What factors determine whether a property owner must pay for injuries in Iowa?

Iowa City, IA – All property owners and especially businesses that expect guests have a duty to keep these areas safe. There is the possibility of a civil lawsuit related to premises liability if a person is injured on the property. All states have specific laws related to premises liability, and Iowa’s Supreme Court established a number of factors that need to be examined to determine whether the property owner exercised reasonable care or not, and if the plaintiff will be successful in their lawsuit. 

Factors given by the court

The first factor in looking at the owner’s level of care is whether the harm was foreseeable. This means that obvious, known conditions that are likely to cause injuries while someone is on the property should be fixed or there should be restricted access. 

Another factor is the reason that the person entered the property. Someone who has legitimately entered the property for business or other expected purposes should remain safe while present. 

The owner should be mindful of various kinds of inspections and repairs as well. A property owner may be considered negligent if they fail to make repairs, inspect the property, and generally keep it in a safe condition. If there are conditions that cannot be fixed, adequate warnings should be posted to warn people in the area. 

The burden on the property owner to fix these issues is an important factor as well. Something that is easily corrected should not be left as a possible hazard, while more extensive renovations or repairs may not be able to be made immediately.

If the person is a trespasser, there is no obligation to exercise care to them from the landowner in Iowa law. However, landowners cannot intentionally harm discovered trespassers.  

Negligence lawsuits

All of these factors are meant to establish whether there was a breach of the relevant duty of care placed on a landowner, which is only one element of negligence. The other elements of negligence include establishing the relevant duty of care, causation, and damages. 

The main advantage of bringing a negligence case after any kind of accident, is that there can be a summary of damages. This means that the defendant will have to end up paying for the plaintiff’s losses such as medical treatment costs and lost wages if the lawsuit is successful. This is usually done through a settlement. 

Help from licensed lawyers in Iowa

Eells and Tronvold Law Offices assists people with civil lawsuits in the state of Iowa. Anyone who needs compensation after an injury can contact their attorneys and schedule a consultation to learn more. 

Firm contact info:

Eells and Tronvold Law Offices

1921 51st Street NE, Cedar Rapids, IA 52402-2400

319-393-1020

www.eellsandtronvold.com