Council Bluffs Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Iowa State Supreme Court Changes Age-Old Law Affecting Injury Suits

Sarah Cool — Fri, 12 Jun 2009 11:18:17 GMT

The Des Moines Register is reporting on a change in the law initiated by the Iowa Supreme Court. Before last week, a centuries-old provision distinguished between different classes or categories of people who were injured on others’ property. Those classes of people – people who are invited onto property (“invitees”), those people who are merely allowed on the property (“licensees”), and those that are not permitted on property (“trespassers”) – used to be treated differently. Invitees could sue over dangers that should have been known to the property owner, but licensees and trespassers could not. Although trespassers still do not have standing to sue a property owner in most circumstances (there are exceptions not discussed here), the difference between invitees and licensees has been eradicated.

In a ruling delivered on Friday, the Iowa Supreme Court reviewed the case of Valerie Koenig, a Des Moines resident. She had injured herself when she tripped over a carpet-cleaner hose in her son’s house, and sued. When the jury was instructed in her case, they were told about the difference between licensees and invitees. Koenig was a licensee, and as a result, she lost in court. But she appealed, arguing that distinguishing between invitees and licensees was outdated and did not fit the needs of a modern society. The highest court in the state agreed. Justice Brent Appel stated that the change in the law reflected “higher valuation of public safety over property rights.” Koenig’s lawyer remarked that he did not believe that the ruling would change how businesses and individuals act. However, the change in the law may serve as a good reminder to all that property owners should care for hazardous conditions on their property and warn those that visit the property of any potential danger.

The full impact of the ruling will likely reach past the jury box, where the discarded distinction between invitee and licensee has confused many. What impact it will have, and whether this kind of ruling might entice the Supreme Court to discard other “out-dated” distinctions remains to be seen.

Originally posted at InjuryBoard by Sarah Cool

Kids, Crocs, Rubber Shoes And Flip Flop Sandals AND Escalators a Bad Mix

Craig Kelley — Sat, 26 Apr 2008 01:43:00 GMT

BE CAREFUL with your young ones, rubber shoes, and sandals and escalators!

THere have been many reports of injuries involving these shoe types and escalators, especially with children.

INJURYBOARD has reprinted some great escalator safety tips at this link:

BE SAFE at those malls and airports, or anywhere you see an escalator

Originally posted at InjuryBoard by Craig Kelley

Child Dies from Innocent Back Yard Game of Tag - Is YOUR Property Safe for Children to Play Care (AND Injury-free?

Craig Kelley — Thu, 17 Apr 2008 00:30:00 GMT

Omaha police said 10-year-old Garrett Schomer was impaled on a metal rod that was protruding from a playhouse in a neighbor's yard. The incident happened just before 4 p.m. Sunday, April 13.

The metal rod struck the child in the temple area. A friend removed the metal piece from the young boy's head and a rescue squad was immediately summoned.

The boy was transported to Nebraska Medical Center where he later died. Police said he had critical head and brain injuries.

Witnesses describe the piece of metal as three-quarters of an inch thick and about 2 feet long.

Schomer was in the fourth grade at Benson West Elementary School.

The boy was playing tag with friends when the incident happened. Police said no foul play was involved. It's not clear where the metal rod came from or whether it was attached to a small wooden playhouse. All of this info was reported thru the MSNBC website.

Why is this story worthy of a BLOG? To warn all of us property owners to inspect our properties thinking like a child, to make sure that there are no open and obvious dangers that could cause serious injuries to kids just being kids.

TAKE 10-20 minutes and take a gander at your yard. I have represented parents of children who were injured on dangerous and neglected playsets, and most recently parents of a child that was badly burned when the 4-year old ran through hot ashes in a improperly=extinguished burn pile (he was also playing tag). Kids playing tag are not paying attention to their surroundings, only avoiding who is "IT."

Think like those crazed young TAG or KICK THE CAN players when you look for things that could injure a child at YOUR place, so that you never have to feel like this boy's neighbor. My 9-year old could be playing at your place.

Originally posted at InjuryBoard by Craig Kelley

If You Are Bitten Or Attacked By A Dog, You Have Rights

Craig Kelley — Tue, 15 Apr 2008 01:01:00 GMT

The Iowa dog bite/attack statute imposes liability upon dog owners for damage or injury caused by their dogs, whether by biting, attack or other means, to both people and other domesticated animals.

The Iowa law has two unique features. First, it applies when "the dog is attacking or attempting to bite a person," meaning that a person or child who is chased into the street by a dog, and is hit or run over by a car, is entitled to make a claim under Iowa law. Second, the statute provides an exception for any dogs that are "affected with rabies" if the owner had no way to learn of the illness and could not have prevented the injury. The complete statue is listed below.

IOWA STATUTE Section 351.28 Liability for damages.

The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. This section does not apply to damage done by a dog affected with hydrophobia unless the owner of the dog had reasonable grounds to know that the dog was afflicted with hydrophobia and by reasonable effort might have prevented the injury.

TIPS on Preventing Dog Bites:

Teach children basic safety around dogs and review regularly:

Do not approach an unfamiliar dog.

Do not run from a dog and scream.

Remain motionless (e.g., "be still like a tree") when approached by an unfamiliar dog.

If knocked over by a dog, roll into a ball and lie still (e.g., "be still like a log").

Do not play with a dog unless supervised by an adult.

Immediately report stray dogs or dogs displaying unusual behavior to an adult.

Avoid direct eye contact with a dog.

Do not disturb a dog who is sleeping, eating, or caring for puppies.

Do not pet a dog without allowing it to see and sniff you first.

If bitten, immediately report the bite to an adult.

Originally posted at InjuryBoard by Craig Kelley