Our Des Moines Attorneys Are Experienced in Proving Premises Liability

Elements and evidence of a premises liability claim

Property owners owe you a duty of care to keep property in good repair and to warn you of any dangers. If you are injured because an owner does not comply, you may have a valid claim for premises liability.

The Hope Law Firm, PLC represents victims of slips, trips, falls, negligent security and other premises liability incidents. Our team handles cases in Des Moines, West Des Moines and surrounding Iowa communities. We can assist you in pursuing compensation for your injuries.

Elements of a premises liability claim

The basic elements of all premises liability claims are:

• The landowner owed the victim a duty of care.
• The landowner breached the duty of care.
• The victim was injured as a result of the breach.
• The victim sustained damages as a proximate cause of the breach.

To prevail in your premises liability claim, you must prove each element of the cause of action as it pertains to your relationship with the property owner.

Levels of duty

The landowner’s responsibility depends on what purpose you had for being on the property and whether you were invited. A commercial property owner who invites you onto the premises to conduct business owes you the highest level of care. You need only show that the commercial property owner knew or should have known about the dangerous condition and failed to warn you or to make prompt repairs. For example, you might show that the owner failed to discover the problem in a timely manner because of a failure to regularly inspect the premises.

A social host who invites you to a noncommercial event or party or to a residential home owes you a slightly lesser duty than a commercial property owner. A property owner may not be accountable for injuries caused by hidden defects.

Even if you went to the property uninvited, you have some rights. Property owners must warn visitors about man-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 that is likely to entice children, such as a skate ramp or swing set.

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.