Des Moines Slip & Fall Lawyer
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Under premises liability laws, private and public property owners have a responsibility to ensure their premises are reasonably safe. This means addressing any known dangerous conditions and warning potential visitors to the property of their existence. When property owners fail to take these necessary steps, they can be held liable for any accidents or injuries that are caused by the dangerous condition.
If you slipped, tripped, and/or fell on someone else’s property as a result of a dangerous condition, such as a wet floor or exposed wiring, you could have grounds for a legal claim. At King Law, PLLC, Des Moines slip and fall attorney Mark King can help you understand your legal rights and options. With over two decades of legal experience, including past experience in insurance defense, he is well-versed in the many tactics property owners and insurance companies use to devalue and deny rightful claims. He can help you fight back against these tactics and seek the full compensation you deserve.
When Is a Property Owner Liable for a Slip & Fall Accident?
A property owner can only be held legally liable when they fail to repair, address, or warn others of a condition that they were aware of or should have been aware of. After all, a property owner can’t be held responsible for a dangerous condition that they had no way of knowing existed.
In order to file a slip and fall claim, you will need to prove the following elements:
- You were lawfully on the property—as an invited guest, customer, employee, or in some other capacity—at the time of the accident and, therefore, the property owner owed you a duty of reasonable care
- The property owner failed to uphold that duty of care by failing to maintain the property, fix a dangerous condition that could cause foreseeable harm, warn you of such a condition, or by otherwise acting negligently
- As a result of this failure, you slipped and fell and were injured, leading to you sustaining measurable damages, such as medical bills, future medical expenses, lost wages, disability, and pain and suffering
For example, if you slipped and fell on an unmarked wet floor in a grocery store, you can argue that the store owner should have known about the wet floor and placed out signage warning customers to watch their step. If the store owner (or another party) is found legally liable, you can recover compensation for any medical bills and other economic and non-economic damages you suffered as a result of the slip and fall.
How a Slip & Fall Attorney Can Help
Property owners often try to argue that they are not liable for slip and fall accidents but that the victim was simply not being careful. They may try to argue that a hazard was open and obvious and, as such, the victim should have taken precautions to avoid it. They may even argue that the dangerous condition did not exist or that there was warning signs notifying people of the hazard.
It’s important that you remember that the property owner’s insurance company is not on your side. Though they may try to contact you to discuss the incident or offer a settlement, it is in your best interests to avoid speaking to their adjusters. These adjusters will often use tactics to get you to admit fault or downplay your injuries—which you should never do.
Instead, refrain from speaking to the other party’s insurance adjusters and, instead, get in touch with a Des Moines slip and fall lawyer who can protect your rights. Attorney King can investigate your claim and determine who is legally liable for your injuries. Under Iowa’s modified comparative negligence rule, you may still be able to collect compensation for your damages if you were less than 50% at fault for the accident.
Contact King Law, PLLC Today
In most cases, you only have two years from the date of the accident to file your Iowa slip and fall claim. It’s important that you act quickly, as evidence can be lost and memories can fade over time. The sooner your attorney is able to begin working on your case, the better.
Reach out to King Law, PLLC today to speak to Attorney King about your potential slip and fall claim. With extensive experience in this area of law and millions of dollars recovered for his clients, he is ready to fight tirelessly for the justice and recovery you deserve.