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How long do I have to file a negligent security claim in Iowa?

Time could be running out to file your claim.

A negligent security claim alleges that you have been injured because a property owner failed to provide adequate security to prevent reasonably foreseeable criminal attacks. Thus, a negligent security claim is a type of personal injury case and subject to the same statute of limitations as other Iowa personal injury cases.

Here’s How Long You Have

Generally, you have two years from the date of your injury to file a negligent security claim in Iowa. This is consistent with Section 614.1 of the Iowa Code. If you were an adult at the time that you were attacked and your injury was readily apparent, then it is unlikely that the statute of limitations would be extended.

However, in limited circumstances the statute of limitations may be tolled or the clock may stop running on the filing of your negligent security claim. Specifically, the time for filing a claim may be extended if:

  • You were a minor at the time that you were attacked and injured. If your parent or guardian did not bring a lawsuit on your behalf, then you may have the right to do so when you turn 18. You will have one year to do so after you turn 18 years old.
  • You were mentally incompetent at the time of your attack and injury. Thus, you could not have known the consequences for failing to file a claim then, and you may have the right to do so if you are mentally competent now.
  • The property owner defendant is in bankruptcy. The bankruptcy proceeding may put an automatic hold on your claim for a period of time. Eventually, the stay will be lifted when the bankruptcy case is resolved, and you will be able to move forward with your claim.

If you fail to file your claim within the statute of limitations, then you will no longer have the right to a legal recovery. Thus, it is important to file your claim promptly, to understand how a negligent security case works in Iowa, and to protect your right to recover damages. To learn more, please call us today at 1-800-800-5678 to schedule a free consultation with an experienced attorney.

Jason F. Abraham
Managing Partner, Hupy and Abraham