Slip and Fall in Iowa Stores: When Is the Owner Responsible?

Can I Sue for a Slip and Fall Injury?

Although falls may be common, injuries sustained in slip and fall accidents can be serious. Every year, thousands of Iowans go to the emergency room because of slips and falls. Many of these individuals require hospitalization. Slip and fall accidents are one of the leading causes of brain injuries in Iowa. While slipping and falling is often a fact of life, there are many instances in which another person is responsible.

Store owners are responsible for ensuring their business is a “reasonably safe” place for shoppers. In many cases, store owners are aware of potential hazards to their customers but do not take proper steps to ensure their safety. If you or a loved one suffered injuries in a slip and fall accident in a store, there is a good possibility the owner neglected their duty to provide a safe shopping environment. In this instance, you may be able to collect compensation for your injuries. This is why if you or a loved one were injured in an Iowa store, it’s imperative you speak to a personal injury attorney.

When is a Slip and Fall Someone Else’s Responsibility?

Under Iowa law, store owners have what is called duty of care. Duty of care is a legal standard that holds land and property owners liable for certain accidents and injuries. Duty of care states that a land or property owner is responsible for taking reasonable measures to ensure visitors’ safety. To hold a store owner liable for your injuries, an attorney must demonstrate in court that the owner had a duty of care, that they violated that duty, and you were injured as a result of that violation.

Ensuring visitors’ safety means being aware of any threats to visitors’ safety and taking reasonable precautions against these threats or knowing of any potential threats. This means that even if a store owner did not know about a specific threat to guest safety but knew a threat could exist, the owner may still have violated their duty of care. For example, suppose a convenience store owner knows a particular cooler regularly leaks. In that case, they may be responsible for someone slipping and falling in the water, even if the owner did not know it was leaking that day.

Any dangerous conditions in a store might be considered a breach of duty of care. Hazardous conditions can include but are not necessarily limited to:

• Spills and Leaks
• Poorly Maintained Floors and Carpets
• Poor Lighting
• Poorly Maintained Stairs
• Overcrowded Spaces
• Products or Tools Left in Aisles and Customer Areas
• Snow, Ice, or Water Left on Walkways or in Aisles
• Poorly Maintained Sidewalks and Parking Lots

Any one of these conditions could cause someone to slip and fall, causing serious injuries. A personal injury attorney can review the facts of your particular case and determine whether the store is liable.

How Do I Prove a Store Was Responsible for my Slip and Fall?

A personal injury case can easily become a “he said, she said” situation. This is why evidence-gathering is vital. From the time you are injured, a clock is ticking. Store owners, particularly large businesses, will do everything they can to try and deflect responsibility. This may include eliminating evidence such as security camera footage or corporate records.

You must get photos or videos of the accident scene immediately. Being able to show what the scene looked like on the day of your injury could prove crucial to the outcome of your case.

Obtaining any maintenance records from the store may also be vital. Maintenance records can help establish if a store owner knows of potential dangers.

Eyewitness testimony may also prove vital in a slip-and-fall case. Third-party witnesses can be especially important in providing a judge or jury with an unbiased recollection of what happened the day of your injury and whether the store was taking reasonable precautions.

These are only a few methods of proving store responsibility in a slip-and-fall case. Our team can review your specific case and determine the best approach.

When Can I Not Collect for a Slip and Fall Injury?

There are some instances in which you may not be able to collect money for a slip and fall injury. One example is if you were trespassing. If you did not have permission to be in a store, the store owner can argue that your safety was not their legal responsibility. For example, if you were breaking into a store and slipped and fell during the commission of the crime, you would probably not be able to collect from them. The same is true if you had previously been ejected from the premises or were not permitted to be on the property for some other reason.

Another instance in which you may not be able to collect is if you contributed to your own injury. This is referred to as comparable negligence. Comparable negligence means your level of negligence is similar to that of the store owner. For instance, if you were running in a grocery store, slipped, and fell, the owner may be able to successfully argue that your running contributed to your own injuries.

You also may not be able to collect if you wait until after the statute of limitations has passed. In Iowa, you generally have a two-year window to file a personal injury case. Filing outside of these two years can result in the case being thrown out. A potential exception is if you were unaware of your injury or you only began suffering symptoms of the injury past the two-year date. An attorney can help determine if you can still file even if you are outside the statute of limitations.

What Should I Do if I Was Injured in a Slip and Fall in an Iowa Store?

Slip and fall accidents may be funny on television, but they’re no laughing matter in real life. If you or a were injured in a slip and fall accident in a store in Iowa, don’t hesitate to contact Danny Cornell today. The compassionate yet no-nonsense Danny Cornell takes slip-and-fall injuries very seriously. He carefully examines the facts of every case and builds unique strategies for each of his clients to ensure the best possible results. A former minister and member of the U.S. armed forces, Danny Cornell doesn’t like to see people get hurt and believes in holding the responsible parties liable. Your road to recovery can begin today. If you or a loved one were injured falling in an Iowa store, call Cornell Injury Law today at 319-946-4019 to schedule a free consultation.