Des Moines Premises Liability Lawyers
Property owners have a legal obligation to maintain safe premises that do not place persons they expect to be on their property at unreasonable risk for harm or injury. In the event of an injury caused by an unsafe condition or lack of warning on property, it may be possible to file a personal injury claim against the property owner or persons performing work on the property.
At LaMarca Law Group, P.C., our experienced Des Moines slip and fall attorneys have the resources and determination you are seeking, and they will treat your case with the utmost care. To schedule a free consultation with a Des Moines premises liability lawyer, please contact an attorney at LaMarca Law Group, P.C. by calling (515) 225-2600.
Premises Liability Law
Premises liability laws govern responsibility in the event an individual is injured on a property other than his or her own. Though slip and fall accidents may appear relatively simple, premises liability law can actually be very complex. A Des Moines slip and fall attorney from our firm can review your case free of charge and determine your claim eligibility if you or someone you love has been injured on another party’s property.
Premises owners have varying levels of duty to individuals on their property, depending on the status of the “guest,” and this can directly affect a plaintiff’s eligibility for compensation in a premises liability lawsuit.
- An invitee is an individual who has been actively invited onto a property for business or commercial purposes. An example of an invitee would be a customer in a department store, as the property exists solely for selling a product to a paying customer and customers are actively prompted to visit. Property owners and operators have the highest level of duty to invitees. Any obstacles that pose an unreasonable risk to individuals can be grounds for a lawsuit in the event of an injury, including risks that the property owner should have known about.
- A licensee is an individual who has been invited onto a property for purposes other than business or commercial transactions (a house guest, for example). Property owners have fewer obligations to licensees than invitees, but they can still be held responsible if a licensee is injured on their property. If a property owner knows of a risk that could cause injury or harm to an individual, and fails to warn him or her of the risk, they can be held accountable for damages. A property owner may also be liable if he or she should have known of the risk through regular maintenance and upkeep.
- A trespasser is someone who has not been invited onto a property and is not welcome. Property owners owe trespassers little in the way of protection, though it may still be possible for a trespasser to obtain compensation for injuries sustained on a property if the property owner was woefully negligent in the upkeep of his or her property. Door-to-door salespersons still have protections under the law, for example, even if they haven’t technically been invited by the property owner. If you have suffered an injury on a property, and you are unsure whether you are eligible to file a claim, we urge you to contact a premises liability attorney from our Des Moines law office today.
If you are seeking legal counsel in the Des Moines area regarding slip and fall claims, our experienced attorneys can provide you with diligent representation. You can rest assured that we will work tirelessly to protect your rights.
Premises Liability Lawsuits
Slip and fall accidents can result in catastrophic injury, including traumatic brain injury and spinal cord injury. If you or someone you love has been injured on an unsafe property, we would like to help. Though every case is different, the plaintiff can typically obtain compensation for:
- Medical costs
- Rehabilitation costs
- Loss of wages (including future wages)
- Inhibited earning capacity
- Pain and suffering
If someone you love has been killed, we can help you file a wrongful death claim against the liable party. We understand the trauma of losing a loved one unexpectedly, and we will work tirelessly to ensure that your family is able to continue the mourning process while we handle the legal necessities of your claim.
If you are looking to file a premises liability claim, an attorney from the Des Moines law office of LaMarca Law Group, P.C. can review your case free of charge and determine which types of damages you may be eligible to recover.
Frequently Asked Questions
Premises liability is a nuanced and complicated area of the law. Most people who are considering filing a premises liability lawsuit aren’t completely sure what they are getting themselves into. To ease your concerns, we have provided the answers to some of the questions we hear most often at our office.
How long does a hazard have to exist to hold the property owner responsible?
Like many questions surrounding personal injury law, there is no black-and-white answer here. While it would be helpful to have a precise time, it’s also very difficult to prove when exactly a property owner knew about the hazard. When determining fault, the court takes into consideration whether the property owner was aware or should have been aware of the danger and didn’t do anything about it in a “reasonable amount of time.” If a patron at a restaurant trips and falls on a loose or broken step and the owner knew about the step but didn’t take action, the victim has a good chance at compensation. However, if the owner hasn’t yet repaired the step but instead closed the steps or put a sign out warning of the danger, the court may deem that appropriate action. These types of cases can be complicated and often hinge on small details. That’s why you need an experienced personal injury lawyer by your side.
What should I do immediately after a slip or trip and fall accident?
The most important thing to do following an accident on a dangerous property is to report the accident, injury, and the cause/location of the accident right away to the property owner or management. If possible, try to make sure the employee, manager, or owner fills out some kind of accident report and get a copy to take with you if you can. If you leave the store, restaurant, parking lot, etc. without telling anyone and try to come back later to report an injury, your case may be incredibly difficult to prove and win. You should also try and get names and statements from any witnesses who saw your accident and include those on the report. Witnesses can include any other patrons in the store—strangers or people you were with—as well as employees. Also be sure to see if there were any warning signs in the area of your accident and include that on the report to prevent managers or employees from putting up a sign after your accident and claiming it was there all along. Taking pictures of the accident scene is especially valuable in this regard. After leaving the premises, seek medical treatment for your injuries and finally call a premises liability attorney.
Who should I and shouldn’t I speak with following an accident?
Insurance companies will do anything in their power to discredit your story or pay you as little as possible following an accident. Because of this, they may use some deceitful tactics to get you to admit the accident was partially your fault. The most important thing to remember is to never give a statement or talk with an insurance company, risk management department, or anyone else connected with the business over the phone before talking with a personal injury lawyer first. In most cases, your attorney will handle all communication with the property owner to prevent you from making any statement that might weaken your case or prevent you from recovering the financial compensation you need to pay for medical bills and other expenses related to your injuries.
Contact Our Des Moines Attorneys Handling Slip and Fall Cases
We urge you to contact us to speak with a Des Moines premises liability lawyer if you or someone you love has been injured on another party’s property as a result of a hazardous or unsafe condition. You may be entitled to financial compensation for your injuries, and an experienced premises liability attorney from our Des Moines law office can help ensure your rights are protected.
To schedule a free consultation regarding slip and fall litigation, contact the attorneys at LaMarca Law Group, P.C. today at (515) 225-2600. The statute of limitations restricts the amount of time a plaintiff can file after he or she has been injured, so it is in your best interest to act quickly.