking lots safe, though ice and snow cases depend on whether the owner had a reasonable chance to address the hazard.
Does it matter if there was a wet floor sign?
It can reduce or shift liability, but a warning sign does not automatically eliminate the property owner's responsibility, particularly if the hazard was unreasonably large or had existed for an extended period.
What if I was partly at fault for my fall?
You may still recover compensation in Nebraska as long as your share of fault is below 50%. Your compensation will be reduced by your percentage of fault.
How long do I have to file a slip and fall lawsuit in Nebraska?
Generally four years from the date of the fall under Neb. Rev. Stat. § 25-207, but wrongful death claims allow two years and government property claims require notice within one year. Speak with an attorney about your specific situation.
What damages can I claim after a slip and fall?
You may be able to recover medical expenses, lost wages, loss of earning capacity, pain and suffering, and other damages depending on the circumstances of your case.
Do I need a lawyer for a slip and fall claim?
You are not required to hire an attorney, but property owners and their insurers have experienced claims adjusters and defense counsel. An attorney can help level the playing field and identify the full extent of your damages.
What if the property owner says the fall was my fault?
Nebraska's comparative negligence law means you may still have a valid claim even if you share some responsibility. Contact an attorney to evaluate the facts before accepting any statement from an insurer.
Speak With a Nebraska Personal Injury Attorney
If you or someone you love was injured in a fall on someone else’s property in Omaha, Bellevue, Papillion, or elsewhere in Douglas or Sarpy County, help is available. Contact Harris & Associates, P.C., L.L.O. at (402) 397-1202 for a free consultation with a
Nebraska personal injury attorney.
Last reviewed: August 2026
This post was reviewed by James E. Harris, licensed in Nebraska since 1986.
This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you have been injured, contact a licensed Nebraska attorney to discuss your specific situation.
| Hazard Type | Common Locations in the Omaha Area | Key Evidence to Gather |
|---|---|---|
| Wet floors | Grocery stores, restaurants, 72nd Street retail | Incident report, photos, lack of signage |
| Ice and snow | Parking lots, Bellevue and Papillion sidewalks | Photos with timestamp, weather records |
| Uneven pavement | Dodge Street corridor, apartment walkways | Photos, prior complaint records |
| Torn carpeting | Office buildings, hotels | Photos, maintenance logs |
| Poor lighting | Parking garages, stairwells | Photos, light bulb maintenance records |
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