Des Moines Premises Liability Lawyers

Building a Case against Negligent Property Owners

Whenever you step into an office building, shopping mall, movie theater, school, or park, you assume you are safe from hazards. The theory of premises liability makes this sense of safety possible. Premises liability refers to the duty of property owners to keep their property in good condition, make necessary repairs, and warn visitors of any dangers. A property owner who does not abide by these obligations may be held financially responsible for damages that result.

Contact us today if you believe you have a premises liability claim. Call (515) 298-5056.

What Is Premises Liability?

Premises liability refers to the legal responsibility a property owner or occupier has for injuries or accidents that occur on their property due to negligence or unsafe conditions. When someone is injured on someone else's property, they may have the right to seek compensation if the property owner failed to maintain a reasonably safe environment.

To prevail on a premises liability claim, you must demonstrate all elements required under Iowa's statutes.

This means you will have to prove that:

• The property owner owed you a duty of care;
• The property owner acted or failed to act in a way that breached the duty of care;
• You sustained an injury as a result of the property owner's act or omission;
• You suffered damages as a direct result of the property owner's breach of duty.

Evidence to prove premises liability claims

Our attorneys collect crucial information to prove each element of a claim. Evidence in your case may include:

• Photographs of the conditions at the time of the incident;
• Eyewitness accounts of people who knew of the dangerous condition;
• Doctors' reports, diagnostic tests, X-rays, and other medical evidence of your injuries;
• Contractors' records describing the repairs made to the premises.

We suggest you seek legal counsel as soon as possible so we can recover evidence before it is destroyed or repaired by the negligent property owner.

Duty of Care Law

The level of care owed to you depends on your relationship to the property and its owner, mainly, whether you were invited and for what purpose. The property owner owes the highest duty to those who are invited onto the property to conduct business. The business must perform regular inspections and can be held liable for dangers that the owner knew or should have known. A host has a slightly lesser obligation to social guests, referred to as licensees on the property for a noncommercial reason.

The lowest-level duty is owed to a trespasser since the person has not been invited onto the property. However, the property owner does have a heightened duty to trespassing children. The owner is obligated to prevent access by children, maintain safe conditions, and warn children of dangers, regardless of whether they have been invited onto the property, particularly if the land contains something enticing, such as a pool, playground, or trampoline.

Even if you went to the property uninvited, you have some rights. Property owners must warn visitors about human-made dangers if they are aware of the visitors' presence. Also, an owner has a heightened obligation to a child, especially if the property contains something likely to entice children, such as a skate ramp or swing set.

Types of Premises Liability Cases

Hope Law Firm helps injured victims across Iowa recover damages from negligent property owners. Our Des Moines premises liability lawyers represent licensees, trespassers, and invitees in cases involving:

• Slip and Falls: These occur when a person slips or trips and is injured due to hazardous conditions like wet floors, uneven surfaces, loose rugs, or poor lighting.
• Trip and Falls: Similar to slip and fall incidents, these occur when someone trips over an obstacle, uneven pavement, or debris on the premises.
• Negligent Security: Property owners may be liable if someone is injured or harmed due to inadequate security measures, leading to incidents like assault, robbery, or other criminal activities.
• Dangerous Conditions: This includes cases where injuries result from poorly maintained premises, such as broken stairs, defective escalators or elevators, or unrepaired structural damage.
• Dog Bites: When a person is bitten or attacked by a dog on someone else's property, the property owner may be held liable for the injuries caused by their pet.
• Inadequate Maintenance: This involves cases where injuries occur due to a property owner's failure to maintain their premises properly, such as not fixing leaks leading to slippery floors, or neglecting repairs that pose risks.
• Inadequate Warning or Hazard Communication: Property owners should warn visitors or tenants about potential dangers on the property, such as warning signs for wet floors or construction zones.
• Elevator and Escalator Accidents: Injuries can occur due to malfunctioning elevators or escalators, such as sudden stops, abrupt movements, or mechanical failures.
• Fires and Burns: Property owners can be held responsible if someone is injured in a fire caused by negligence, lack of proper fire safety measures, or faulty electrical systems.
• Toxic or Hazardous Substances: Exposure to toxic chemicals, mold, lead paint, or other hazardous substances on the property resulting in illness or injury can lead to premises liability claims.

We also represent children who have sustained injuries in accidents:

• Swimming Pools: Accidents in swimming pools involving children often occur due to inadequate fencing or barriers, lack of proper supervision, and failure to meet safety standards. Drownings, slips, and falls around pool areas are common incidents.
• Trampolines: Injuries on trampolines are frequent among children due to falls, collisions, or improper use. Property owners may be liable if they haven't implemented safety measures like safety nets, padding, or if they haven't provided adequate warnings.
• Playgrounds: Children can get injured on playgrounds due to defective equipment, improper maintenance, lack of supervision, or unsafe surfaces like concrete instead of soft padding beneath play structures.
• School or Camp Activities: Injuries during school or camp activities can result from inadequate supervision, lack of proper safety measures during sports, field trips, or recreational activities, leading to incidents like falls, collisions, or other accidents.
• Amusement Parks: Injuries at amusement parks involving children may occur due to malfunctioning rides, lack of proper restraints, or inadequate warnings about potential risks.
• Daycare Centers: Cases may arise if children are injured due to negligence on the part of daycare staff, such as lack of supervision, unsafe conditions, or inadequate safety protocols.
• Sports Facilities: Injuries during sporting events or activities due to inadequate equipment, lack of supervision, or improper training and guidance can lead to premises liability cases.

Our Premises Liability Attorneys Can Help

When working on a premises liability case, we take decisive steps to obtain your rightful settlement efficiently and cost-effectively.

Our team can:

• Investigate the cause of your injury and the at-fault parties;
• Gather and organize strong evidence to support your claim;
• Counter assertions made by the defendant that you contributed to your accident;
• Calculate your damages in consultation with medical professionals, economists, and financial experts;
• Negotiate aggressively and strategically, never settling for less than you deserve.

Our legal team is determined to recover the maximum possible compensation for your injuries.