Des Moines Premises Liability Lawyers

Premises liability refers to a property owner’s legal responsibility for injuries that occur due to dangerous or unsafe conditions on their property. Common dangerous conditions include 

• Slippery or icy sidewalks
• Loose stairs or handrails
• Exposed wiring or unsafe structures
• Swimming pool accidents
• Unsecured construction sites
• Inadequate lighting or signage in public areas
• violations of applicable housing code requirements
• dangerous dogs or other animals on the property
• sharp edges or nails in walls, furniture or appliances.

Iowa law requires property owners and occupants to exercise reasonable care to prevent harm to lawful visitors. If they create, ignore, or fail to fix a hazardous condition, they may be held liable. Whether your injury happened at a store, a friend’s home, a construction site, or anywhere in between, we can help determine who was at fault.

An owner of property in Iowa is legally required to maintain their property and keep it in a condition that does not put lawful visitors at risk of injury. While a property owner is not required to know every possible potential dangerous condition that exists on their property, they are required to exercise reasonable care to discover and correct any dangerous conditions. Most importantly, if the owner or a person that can be considered an agent of the owner, for example an employee, actually creates the dangerous condition, the owner is presumed to know that the dangerous condition existed.

While the legal requirements pertaining to a land owner’s responsibility to keep their property safe can be confusing at times, they are best understood as requiring land owners to simply use common sense. That means:

• Fixing or warning about known hazards
• Complying with local housing and safety codes
• Taking steps to prevent foreseeable injuries
• Addressing issues they created or should have known about

If the owner, or someone acting on their behalf, caused or overlooked a dangerous condition, they’re presumed to be aware of it. Even if they claim they didn’t know, that defense doesn’t hold if the hazard existed long enough that a reasonable inspection would have uncovered it.

Construction Sites are particularly dangerous places.  Whether it is rickety scaffolding, an uncovered manhole, or unsafe operation of equipment, there are countless dangerous situations that arise in these areas.  Given that construction sites are inherently dangerous, it is all the more important that contractors abide by the law and applicable safety regulations to ensure that workers and the public are not exposed to any greater harm than is necessary.  When they don’t, folks get hurt and insurance is typically available to compensate those that are injured and their families.

There are two different types of claims in Iowa that generally arise from construction site accidents.  One is when a worker or other employee is injured on the job.  In these instances, workers compensation claims exist to compensate the worker for his or her injuries. The other type of claim is referred to as a third party, liability, or negligence claim that can be available to workers or other members of the public if someone is injured due to the fault of a third party.  These are situations where someone who is not with the same company as the injured party causes the injury in some fashion.  For example, a child walks onto a construction site that is not secured and gets injured; or a welder is on his break and a driver for the lumber company hits him with the truck pulling into the construction area for a delivery.

Construction Site accidents can occur at major construction sites such as a skyscraper, but those are certainly not the only areas where these accidents occur.  In fact, many of the construction accidents that occur in Iowa happen at other locations such as:

• Construction of a new house;
• Remodeling of an office or residential property;
• A new industrial development;
• An interstate or other roadway project;
• Working on an electrical line or sewer system.

Construction accidents are another form of accident that often result in catastrophic or life-threatening injuries.  They need to be properly investigated and all potential claims and responsible parties considered.    The more serious the injury, the more important it is to have the right legal team investigating the circumstances and making the claim.  GRL Law when good people need great lawyers.

According to the Center for Disease Control and Prevention, every day, about ten people die from unintentional drowning. Of these, two are children under the age of 14. There is a reason most local pools and YMCA’s require children to pass swim tests and mark them accordingly; failure to do so may hold that facility responsible if a child drowns or almost drowns but suffers injuries from the oxygen deprivation to the brain. Protecting adults and children from injury should be prioritized in and around swimming pools. 

Both public and private pools are an enjoyable means of relaxation during the hot Iowa summer months. However, when children are not properly supervised or when public or private pool facilities do not follow local or national safety standards, tragic consequences can and do follow. Valid causes of action may arise from a facility’s failure to properly train their employees; failure to supervise participants; failure to inspect or ensure equipment is in good working order; and even failure to properly respond to a particular situation.

Private pool owners may also be held legally responsible for drowning incidents that occur in their pools. Just like public pools, country clubs, water parks and other commercial facilities, private pool owners are required by law to exercise reasonable care. There are times where a pool owner’s failure to take a proactive approach can also result in liability for injuries. Pools may be classified at times as something called an “attractive nuisance.” In those circumstances, the owner has a duty to take precautionary measures to ensure that curious children are not put in unreasonable danger based simply on their innate curiosity.

GRL Law is passionate about watersports but is equally passionate about the safety of all those who participate in these activities. We are standing by, willing and able to help survivors and families who have suffered tragedy as a result of water sport-related accidents.

If you’ve been hurt due to unsafe conditions on another person’s property, take the following steps:

1. Seek medical attention immediately and document your injuries.
2. Take photos or video of the accident scene before anything changes.
3. Get contact information from witnesses or property managers.
4. Don’t sign anything from insurance companies before speaking to a lawyer.
5. Call GRL Law for a free consultation.

The sooner we can investigate, preserve evidence, and identify liable parties, the stronger your case will be.

In Iowa, most personal injury claims, including those for premises liability, must be filed within two years of the date of the injury. That timeline can vary depending on the circumstances, especially if minors are involved or government property is a factor. If you wait too long, you may lose your right to compensation altogether.