Slips and Falls
Business owners, landlords and property managers are required to keep their premises safe and free from hazards. When preventative measures aren’t taken, accidents happen, and it can even lead to a serious injury. If you have experienced a traumatic slip and fall recently because of another person’s negligence, then it’s important you get in contact with legal counsel today.
Don’t wait another moment to see if you’re eligible to file a claim for your injuries. You could be entitled to compensation that would cover both your medical costs and suffering that occurred from the accident. With the help of a skilled personal injury attorney, you can recuperate from this incident and hold the negligent party responsible. Start your recovery today by gaining effective and efficient representation from a seasoned attorney.
Premises Liability Attorney for Slip and Falls in Polk County, Iowa
Have you recently fallen and sustained an injury due to hazards on a public premise? If so, then you could be entitled to a monetary award for your damages. Property owners are liable to maintain their space and failure to do so may make them liable to a lawsuit. Failure to do so means they could be liable to a lawsuit.
If you fell due to hazardous conditions, we suggest you call McCarthy & Hamrock, P.C.. Our personal injury attorneys understand how stressful it can be to handle symptoms from an injury, medical bills and a lawsuit all at once. That’s why we want to assist you and do all in our power so you can get the compensation you deserve. Call us now at (515) 279-9700 and set up your first consultation.
McCarthy & Hamrock, P.C. represents people throughout the greater Polk County and Dallas County area including Altoona, Ankeny, West Des Moines, Perry, Miniburn, Polk City and Waukee.
Overview of Slip and Falls in Iowa
- Liability Regarding Slip and Falls in Iowa
- Types of Slip and Falls injuries
- Visitor Status and Slip and Falls
- Damages in a Personal Injury Case
- Additional Resources
Liability Regarding Slip and Falls in Iowa
The state of Iowa holds property owners responsible for maintaining a safe and hazard-free premises. Legally they owe their visitors something known as a “duty of care,” this means they are liable for checking their property so it’s secure and to remove anything that could cause injury. This duty of care can be exercised through regular maintenance and supervision.
Some examples of hazards that could cause a slip and fall include:
- Icy sidewalks;
- Spilled liquids or wet floors;
- Slick material on construct floors;
- Unattached rugs;
- Uneven or cracked pavement;
- Electrical cables across the walkway;
- Broken stairways and railings; and
- Obstructions in passageways or sidewalks
When Iowa property owners fail to uphold this standard of care, they can become liable to a lawsuit if an injury occurs due to their negligence. However, it’s important to understand that a property owner isn’t automatically liable if an injury occurs on the property. They’re only liable if the injury could have been prevented through regular maintenance or a direct warning.
In Iowa, the courts have established several factors that should be considered when determining if a property owner exercised reasonable care. These include:
- The foreseeability of the potential harm;
- Why the person was on the property;
- The time, manner and circumstances that surround the person when they enter;
- How the property was used or is expected to be used;
- Whether a repair, inspection or warning was reasonably given;
- If the property owner had an opportunity to repair or give warning to the danger and how easy it was to conduct the repair and give a warning; and
- The burden on the property owner to provide adequate protection
Many of these factors are hotly contested in a slip and fall case. Certain facts such as if you were a visitor or a trespasser could have a major role in how your slip and fall case works.
Types of Slip and Fall Injuries in Iowa
When someone falls, the injury that may result afterward can vary based on the circumstances. It might lead to a minor contusion or bruise, but it can also cause a person to sustain a traumatic brain or spinal injury. Below are some examples of the different types of injuries you may sustain after slipping and falling on an unsafe premise.
- Brain or had injury;
- Spinal cord injury;
- Broken bones;
- Eye injuries;
- Dislocated shoulder;
- Dental injuries;
- Facial injuries; and
Visitor Status Regarding Slip and Falls in Iowa
A large factor in your slip and fall case will be what type of visitor status you had when you entered the premises. The state of Iowa has three different types of visitor statuses that are all owed different levels of care from the property owner. If you had certain visitor status with little to no duty of care required, it could mean you won’t be given a monetary award.
- Invitee – Individuals invited to the premises such as customers, visitors or patients. Invitees are owed the highest standard of care from property owners;
- Licensee – House guests or people invited onto the premises for business. Licensees receive a mid-level standard of care from property owners; or
- Trespasser – People who are illegal entering or remaining on the property without an initiation or consent from the property owner. Trespassers are given no standard of care from property owners in the state of Iowa.
Damages in a Slip and Fall Case
When you file a claim against someone, then you’re requesting compensation for damages. Damages are essentially any type of suffering you endured since the slip and fall accident. It can include both emotional damages such as pain and suffering as well as financial damages like medical bills or lost income. A judge will determine a monetary award if you win your case based on the number of damages you sustained.
Listed below are some damages you may receive compensation for in a slip and fall case.
- Medical bills;
- Lost wages or income;
- Loss of projected earnings;
- Emotional and psychological distress;
- Pain and suffering;
- Loss of consortium
Statute of Limitations for Slip and Falls – Visit the official website for the Iowa Code to learn more about the statute of limitations for slip and falls. A statute of limitations is essentially a deadline for you to file a claim against the negligent property owner or person who caused your injury. If you don’t file it in time, then you will never be able to file a claim for your injuries. Learn more about Iowa’s statute of limitations for slip and falls and other related information.
Negligence (Retail Compendium of Law): This 12-page summary of Iowa negligence law includes information about general negligence principles and premises liability along with examples of actual negligence cases and damage awards under established Iowa case law.
Personal Injury Lawyer for Slip and Falls in West Des Moines, Iowa
If you have been injured because of another person’s negligence, then it’s imperative you seek a trusted attorney to assist you. A personal injury attorney can assess your case to see if you qualify for compensation. Our suggestion is to go with the skilled and professional attorneys at McCarthy & Hamrock, P.C..
We will seek just compensation for your injuries and help you recover what you have lost. We can negotiate with the insurance company to get the highest settlement offer or go to court if needed. Call us today at (515) 279-9700 to set up your first consultation free. Our lawyers practice throughout the greater Polk County and Dallas County area in Iowa.