A slip-and-fall can happen in an instant. One moment you’re walking through a store on Williams Street or crossing a parking lot near US-169, and the next you’re on the ground wondering how badly you’re hurt. What you do after a fall can affect both your health and your ability to document what happened.
Iowa law may allow you to pursue compensation when a property owner’s negligence contributes to your injuries. Negligence simply means failing to use reasonable care under the circumstances. These cases fall under personal injury law, and whether you have a claim depends on factors such as what caused your fall, what the property owner knew or should have known, and whether you share any responsibility for the accident.
What Compensation Can You Recover After a Fall?
A serious fall can affect much more than the first medical bill. Depending on your injuries and circumstances, compensation may be available for losses such as medical expenses, lost income, and physical pain and suffering.
Iowa also uses a rule called comparative fault. In simple terms, this rule considers whether more than one person shares responsibility for an accident. If you are partly responsible for your fall, your compensation may be reduced by your percentage of fault.
For example, if you were awarded $100,000 but found 20% at fault, your recovery could be reduced by 20%. Under Iowa’s general rule, you can still recover if your share of fault is 50% or less. If your fault is greater than 50%, you generally cannot recover damages.
When Is a Property Owner Responsible for a Fall?
A fall on someone else’s property does not automatically mean the property owner was negligent. Iowa property owners generally have a duty to use reasonable care to protect people who are lawfully on their property.
A premises liability claim, which is a claim involving an unsafe condition on someone else’s property, can depend on questions such as:
- What dangerous condition caused the fall?
- Did the property owner know or reasonably should have known about it?
- Did the owner take reasonable steps to correct the problem or warn visitors?
- Could the injured person reasonably have noticed or avoided the danger?
Different rules may apply to someone who is trespassing. For customers, guests and other people lawfully on the property, however, the circumstances surrounding the hazard are an important part of determining whether the owner acted reasonably.
What Should You Do After a Slip-and-Fall?
Conditions can change quickly after an accident. A wet floor may be cleaned, ice may melt or be treated, and a damaged walkway may be repaired. If you are physically able, documenting the scene soon after your fall can help preserve information about what happened.
Take These Steps if You Can
- Photograph or record the condition that caused you to fall.
- Take wider photos showing the surrounding area and any warning signs.
- Get names and contact information from people who witnessed the fall.
- Report the accident to the property owner, manager or employee.
- Ask whether a written incident report can be completed and whether you can receive a copy.
- Keep the shoes and clothing you were wearing at the time of the fall.
These steps can help establish what the property looked like when you were injured. They can be particularly useful when a temporary condition, such as water, snow or ice, changes shortly afterward.
Why Should You Get Medical Care After a Fall?
Your health comes first. Some injuries are immediately obvious, while others may become more noticeable after the initial shock wears off. If you are experiencing significant pain, a possible head injury, difficulty walking or other concerning symptoms, seek appropriate medical attention promptly.
When you receive treatment, explain how the fall happened and describe your symptoms accurately. Medical records can document your injuries, treatment and what you reported about how you were hurt.
Continue following your medical provider’s recommendations and keep records of bills, prescriptions, appointments and work restrictions. If the injury causes you to miss work, keep documentation showing your lost time and income as well.
How Long Do You Have to File a Claim in Iowa?
Iowa generally has a two-year deadline for filing a lawsuit involving an injury to a person. That does not mean every slip-and-fall case has exactly the same deadline. Different rules can apply in certain circumstances, including some claims involving government entities.
There is also a practical reason not to wait. Surveillance footage may be erased, witnesses can become harder to locate and property conditions can change. Preserving evidence early can make it easier to determine what happened.
Talk With a Fort Dodge Slip-and-Fall Lawyer
If you were injured in a fall in Fort Dodge or elsewhere in North-Central or Northwest Iowa, you may have questions about whether the property owner was responsible, how comparative fault could affect you, and what compensation may be available.
Johnson, Mulholland, Cochrane, Cochrane, Yung & Engler, P.L.C. is a Fort Dodge law firm serving individuals and families throughout the surrounding Iowa communities. The Johnson Law Firm combines substantial legal resources with the personal attention of a local law office. If you have questions about an injury on someone else’s property, contact our personal injury attorneys and lawyers to discuss your situation and learn about your legal options.