Des Moines Premises Liability Lawyers
Building a Case against Negligent Property Owners
Whenever you step into an office building, shopping mall, movie theater, school, or park, you assume you are safe from hazards. The theory of premises liability makes this sense of safety possible. Premises liability refers to the duty of property owners to keep their property in good condition, make necessary repairs, and warn visitors of any dangers. A property owner who does not abide by these obligations may be held financially responsible for damages that result.
What Is Premises Liability?
To prevail on a premises liability claim, you must demonstrate all elements required under Iowa's statutes.
This means you will have to prove that:
- The property owner owed you a duty of care;
- The property owner acted or failed to act in a way that breached the duty of care;
- You sustained an injury as a result of the property owner's act or omission;
- You suffered damages as a direct result of the property owner's breach of duty.
Evidence to prove premises liability claims
Our attorneys collect crucial information to prove each element of a claim. Evidence in your case may include:
- Photographs of the conditions at the time of the incident;
- Eyewitness accounts of people who knew of the dangerous condition;
- Doctors' reports, diagnostic tests, X-rays, and other medical evidence of your injuries;
- Contractors' records describing the repairs made to the premises.
We suggest you seek legal counsel as soon as possible so we can recover evidence before it is destroyed or repaired by the negligent property owner.
Duty of Care Law
The level of care owed to you depends on your relationship to the property and its owner, mainly, whether you were invited and for what purpose. The property owner owes the highest duty to those who are invited onto the property to conduct business. The business must perform regular inspections and can be held liable for dangers that the owner knew or should have known. A host has a slightly lesser obligation to social guests, referred to as licensees on the property for a noncommercial reason.
The lowest-level duty is owed to a trespasser since the person has not been invited onto the property. However, the property owner does have a heightened duty to trespassing children. The owner is obligated to prevent access by children, maintain safe conditions, and warn children of dangers, regardless of whether they have been invited onto the property, particularly if the land contains something enticing, such as a pool, playground, or trampoline.
Even if you went to the property uninvited, you have some rights. Property owners must warn visitors about human-made dangers if they are aware of the visitors' presence. Also, an owner has a heightened obligation to a child, especially if the property contains something likely to entice children, such as a skate ramp or swing set.
Our Premises Liability Attorneys Can Help
When working on a premises liability case, we take decisive steps to obtain your rightful settlement efficiently and cost-effectively.
Our team can:
- Investigate the cause of your injury and the at-fault parties;
- Gather and organize strong evidence to support your claim;
- Counter assertions made by the defendant that you contributed to your accident;
- Calculate your damages in consultation with medical professionals, economists, and financial experts;
- Negotiate aggressively and strategically, never settling for less than you deserve.
Our legal team is determined to recover the maximum possible compensation for your injuries.
Types of Premises Liability Cases
Hope Law Firm helps injured victims across Iowa recover damages from negligent property owners. Our Des Moines premises liability lawyers represent licensees, trespassers, and invitees in cases involving:
- Slip and falls
- Negligent security
- Construction site claims
We also represent children who have sustained injuries in accidents:
Learn More About Your Premises Liability Rights
Our Des Moines premises liability attorneys advocate for the rights of victims injured in property accidents throughout Iowa. Because we believe that everyone deserves justice, we assess cases for free and handle claims on contingency.
Thousands of cases successfully handled for our clients.
We treat you with compassion, honesty, dignity and respect.
We take an aggressive approach & have a proven track record.
Going through a difficult process is never easy, but Katie was full of advice on how to proceed.- Sam H.
LOOK NO FURTHER.- David G.
I was granted everything I hoped for with my case and custody.- Rebekah H.
She worked in my best interest.- Samii N.
She was very professional and made me proud to have her represent me.- Rebecca F.