Property owners must make a reasonable effort to maintain their property and to keep it safe from any dangerous conditions on the land. They must also warn others of any defective conditions with which the property owner should reasonably know about.
In both Iowa and Illinois, an individual injured on another person’s property due to an unsafe or defective condition on that property, and who was lawfully able to be on that property, may have a premises liability claim against the property owner.
To prevail with a premises liability claim, one must show that the property owner must have been negligent in failing to upkeep the property, and as a result of that negligence, the individual was injured on the property. It is also necessary to show that the property owner knew or should reasonably have known that there was an unsafe condition on the land, and still failed to fix the defective condition.
Common examples of premises liability claims include loose or broken floors or steps, falling objects, insufficient lighting, inadequate security, fires, toxic fumes, concealed holes, and flooding. Damages include past and future medical expenses, past and future physical and mental suffering, past and future disability, and any loss in income as a result of the injuries. In certain circumstances where the owner’s actions showed malice, or extreme recklessness, the victim may also be entitled to punitive damages.
Tags for this legal blog article: Premises Liability