Iowa City, IA – As a general legal principle, property and business owners must keep their buildings and land safe for all guests. This often includes things like regular cleaning, or restricting access to areas where injuries are likely to occur. Despite any precautions that have been taken, it is still possible that a person is hurt on the property in a slip and fall accident. When this happens, the victim has the right to file a negligence case related to premises liability to try to receive compensation.
Proving liability of a property owner
There are a few ways that liability is established in cases related to slip and fall injuries. These scenarios tend to closely follow the elements of a negligence lawsuit, which requires a deviation from the relevant standard of care and causation of the plaintiff’s losses for the case to be successful.
The best situation for a plaintiff is to be able to use evidence to show a known hazard that was ignored which led to their injuries. This can include things like prior injuries being reported in the same area, or the owner had notice of a specific dangerous situation, yet did not take action to protect guests in a reasonable time. Another significant way that the property owner can be liable for slip and fall injuries is if one of their employees or the owner created the dangerous conditions that led to an injury. This is true regardless of whether the mistake was intentional or not, as it needs to be corrected to avoid hazards. In negligence cases, a reasonable person standard is also important. There may be an analysis to determine if any other reasonable property owner would have taken action to fix certain dangers before they cause injuries. This type of analysis can change greatly based on the specific facts surrounding the accident.
Damages in a slip and fall case
The reason the lawsuit is filed is for the victim to be able to get financial assistance with their medical treatment and other problems caused by the accident. This can require medical records to show their specific injuries, and how they were caused by the property owner’s negligence. Any other costs such as lost wages are potentially at issue in the lawsuit as well, as the person’s career and livelihood can be affected by a serious disability or health process created during the slip and fall incident.
Injury attorneys in Iowa
Eells and Tronvold Law Offices is a firm that helps people who have been injured in the state of Iowa. Their attorneys are available to consult with anyone who needs legal advice and is considering a lawsuit.
Firm contact info:
1921 51st Street NE, Cedar Rapids, IA 52402-2400