In 2022, slips and falls were the second-most common fatal events in Iowa, accounting for the state's 16% of fatal accidents, according to the Bureau of Labor Statistics. Unfortunately, many people sustain severe injuries, which can range from broken bones to disability, or even lose their lives in these incidents each year.
While Iowa laws allow injured people to pursue legal action against property owners who contributed to their slip-and-fall accidents, this process can be intricate. That's why it's important for victims to understand their rights.
This article contains information about what those involved in slip-and-fall accidents should do to prove fault and recover compensation for their injuries and losses.
Common Causes of Slip and Falls
Slip-and-fall accidents are a common occurrence and often result in serious injuries. Sadly, these incidents can happen in different settings, from residential properties to commercial establishments.
Some of the most common causes of slip-and-fall accidents include the following:
Wet or slippery floors: When not properly marked or dried, wet or slippery floors can become a hazard for those walking through a property.
Lack of warning signs: Property owners have a duty to warn visitors of potential hazards. The absence of adequate warning signs can contribute to slip-and-fall accidents.
Uneven or broken surfaces: Uneven or broken surfaces, such as cracked sidewalks or stairs, can pose a tripping hazard, too.
Inadequate lighting: Insufficient lighting can make it difficult for visitors to see potential hazards, increasing the risk of slips and falls.
Lack of proper maintenance: Failure to properly maintain a property can create dangerous conditions and cause slip-and-fall accidents.
When Can Victims Sue a Property Owner for a Slip-and-Fall Accident?
As explained above, property owners have a legal duty to maintain their spaces in a reasonably safe condition for visitors.
If a property owner breaches this duty, and a visitor suffers injuries as a result, the affected party may be able to file a personal injury claim against them.
To successfully file a slip-and-fall claim, the injured person must prove that the property owner was negligent.
In other words, victims should demonstrate that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to address it. For more information, Des Moines slip and fall attorneys may be able to help.
How to Prove Property Owner Negligence in Slip-and-Fall Cases
To prove property owner negligence in a slip and fall case, the injured person must establish the following elements:
Duty of care: The property owner had a legal duty to exercise "reasonable care" and maintain the property in a reasonably safe condition.
Breach of duty: The property owner breached their duty by failing to take reasonable steps to address a dangerous condition.
Causation: The property owner's negligence was the direct cause of the injured person's fall and the resulting injuries.
Damages: The injured person suffered injuries and incurred damages as a result of the fall.
What Is "Reasonable Care"?
The concept of "reasonable care" is crucial to proving negligence in a slip-and-fall case.
A property owner is expected to exercise the same level of care that a reasonable person would under similar circumstances. This means they must take the necessary steps to identify and eliminate potential hazards.
Understanding Iowa's Comparative Negligence System
Iowa follows a comparative negligence system, which means that an injured person can recover damages even if they're partially at fault for the accident. However, the amount of compensation they can get will be reduced in proportion to their degree of fault.
For example, if an injured person is found to be 20% at fault, their compensation will be reduced by 20%.
Can Victims Get Blamed for Their Own Fall?
In some cases, an injured person may be partially blamed for their own fall. This is known as contributory negligence.
If an injured person's own negligence contributed to the accident, their compensation may be reduced (what happens in Iowa) or denied.
Gathering Evidence to Establish Liability in a Slip-and-Fall Case
To establish liability in a slip-and-fall case, victims should gather evidence, which may include the following:
Photographs of the accident scene and the victim's injuries
Medical records that document the victim's injuries and treatment
Statements from witnesses who saw the accident or from experts who can help establish fault
Records of property maintenance to determine whether the property owner was aware of the dangerous condition
Should Slip-and-Fall Victims Contact a Personal Injury Lawyer?
For someone who has been injured in a slip-and-fall accident, it's always advisable to consult with a personal injury lawyer with experience in these cases they can explain how to prove fault in a construction accident in Iowa.
A slip-and-fall lawyer can help victims understand their rights under Iowa laws, explore the legal options available based on their particular circumstances, and prepare a solid case to recover fair compensation.
What a Personal Injury Attorney Can Do for Victims
In essence, a personal injury attorney can help slip-and-fall accident victims prove that the property or business owner was at fault for their injuries and provide assistance throughout the entire legal process. They can also provide insight on how to prove fault for a dog bite in Iowa.
This is part of the tasks a slip-and-fall lawyer can help injured parties with:
Evaluate their case: A lawyer will assess the strength of the case and determine whether injured parties have a valid claim.
Gather evidence: Lawyers can gather evidence to support injured parties' claims, such as photographs, videos, reports, medical records, and witness statements.
Negotiate with the insurance company: A lawyer can negotiate with the residential or commercial property owner's insurance company to obtain a fair settlement.
Prepare for trial: If a settlement cannot be reached, a lawyer can prepare the case for trial, if necessary.
Represent victims' interests: A lawyer will represent victims' interests throughout the legal process.
Final Thoughts
Slip-and-fall accidents can have serious consequences. For those who have been injured in a similar situation, it's important to seek legal advice.
A personal injury attorney can help victims protect their rights and obtain the compensation they deserve. Fortunately, you can find one at Tom Fowler Law, located in Des Moines, Iowa.
Whether you need help with a slip-and-fall case or other types of personal injury claims, such as a car accident or wrongful death lawsuit, we can assist you. Contact us today and get a free consultation!
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