If you own any property, it makes sense that you’d want to keep it as safe as possible for both yourself and visitors. Property owners are legally responsible for providing safe premises to protect visitors from injury or wrongful death. This concept might seem obvious, but it actually is the foundation of Iowa premises liability law. If you are injured on someone else’s property due to their negligence or recklessness, you might have the legal right to file a personal injury claim and obtain compensation.
In this blog, the Iowa personal injury attorneys at Winstein, Kavensky & Cunningham explain Iowa premises liability law and offer tips for property owners and visitors to prevent injuries on their property and when lawfully visiting another’s property.
Premises Liability Law Explained
Premises liability is a legal concept that holds property owners accountable for keeping their spaces safe for visitors. If a visitor gets hurt because the owner neglected to fix a hazard, the owner might be liable for damages.
Some common types of premises liability claims include:
- Slip and fall accidents are one of the most common types of premises liability claims. Slip and fall accidents often occur due to wet floors, cracked pavement, faulty stairs, and broken handrails.
- Negligent security: If a property owner does not provide proper security measures, such as access control systems, alarms, and surveillance cameras, and you are a victim of assault, theft, or other crime, the owner may be liable.
- Dog bites: Owners must take reasonable precautions to prevent their dogs from harming others. Should a dog bite occur on another individual’s property, the owner may be deemed liable for the resulting injuries. However, Iowa Code § 351.28 outlines two exceptions:
- Trespassers injured by the dog.
- Damages caused by a rabid dog unless the owner knew or should have known the dog was rabid and failed to take reasonable steps to prevent the injury.
- Swimming pool accidents: Those with swimming pools must take precautions to ensure their pool is safely maintained for visitors and not accessible to uninvited guests.
- Inadequate maintenance: Property in disarray can often lead to injuries due to poor lighting, faulty electrical wiring, crumbling infrastructure, mold exposure, and more.
Elements of Iowa Premises Liability Law
In Iowa, property owners are legally obligated to maintain a reasonably safe environment for visitors. This obligation is known as a duty of care. However, determining liability in an Iowa premises liability case depends on the circumstances of the visit and the visitor’s legal status.
Unlike many states, Iowa doesn’t categorize visitors based on their reason for visiting. In 2009, the Iowa Supreme Court abolished the distinction between invitees (typically people with permission, like guests in a store) and licensees (those with limited permission, like social guests).
Now, Iowa premises liability law requires property owners to exercise “reasonable care” to keep their premises safe for lawful visitors. This means property owners should take steps to prevent foreseeable dangers or warn visitors about them. If property owners fail to do this, they can be held liable for injuries caused by known dangers they didn’t address (fix or warn about) for lawful visitors.
The factors considered in determining reasonable care include:
- Could the danger have been anticipated?
- Why were you on the property?
- How did you enter the property?
- What is the typical use of the property?
- Could the danger have been easily fixed, or a warning provided?
- How much of a burden would repairing the danger or providing a warning be on the landowner?
Iowa premises liability law differs from other states when it comes to the liability of landowners and occupants to trespassers. According to Iowa Code § 462.1, “owner, lessee, or other lawful occupant, owes no duty of care to a trespasser.” However, there are several exceptions, including:
- Willful or wanton injury: Landowners cannot intentionally or recklessly injure trespassers.
- Known trespasser: Once a landowner becomes aware of a trespasser’s presence on their property, they are responsible for taking reasonable steps to avoid injuring the trespasser.
- Attractive nuisance: The doctrine of attractive nuisance applies when a landowner maintains a dangerous artificial condition on their property that is likely to attract children. In such cases, the landowner may be held liable for injuries to trespassing children.
Note that Iowa follows a modified comparative negligence rule in personal injury cases. This means the amount of compensation an injured party receives can be reduced based on their share of fault for the accident.
How to Prevent Iowa Premises Liability Lawsuits
Property owners and visitors can prevent Iowa premises liability lawsuits by working together. Here are some key actions each group can take:
Property Owners
- Regularly check your property for potential dangers like uneven surfaces.
- If a hazard can’t be fixed immediately, warn visitors with signs, barriers, or by speaking to visitors directly.
- Ensure your property meets all relevant building codes and safety regulations.
- Take steps to protect visitors from crime by implementing proper security measures.
- Keep records of inspections, repairs, and safety measures.
Visitors
- Be aware of your surroundings.
- Don’t take unnecessary risks that could lead to injury.
- Follow safety protocol.
- Report any hazards.
- If you’re injured, document the scene, your injuries, and any communication with the property owner. This can be crucial evidence in case of legal action.
Contact an Iowa Personal Injury Lawyer
Understanding Iowa premises liability law allows property owners and visitors to work together for a safer environment. No matter what, accidents caused by the negligence or recklessness of another can always happen. If they do, a personal injury attorney from Winstein, Kavensky & Cunningham will fight for you and see that you receive a fair settlement. Your attorney will support you throughout your journey of seeking compensation for your injuries, pain and suffering, lost wages, and more.
To get started on your claim, schedule your free case consultation. Reach us 24/7 by phone at (309) 794-1515, via LiveChat, or by filling out our contact form.