A Slip And Fall: Determining Liability And Proving Negligence In Iowa

by | Jan 4, 2016 | Lawyers

If you slip and fall, injuring yourself on a street or property in Marion, Iowa, you may be able to hold someone liable. Yet, the incident and the result may not be sufficient to establish a case of negligence. The court looks at each case on its own merit. Slip and fall injury attorneys can only be successful if they can clearly find the means of proving the individual, company or government is clearly at fault.

Defining Slip and Fall

According to the Tom Riley Law Firm, a slip and fall falls under the category of personal injury. It may involve you slipping on ice on a city sidewalk or tripping over rubble while a guest on someone’s property. The emphasis is on the property belonging to someone else. This places them under the large umbrella of “premises liability” claims.

Determining Liability

Not all slips and falls are liable. Slip and fall injury attorneys understand that liability needs to be proven in court. Evidence must be found to prove that the owner of the property on which the incident occurred failed to live up to his or her responsibilities. He, she or they must be legally responsible for the harm or injuries sustained from the trip and fall.

The lawyer must undertake the task of proving at least one of the following is valid:

  • The owner, manager or employee is responsible for causing the condition or situation that was responsible for the fall or slip.
  • The owner, manager or employee realized the situation, surface or other was in fact dangerous. Instead of acting reasonable and repairing or remedying the situation, he, she or they ignored it.
  • The owner, manager, employee should have been aware of the issue. It has been in existence for a length of time. Any “reasonable” individual in charge of the maintaining and taking care of the property or premises would have discovered and corrected the issue immediately.

These are the only choices slip and fall injury attorneys have at their disposal to prove their case. In many such court cases, the answer is reached through taking a sensible approach.

Comparative Fault

It is not enough to prove the manager, owner or an employee is responsible for your injuries. In Marion, the laws of Iowa State that determining the percentage of fault for each party will determine the amount or level of compensation you may receive for your injury. This is called the law of comparative fault. If the court determines you were in even the smallest way responsible for the injuries you sustained, it will deduct this percentage of fault or blame from the total. Under such a system, you may even be denied any compensation if the court determines you were 50% or more at fault.

Seek Legal Help from Slip and Fall Injury Attorneys

If you want to lay a claim for suffering from a slip and fall on someone’s property, you are legally entitled to do so. The process, however, will not be easy. In Marion, Iowa, the laws of liability and comparative fault will impact heavily on your case. To ensure you have a chance of being successful, seek legal help from an experienced slip and fall injury attorneys such as those at the Tom Riley Law Firm.

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