Des Moines Premises Liability Lawyers
Iowa Premises Liability Attorneys
Injured On Someone Else’s Property in Des Moines, Iowa? Our Des Moines Personal Injury Attorneys Can Help.
The term “premises liability” may conjure images of people being injured by falling down an elevator shaft or having a balcony collapse while they are on it. Other people may think of injuries caused, at least in part, by a facility providing inadequate security while others might think of injuries caused by insufficient lighting. Still others may think of the traditional “slip and fall” or “trip and fall”. Regardless of what school of thought you subscribe to, you are correct!
To our Des Moines personal injury lawyers, premises liability cases are, in short, those in which someone is injured while on someone else’s property – regardless of cause. There are also scenarios in which someone is injured on their own property that might give rise to a premises liability case. Examples of both types of claims are discussed in detail below.
However, before delving further into premises liability cases, a true definition may be helpful:
“Premises” is defined as: a house or building, together with its land and outbuildings, occupied by a business or considered in an official context;
“Liability” is defined as: the state of being responsible for something, especially by law.
Thus, premises liability cases are those cases in which someone is responsible (liable) for someone else’s injuries that were sustained on or at the responsible persons property (premises). The types of facilities where injuries occur is as vast as the types of buildings that exist. Some of the more common businesses that our Des Moines personal injury lawyers have brought claims against include, but are not limited to: hotels, grocery stores, apartment complexes, hospitals, and more. The types of injuries our lawyers have seen are just as wide-ranging and include soft-tissue, brain injuries, wrongful death, Legionnaires disease and nearly everything in between.
In short, if you have been injured on someone else’s property (or your own in some circumstances) in Des Moines or elsewhere in Iowa, you may well have a case that falls under the premises liability umbrella.
Premises Liability Cases
Based on the definition above, it can be safely assumed that the types of premises liability cases are wide-ranging and, unfortunately, quite common. Following is a list of but a few of the premises liability cases that our Des Moines personal injury lawyers have handled along with some commentary regarding the law and similar cases:
Collapsing Condominium Deck
Attorney Chris Johnston represented a man whose second floor deck tore from the side of his condominium while he was standing on it and the nearly twenty foot drop resulted in significant injury.
As with every type of personal injury case, one of the first things that needs to be determined in premises liability cases is who is actually responsible for the negligence that caused injury. What makes condominium injury cases (and some town home cases) different than most other case-types is that the lease or a homeowner’s association agreement often state, in black and white, who is responsible and what the extent of their responsibility is. Often, the “homeowner” is responsible for any and all issues that arise inside their home while the association is responsible for any and all issues that arise outside of the unit.
In this “collapsing deck case”, the condo association, via contract with the unit owner, had agreed that all deck maintenance was its responsibility and, therefore, the personal injury claim was made against the association.
Cases such as the collapsing deck case described above are somewhat unusual in that a homeowner of a single family home maintains responsibility of all areas of his or her property, inside and out, and, therefore cannot make a personal injury claim if they are injured on their own property (aside from a product liability claim or other similar third-party claim). However, in condominium and townhouse personal injury cases, the unit owner may have a personal injury claim against their own association depending on where and how the injury occurred.
Injuries at Des Moines Apartment Complexes
Attorney Chris Johnston has represented many individuals who were injured while living in, or visiting, an apartment complex. Much like condominium cases, renters of apartments, as well as their guests, are often able to make a successful personal injury claim depending on where in the apartment complex the injury occurred.
The general rule is, if someone is injured in a “common area” of the complex, the claim is made against the owner / operator / manager of the complex. A “common area” is that area which is made available for all renters of the complex and the landowner maintains control. Stairwells, lobby areas, elevators, and parking lots are all examples of common areas. If someone is injured inside an individual unit, the claim is usually made directly against the tenant.
Broken hand railing causing injury
A recent client of our personal injury firm was injured while descending the stairs to her basement level apartment. As she applied weight to the hand railing, the rail swung away from her as a result of missing bolts at the base of the railing. This movement caused the client to fall and suffer a serious injury. Although the client lived in the complex where the incident occurred, it happened in a common area and, thus, the landlord was liable for negligently maintaining the hand rail.
Ripped carpet causing injury
Another past client of our law firm was injured while visiting a friend at an apartment. In that case, there was a tear in the hallway carpet and the hall lights were not working. The client tripped over the torn carpet and fell. The building owner was liable for both the ripped carpet and the insufficient lighting which both contributed to the client’s fall and subsequent injuries.
Insufficient lighting resulting in injury
Still another client of Mr. Johnston was sexually assaulted outside of her garage which was provided and maintained by the owner of her apartment complex. Mr. Johnston sued the building owner and, during the process, discovered that the large parking lot lights as well as the smaller garage mounted lights were not working during the months leading up to the attack. With this information, the insurance company for the building owner paid to settle the case rather than continue the fight.
Collapsing tree house causing injury
Mr. Johnston successfully represented a young lady who was playing in a neighbor’s tree-house. As she played, the bottom of the tree-house tore from one of the trees to which it was secured causing the young lady to plummet approximately thirty feet to the ground. Upon landing, the client suffered a severely broken back.
A premises liability claim was made against the homeowner and the case was ultimately settled without having to go to court.
Falling tree kills man
One of the more unique premises liability cases that attorney Chris Johnston has encountered involved a tree-trimmer, a landowner, and an innocent bystander who was killed by a falling tree. In this case, a homeowner asked a friend to fell a tree for him as the friend was a professional arborist. The friend agreed to do the job for free and plans were made and a date set.
On the selected date, the friend arrived to fell the tree and he was using his employer’s equipment to do the job. As the arborist began to work, the homeowner’s neighbor came over to see what was occurring. As the homeowner and neighbor talked, the arborist continued to work and cut the top off the tree but failed to secure it with rope to another section of tree. The treetop fell and struck the neighbor killing him instantly.
There was extensive debate on who was responsible for this tragedy. The homeowner’s insurance company blamed the arborist, the arborist’s insurance company denied and argued that the arborist was not technically “working” at the time of the fatality and they blamed the homeowners. And, the homeowner and arborist both blamed the decedent.
Ultimately, with these specific facts, it was determined that the homeowner was responsible for this premises liability case.
Elevator causing injury
Mr. Johnston also represented an elderly man who was injured when he stepped into an open elevator only to discover that the car itself had stopped approximately eight inches lower than it should have. This difference in floor height caused the man to fall into the elevator car and suffer a significant personal injury.
Due, in part, to the fact that this particular elevator had frequent service calls made for the exact issue caused both the building owner and the elevator repair company to quickly resolve this premises liability case.
Contact a Des Moines Premises Liability Attorney
Our Des Moines, Iowa personal injury attorneys have extensive experience handling many different types of premises liability cases and, as always, are happy to review the facts of your particular case and discuss your options and rights. Email or call us today at 515-495-6316 for an absolutely free consultation. Should you choose to hire our personal injury firm, you will never pay us a penny until we make a recovery for you and our fee is then a percentage of your recovery.
Iowa Premises Liability FAQ
Property owners have a legal duty to maintain safe conditions for people who enter their premises. Whether visiting a retail store, dining at a restaurant, staying at a hotel, or walking through a parking lot, you shouldn’t have to worry about hidden hazards causing serious injuries. Wet floors without warning signs, broken stairs, inadequate lighting, falling merchandise, and neglected maintenance create preventable dangers that harm unsuspecting visitors daily. When property owners prioritize cost-cutting over safety or simply ignore obvious hazards, innocent people suffer painful injuries and financial losses. At Law Group of Iowa, we hold negligent property owners accountable for dangerous conditions that cause harm to lawful visitors who deserved safe premises.
Who Can Be Held Liable For Property Hazards?
Property owners bear primary responsibility for maintaining safe conditions and warning visitors about known dangers. Business owners operating retail stores, restaurants, hotels, and commercial establishments must address hazards promptly. Landlords who fail to maintain rental properties face liability when tenants or guests suffer injuries. Property management companies responsible for day-to-day operations and maintenance can be held accountable. Contractors whose work creates temporary hazards without adequate warnings may share responsibility. Government entities that own public buildings, parks, or sidewalks face claims when dangerous conditions cause injuries. Homeowners association responsible for common areas must maintain safe conditions for residents. We investigate to identify all parties who controlled the property and failed to address hazardous conditions.
What Types Of Hazardous Conditions Cause Injuries?
Slip and fall accidents result from wet floors, spilled liquids, uneven surfaces, torn carpeting, and freshly waxed floors without warnings. Trip and fall incidents occur due to broken sidewalks, potholes, unmarked steps, extension cords, and debris in walkways. Inadequate lighting in stairwells, parking lots, and hallways prevents visitors from seeing hazards. Falling merchandise from improperly stacked displays or overloaded shelves strikes customers. Broken handrails and defective stairs cause falls from elevated surfaces. Swimming pool accidents happen when proper fencing, warnings, or supervision are absent. Negligent security allows criminal attacks in areas with known crime problems. Structural defects including collapsing ceilings, balconies, or floors cause catastrophic injuries. Toxic exposure from mold, chemical spills, or poor ventilation creates health problems.
Why Must Property Owners Address Known Hazards?
Iowa law requires property owners to exercise reasonable care to keep premises safe for lawful visitors. When owners know or should know about dangerous conditions, they must either fix the hazard or provide adequate warnings. The knowledge requirement means owners cannot ignore obvious problems or claim ignorance when hazards exist long enough that inspections would have discovered them. Constructive knowledge applies when hazards exist for sufficient time that reasonable inspection would have revealed them. We establish knowledge by showing how long conditions existed, whether employees walked past hazards, or if previous incidents occurred in the same location.
How Do Visitor Classifications Affect Claims?
Invitees including customers, clients, and business visitors receive the highest duty of care from property owners. Owners must inspect for hazards, maintain safe conditions, and warn about known dangers. Licensees who enter property with permission for their own purposes receive warnings about known hazards but owners have no duty to inspect. Social guests typically fall into this category. Trespassers generally cannot recover for injuries except in limited circumstances involving children or known frequent trespassers. Most premises liability cases involve invitees who entered property for purposes benefiting the owner. We establish your visitor status to determine what duty the property owner owed you.
What Evidence Proves Negligent Property Maintenance?
Photographs documenting hazardous conditions, lighting levels, warning sign absence, and accident scenes preserve crucial evidence. Incident reports filed with property owners or managers create written records of what happened. Surveillance video from security cameras may capture the accident and show how long hazards existed. Witness statements from people who saw the accident or noticed hazards before your injury provide supporting testimony. Maintenance logs and inspection records reveal whether owners properly monitored property conditions. Prior accident reports at the same location demonstrate knowledge of recurring problems. Weather reports establish conditions for outdoor slip and falls. Building code violations prove owners failed to meet safety standards. We gather this evidence quickly before property owners fix hazards and eliminate proof of dangerous conditions.
How Do Property Owners Defend Against Claims?
Insurance companies and defense lawyers employ various tactics to deny premises liability claims. They argue that hazards were open and obvious, claiming you should have seen and avoided the danger. Some suggest you were distracted and not watching where you walked. Defense teams claim hazards existed for only moments before your accident, arguing they had no opportunity to discover and address the problem. Comparative fault arguments allege you contributed to your own injuries through carelessness. Property owners may produce maintenance logs claiming regular inspections occurred despite hazards being present. They dispute injury severity or claim pre-existing conditions caused your current problems. We counter these defenses with evidence establishing owner knowledge, duty violations, and causation.
What Damages Do Premises Liability Victims Recover?
Medical expenses include emergency treatment, hospitalization, surgery, rehabilitation, physical therapy, and ongoing care for injuries. Future medical costs address long-term treatment needs when injuries cause lasting problems. Lost wages cover immediate time away from work during recovery. Reduced earning capacity applies when permanent limitations prevent returning to previous employment. Pain and suffering damages compensate for physical discomfort, emotional distress, and reduced quality of life. Permanent disability, scarring, or mobility limitations warrant additional compensation. Assistive devices and home modifications become necessary when injuries cause lasting impairments. We calculate all economic and non-economic losses to pursue comprehensive compensation reflecting the full impact of preventable injuries.
What Should You Do After Property Accidents?
Seek immediate medical attention for all injuries, creating documentation connecting the accident to your medical treatment. Report the incident to property owners or managers and request they document what happened. Photograph hazardous conditions, surrounding areas, lighting, and absence of warnings from multiple angles. Collect contact information from witnesses who saw the accident or noticed hazards. Keep shoes and clothing worn during the accident as evidence. Document how the property looked when you arrived and after your fall. Preserve receipts, invoices, and records of all expenses related to your injuries. Avoid signing releases or providing recorded statements to insurance adjusters before speaking with us.
Property owners who create or ignore dangerous conditions should answer for injuries they cause to lawful visitors. A premises liability lawyer Iowa residents trust can investigate your accident, gather evidence of hazardous conditions, and pursue compensation for your medical bills, lost income, and pain. We understand property owner duties and the tactics they use to avoid responsibility for preventable accidents. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Contact us today to discuss your property accident and learn how we can help you hold negligent owners accountable.
Client Review
“Highly recommend Chris Johnston! Was easy to work with, straight forward, capable to take on any challenge, and an excellent communicator!”
Wendy L.
