Property owners have certain obligations under Iowa law to provide a reasonable standard of safety for visitors. Plaintiffs in property negligence cases must be able to prove four things if they want to receive compensation for injuries. These include the property owner’s duty of care, the defendant’s breach of that duty of care, the amount of damage caused by it, and a cause and effect relationship between the property owner’s negligence and the accident victim’s injuries.
The best way for accident victims to determine whether a property owner can be held liable for the injuries is to consult a premises liability attorney in Des Moines, IA. Accident victims can also take a proactive approach to prepare for their consultations by reading on to find out more about premises liability laws in their state.
Determining Liability
There are many factors that go into determining liability. These include whether the property owner should have been able to foresee the possibility of their guests, known legally as invitees, to suffer harm on their properties, the expected use of the premises, and whether the property has undergone reasonable inspections and repairs. Property owners who are aware of potential dangers on their properties are also obligated to offer invitees reasonable warnings regarding the potential for harm.
Other circumstances that may affect the case include the purpose for which the accident victim entered the premises and the circumstances of that entrance. Generally speaking, the burden of protecting to invitees lies with business owners. However, if the accident victim entered the property without permission, they are considered a trespasser rather than an invitee and is afforded no legal right to protection.
Common Injuries
Slip and fall injuries are by far the most common types of personal injury cases seen by the average premises liability attorney in Des Moines, IA. However, failure to provide adequate security measures, dangerous conditions such as poorly-placed ditches, and failure to provide adequate lighting can also be considered cause for filing a personal injury claim if they lead to a serious injury. Contact us to find out more about what types of cases can be tried under Iowa’s premises liability laws today.
