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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.
With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.
Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.
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Can I sue an Iowa property owner if I fall and get hurt on snow or ice?
Slip and fall accidents caused by snow or ice are complicated, and the answer to your question will depend on numerous factors. An experienced slip and fall lawyer knows what factors to consider, what evidence to gather, and how to protect your rights if you’re hurt.
Questions That Need Answering
Before you consider pursuing a recovery from the property owner or occupier, it is important to answer the following questions:
- Was the snow or ice the result of natural accumulations or something else? You may have an easier time with a claim for the unnatural accumulation of ice than for ice or snow that results from a storm. However, you may still be able to recover damages for a fall on naturally accumulating snow or ice in some situations.
- Did the property owner try to remove the snow or ice? The specific actions taken by the property owner or someone acting on the property owner’s behalf are important. If, for example, the actions made the situation more dangerous or were insufficient to reasonably fix the danger, then that could be relevant to your recovery.
- How long did it take the property owner to remove the snow or ice? Property owners should address dangerous conditions such as ice and snow in a reasonable amount of time.
- Were your injuries caused by your fall? You will need medical evidence to prove that your injuries were the result of your fall.
Of course, answering the questions is not enough. You will need evidence to support your answers and your claim.
Our attorneys can investigate your fall, and if the facts support a claim against the property owner or occupier then we fight hard for your recovery. We are experienced negotiators and litigators, and fighting for the rights of personal injury victims is what we do. However, we will never lose sight of your unique injuries and what your fair recovery means to you. Accordingly, we encourage you to schedule a free, confidential consultation if you’ve been injured in a slip and fall accident on an icy or snowy property in Iowa. Simply call us at 1-800-800-5678 or start a live chat with us now to schedule your consultation.
Will an insurance company pay for my injuries if I’m hurt on someone else’s property?
The answer to your question depends on a few factors. Specifically, you will need to find out if there is property insurance on the property where you fell, whether that property insurance includes personal liability for injuries suffered on the property, and what the maximum amount of insurance is on the property. Then, if there is adequate insurance to cover your injuries, you will need to fight for your fair recovery. Our experienced lawyers are dedicated to helping slip and fall accident victims make the fair recoveries that they deserve, and we routinely negotiate with insurance companies on behalf of each of our individual clients.
Why There Might Be Insurance on the Property Where You Fell
Many properties are insured either because it is required as a term of a mortgage or lease contact or because the property owner recognizes that it is important. Accordingly, you should look for personal liability property insurance on any property where you fall including:
- Private homes. Mortgage lenders require that their collateral be protected by homeowner’s insurance. If the homeowner fails to purchase property insurance, then the mortgage lender will likely do so.
- Commercial buildings. Many commercial leases require each business to have property insurance as a term of the rental agreement, and many commercial property owners carry policies on their buildings as well.
However, while the property where you fell may be insured, that does not guarantee your recovery.
Don’t Trust the Insurance Company to Offer You a Fair Settlement
Insurance companies profit when they take in more in premiums than they pay out in settlements. Accordingly, the insurance adjuster assigned to your case is going to work hard to pay you as little as possible. You deserve to have an experienced attorney fight back and work hard to get you a fair and just recovery for the medical expenses, lost income, pain, suffering and other damages that you have suffered. To find out more about tips for protecting your fall recovery, please start a live chat with us now and schedule your own free, no-obligation consultation.
When is an Iowa property owner liable for damages in a slip and fall accident?
Iowa law does not always hold property owners liable for injuries sustained in falls on their properties. It would be unfair to do so. A property owner is not legally responsible for accidental injuries to trespassers, for example, nor is a property owner liable for a freak accident that could not be foreseen.
Instead, Iowa property owners have a duty to exercise reasonable care in the design and maintenance of their properties. They may be liable for fall accidents that occur when they fail to exercise reasonable care and a lawful visitor is injured.
Factors to Consider
In 2009, the Iowa Supreme Court issued a ruling that established the factors that should be considered in determining whether a property owner (or occupier) exercised reasonable care for the protection of lawful visitors. Those factors, described in the case of Koenig v. Koenig, include:
- The foreseeability of potential harm.
- The reason why the person was on the property.
- The time, manner, and circumstances surrounding when the person entered the property.
- How the property is used or is expected to be used.
- Whether an inspection, repair, or warning was reasonable.
- Whether the property owner or occupier had the opportunity to repair or give warning of the potential danger and how easy it would have been to make the repair or give warning.
- The burden on the property owner, occupier, or community to provide adequate protection. This includes any inconvenience or cost involved in providing protection.
While the Iowa Supreme Court clarified when a property owner or occupier might be responsible for an injury, many of these factors are often hotly contested in slip and fall cases. You can expect that the property owner and the insurance company are going to fight hard to limit the liability of the property owner.
Accordingly, you need to advocate for your full and fair recovery, but you don’t need to do it alone. Instead, you have the right to contact a slip and fall attorney to fight for you. For more information about how a slip and fall case works in Iowa and about your potential recovery, please call 1-800-800-5678 to schedule a free consultation with an experienced lawyer today.
How long do I have to file a slip and fall lawsuit in Iowa?
The amount of time that you have to file a personal injury lawsuit in Iowa is limited by a law known as the statute of limitations. While you may be initially frustrated by the thought of a deadline to file a lawsuit, the statute of limitations serves an important purpose. It guarantees that a case will be filed within a specific time so that the uncertainty of potential litigation does not hang over the defendant indefinitely and so that the injured party acts quickly enough for evidence to be gathered and a meaningful recovery to be made.
In Iowa You Typically Have Two Years to File a Case
Generally, someone who is hurt in a slip and fall accident has two years from the date of the injury to file a lawsuit. However, this general rule does not apply to every case, and it is important to know about the exceptions. For example, you might have a shorter amount of time to provide notice that you are filing a lawsuit if you fell on government property. Conversely, if you were injured as a minor, then the time that you have to file a lawsuit may be extended.
Don’t Wait Until You Are Up Against the Deadline
The longer that you wait to pursue a case, the longer it will take to make a fair recovery. If you’ve been hurt then you likely want money to pay for your medical expenses, lost income, pain, suffering, and other damages as soon as possible. By contacting an attorney immediately after your fall, you can make sure that your rights are protected, that your claim is being pursued, and that you don’t miss the statute of limitations deadline that could end your chances of making a fair recovery.
Please start a live chat with us now or call us directly at 1-800-800-5678 to discuss your potential slip and fall case during a free consultation.
Can I sue a property owner if I was partially at fault for my own slip and fall injury?
Iowa personal injury cases are subject to a contributory negligence law. That means that even if you were partially at fault for your own slip and fall accident injury, you may still recover damages in some cases.
However, there are limitations. If you were primarily (or more than 50%) responsible for falling, then the property owner is not responsible for paying you any damages. This may be true, for example, if there was no problem with the property and you tripped because you were intoxicated, you had an untied shoelace, or you were using your cell phone.
If, instead, you and the property owner both were at fault for your fall and your portion of the fault was less than 50%, then you may be able to recover damages for your injuries. However, your recovery would be reduced by the percentage of fault attributable to you.
Who Decides How Much You Are at Fault?
The percentage of fault attributable to you and to the property owner is often contested. The property owner will likely argue that you were solely or primarily at fault while you will likely maintain that the property owner was solely or primarily at fault.
Ultimately, the determination of liability will depend on…
- The quality of evidence available from the fall accident scene.
- The persuasiveness of the arguments made during settlement negotiations or in court.
How much fault was yours and how much was the property owner’s will be decided during settlement negotiations or, if an agreement cannot be reached, then it will be decided in court.
If you bear some responsibility for your fall injuries then it is important to protect your rights by talking to an experienced lawyer who knows how to investigate cases, present evidence, and make convincing arguments to protect the rights of personal injury victims. For more information about how a slip and fall case works or to schedule your own free consultation, please contact us via this website today.