Why are property owners in Iowa liable for injuries caused to guests?
Iowa City, IA – There are legal principles which make property owners responsible for the safety of those who are on their land or inside structures. This provides an incentive to keep the areas safe and avoid injuries and other forms of loss. Anyone who has been hurt while on another person’s property has the option of bringing a lawsuit for damages and compensation. Some attorneys focus on this area of the law and cases against property owners.
The relevant standard of care
If the land or property owner wants to avoid being found negligent in a lawsuit, they must exercise the proper standard of care. In negligence law, this is commonly referred to as the reasonable person standard, and it is related to what a person of normal intelligence, skill, and knowledge would do such as taking precautions to keep guests safe. This often includes things like basic maintenance and cleaning, fixing known hazards, keeping areas clear, and dealing with any reported problems. Showing that a relevant standard of care exists is the first element of negligence.
A breach of the standard of care
An important issue in any lawsuit related to premises liability is whether this standard of care was breached by the property owner. Relevant evidence may include maintenance logs, video surveillance, and testimony from other witnesses. An example where the property owner was informed or had notice of a hazard, but did not fix the situation and someone was injured would be a clear example of a breach of the standard of care. Other issues may require specific factual determinations to see if the owner knew or should have known of any problems that could potentially have caused injuries, and what they would realistically be able to do to keep guests safe.
Damages for victims
The purpose of a civil lawsuit is for the victim to receive compensation for various kinds of losses caused by the defendant. In a premises liability action, this would most likely contain arguments for medical costs, time away from work, and other losses caused by the victim being hurt while on the property. In more serious cases, there may also be the possibility that the victim asks for non-economic compensation for their physical pain, mental trauma, and emotional issues caused by the accident. This is commonly referred to as compensation for pain and suffering, and it is not necessarily tied to specific medical costs or other financial losses.
Meeting with lawyers in Iowa
Eells and Tronvold Law Offices is a firm that works with local clients in Iowa to help with the process of receiving compensation. Their attorneys can provide advice related to various legal matters.
Firm contact info:
Eells and Tronvold Law Offices
1921 51st Street NE, Cedar Rapids, IA 52402-2400
319-393-1020
www.eellsandtronvold.com
