When is a person who was hurt on someone else’s property in Iowa most likely to receive compensation?

Iowa City, IA – Property owners have a responsibility to keep areas safe for guests and others who enter their land or buildings. This usually includes things like cleaning, maintenance, restricting access to areas that may be dangerous, and complying with building codes and regulations. When the building’s ownership or management fails to take the necessary precautions to prevent injuries, they may be served with a premises liability lawsuit by the victim’s attorney. The victim is most likely to win the case or receive a settlement if it is obvious that the owner failed to fix known problems or neglected their general duties to keep areas clear for expected guests. Specific advice should always be obtained from a licensed attorney before filing a lawsuit.

The duty of care

One of the most important aspects of any injury lawsuit is to establish a relevant duty of care, then show that the defendant did not live up to this standard. The victim will have to collect evidence and information about the property to show how it should be maintained. For example, a retail store or grocery store would be expected to have guests walking through and looking at items for purchase. Therefore, it would be reasonable to impose a legal duty on the store’s management to make sure guests do not get hurt during these expected activities. All property owners have a similar responsibility to fix known hazards, perform basic maintenance, and regularly inspect open areas.

Breaching the duty of care

The victim will also need to show how the property owner deviated from the relevant standard of care. The most common way that this happens is when there is some kind of obstacle or debris, the owner is given notice, yet they fail to remedy the situation and make the area safe. Conversely, if the problem was created by an unknown person or guest, and the owner did not have time to fix the problem, it can be difficult to say that this was a breach of the duty of care because they likely did not have notice or knowledge of the problem.

Damages available to victims

Damages in all kinds of civil injury cases tend to reflect the defendant’s actual injuries and costs of treatment. Defendants normally have to pay for things like medical care, lost wages and income, as well as non-economic damages for the victim’s physical pain and other forms of trauma.

Assistance after any kind of injury

Eells and Tronvold Law Offices is a firm in Iowa that helps injured people receive compensation. Their attorneys focus their efforts on helping local clients who need compensation through a civil lawsuit.

Firm contact info:

Eells and Tronvold Law Offices

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

319-393-1020