Injury Caused by Property Defects and by Animals

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com.
Steve Lombardi, Attorney

Personal injury that occurs because of a defect in the property is covered under premise liability law. The hurtful event can be a slip, a trip or a fall. It can be something falling onto a person. Or an electrocution or gas explosion. It might be a person being injured by a moving object. Injuries caused by the owner or the owner's family, to another might also be covered. The coverage under your homeowner's insurance policy is pretty extensive. For instance a school related activity that injures another student might be covered under your homeowner's insurance policy.

Defects are something that is wrong with the property that makes it dangerous. Some dangers are obvious, others hidden or as they say, latent. Activity by a person can also be considered a covered activity.

I fell on someone else’s property; what to do?

Practicing personal injury law in the Midwest provides the opportunity for many potential clients who have been injured on someone else’s property. The winter ice storms, snow storms along with melting and refreezing creates hazardous conditions for pedestrians. Most people won’t call a lawyer for minor bumps and bruises but those with broken ankles, wrists, arms or ruptured discs will call the lawyer’s office. The problems I see with these cases are varied although there are a few main categories that deserve discussion.

First understand that you have to prove there was an unreasonably dangerous condition (UDC) that existed on the property. Depending on the use of the property that UDC can take several forms. For instance, if it’s a store where customers are invited to visit, expected to visit and is purposefully distracted with advertisements, then the proprietor is required to anticipate customers will not necessarily recognize and protect themselves from icy conditions. Because the store owner can anticipate this it requires some action on the store owner’s part; sand and salt along with keeping sidewalks clear of ice and snow. If the icy condition is especially difficult to clear then a warning sign, such as the yellow bi-fold sign you see janitor’s use, may be required. The way the law works is the person with the duty must first attempt to make the condition less dangerous and if that’s not possible then to warn those expected to come into contact with it.

While we are discussing conditions let’s talk about artificial conditions. Have you ever seen a downspout that empties right onto a sidewalk? Yeah, me too. The problem occurs with roof ice melting then draining down the spout and refreezing on the sidewalk. That’s known as an artificial condition or man-made condition, which creates a risk. But for the man-made condition the risk would not exist. But for the condition being obvious this is one of the easier ways in which to establish landowner liability.

So what do I normally hear from clients concerning the accident location? About ninety-percent say the same thing. Most everyone says it was slippery or slick. Well folks most of the Midwest is slippery after a storm. Just saying it was slick or icy isn’t enough to prove liability. Slippery conditions existing outside, in the Midwest states during the winter months, isn’t in and of itself, a property defect. And yes, you still have to prove there was a legal defect in the property; or some condition that is unreasonably dangerous. Just testifying you fell and were hurt won’t be enough.

So how do you prove a property defect? More specifically, how do you months later prove a defect long after the snow and ice have melted? To understand the problem let’s go back to the instance after you’ve fallen. Most people are embarrassed, quickly get up, dust themselves off and try to escape the situation. Okay, after falling you’re embarrassed. First you need to get over it and see how you feel. If there is a broken bone or it feels like there is broken bone you need medical attention. But realize that the minute after you leave to get medical attention the attendant employee will run outside and alter the situation with ice melt or sand. So if you’re with someone, a potential witness, ask them to survey the situation along with you. What do you see? Note specifically the size of the icy spot where you fell, the source of the ice, whether it’s from an artificial condition, whether anyone has put sand or ice melt down and the extent of the conditions. By that I mean how large is the icy patch and did the proprietor take any precautions to protect the store patrons from slipping on ice? Is there a warning sign drawing the customers’ attention to the fact that icy conditions may exist and be hidden?

At the accident scene in general people are not likely to be thinking about suing anyone. It’s human nature to be first forgiving. I understand human nature; after 28 years I also appreciate the nature of the insurance business. Deny, deny and deny some more. You see it’s up to the injured person to be able to prove liability. That means if you have a cell phone camera or any camera for that matter, take it out and take some pictures. Don’t be embarrassed or ashamed. Just do it. If anyone says anything to you ask for their name and contact information because sooner or later you’ll need independent witnesses and this is as good a time as any to preserve who those witnesses might be.

Remember, it’s YOUR responsibility to prove liability. Just falling and getting hurt on someone’s property won’t be enough to trigger coverage under the liability portion of the policy. Contacting a lawyer in June about something that occurred in February makes proving your case next to impossible.

Teenagers Slip and Fall on Ice – Shows generally - Worker - Security Camera

Sometime in the future I’ll discuss interior conditions that may be considered to be unreasonably dangerous. Until then here is a video clip that might help you.

Slip and fall or trip and fall cases are very different; these types of cases aren't easily proven. Probably ninety-percent are turned away as un-provable. The intention of this article is to let you know just how difficult the law is regarding liability. Most lawyers would rather you stay safe; so protect yourself and keep a watchful eye for situations that can cause you injury.

ANIMALS

An injury caused by an animal is in America considered a property-type of injury because animals are the property of their owners. So if you (or your child) are injured by an attacking dog, a bucking horse or a cow in the middle of the road you are at the right place for answers. Snakes, Burmese Pythons seem to be a very popular pet in the southern United States. I'm not sure what pet's would be popular and considered exotic to Midwesterners.

Dogs that seem to be in the news and involve personal injury include pit bulls, Rottweilers, Bullmastiffs, Boxers and Doberman Pinschers. Wikipedia has a list of the people killed by dogs in the United States along with a description of the dates of death, the type of dog breed and the circumstances leading up to the death. Some sources estimate in America there are about 30 deaths per year caused by dog attacks.

What is running at large? The law talks in terms of animals running-at-large and that simply means the animal isn't under the immediate control of the owner, not properly restrained, penned in or caged.

What is the one-bite-rule? This rule no longer is applicable in Iowa. The owner of a pet was previously allowed the benefit of a rule requiring them to be placed on notice of their pet's dangerous propensities. Simply stated the pet's owner was not on notice of the danger their pet posed to people until it attacked someone. This rule of law has been eliminated and pet owners simply have a duty to control their animals.

In my thirty-plus years of practice I've come across many animal-related lawsuits. Dogs, horses, cattle, cows, bulls, cats, snakes and pigs have all caused personal injury or death in some way or another. We own two dogs, Oreo and Molly two very lovable female Cocker Spaniels.

Iowa's laws concerning animals is listed on other sites. One is the Animal Legal & Historical Center through the Michigan University College of Law. There is a nice summary of Iowa's dog laws on that site. There is an overview of state dog leash laws as well. One area of the law not covered would be individual city or town ordinances; that is too particular and would require case specific research. So follow the link. If you've been injured by an animal or just have a question send us an email at sdlombardi@aol.com or telephone us at 515-222-1110.

American Pet Products Association
Animal Legal & Historical Center

Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. We attempt to provide information that makes you more aware of how to avoid injury and death. We are here to assist you to stay safe. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses from many types of accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

Steve Lombardi, Attorney

Blog for Injury - Property Defect-Animals

Library for Injury - Property Defect-Animals:

Iowa DPS Free Smoke Detector Program [PDF]
As the 100 year anniversary of the Office of the State Fire Marshal approaches, it is
the goal of the fire service to check for and install at least two working smoke detectors in
100% of the homes of Pre-K and elementary age students in the State of Iowa. Teams
trained by the State Fire Marshal’s Office will come to each home and install or replace
your current smoke detectors with dual sensor smoke detectors, This “100 Years,
100 Percent” Smoke Detector Project is supported by donations and there is
NO COST to participants.
Free Smoke Detector Installation by the Iowa Fire Marshall's Office [PDF]
Yes you read that right; you can get up to two free smoke detectors installed by the Iowa Fire Marshall’s office in a residence in Iowa. That’s a pretty sweet deal. How can you go wrong? You can’t so get off your fanny and contact them. The only requirement is that a child younger than junior high live there.

WHY IS A WORKING SMOKE DETECTOR VITALLY IMPORTANT TO YOUR FAMILY'S SAFETY?

There is always a delay from the time the fire starts until the fire fighters arrive. Obviously the quicker your family receives a warning the sooner they can get safely out of the burning house. That means you need some system in place for an early warning. The significance of operable smoke detectors should be clear. Yes? No? If no, then go back and reread what I just wrote.
Iowa Dam Safety Program [PDF]
Iowa Dam Safety is important for homeowner associations and residents living in the area surrounding a lake or below a dam.
Summary of Legal Rules Governing Liability for Recreational Use of School Facilities [PDF]
The recent drowning of two boys at the City of Pella public swimming pool should make you wonder if government should be providing these types of services and if private enterprise is better suited to spread the risks associated with running it improperly. We provide a summary link to legal rules or the laws allowing the avoidance of responsibility for running a dysfunctional swimming pool program.
Iowa’s Deficient Bridges - 2008 Report [PDF]
Do you ever wonder about the safety of driving over a bridge in Iowa? If you knew the state of disrepair of our infrastructure it might scare you to do something when state officials waste state resources rather than commit those resources to repairs, replacement and maintenance.
Iowa Fire Deaths: Landlords, Tenants and Homeowners – Get your act together.
In Iowa fire related deaths kill between about 30 people every year. Smoke detectors would save many of those residents, apartment dwellers or home renters. In this article Steve Lombardi addressed the Code requirements for smoke detectors in Iowa.
Iowa Fire Deaths: Landlords, Tenants and Homeowners – Get your act together. [PDF]
House and building fires in Iowa have killed 19 people since January 1, 2009. Four more people died just this past week. During all of 2008 there were just nine. In 2007 there were 30 and 2006 33 fire related deaths in the State of Iowa.

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Frequent Questions for Injury - Property Defect-Animals:

Videos about Injury - Property Defect-Animals:

Wal-Mart worker killed when crowd of Black Friday shoppers trampled him

Trench Collapses On Pittsburgh Man

Web Resources for Injury - Property Defect-Animals:

"Does my state have a dog leash law?"
Description:
This link provides very good information. It's being monitored by the law school at the University of Michigan and answers a lot of questions about dog leash laws. Here is their Introduction, which will give you a sample of the quality.

I. Introduction to Leash Laws

A simple question among dog owners and the public alike does not always lead to a simple answer. Such is the case with leash laws. Many people assume that their state has a mandatory leash law, while in truth only a few states have comprehensive leash requirements. While leash laws at the state level are few and far between, many states have state impound laws for loose dogs (see Detailed Discussion of Dog Impound Laws). Thus, a situation is created where a state may not require that owners put leashes on their dogs, but any dogs found roaming loose are subject to impoudment or may even be killed on sight.

The simple reason for the confusion lies with the division of power between state and local authorities. As discussed in the general police powers essay, the authority to regulate dogs often lies with local, or municipal, government (see Detailed Discussion on State and Local Dog Laws). This stems from two reasons. First, there are issues, such as the health, safety, and welfare of the general community, that state governments feel are better addressed at the local level. After all, local governments are assumed to have a firmer grasp of what the local community needs. Second, as with any lower branch of government, there is always an inherent tension in the struggle for power. Local units desire some level of self-governance, and state constitutions or statutes often provide for this level of control. As a result, state laws often grant local cities, townships, villages, and counties the power to adopt local laws (called ordinances) to deal with animal control. This is the norm rather than the exception in most states.

That being said only two states, Michigan and Pennsylvania, actually mention or suggest the term "leash" in their overall state leash laws (although see below for a debate on whether the Pennsylvania law actually mandates a leash). This overview attempts to briefly analyze the various types of state leash laws by giving examples to specific state laws. In doing so, the states thought to have "true" leash laws are discussed first. The article then covers those states that indirectly mandate restraint for dogs by outlawing loose dogs ("dogs at large"). State laws that give municipalities the right to adopt referendums or ordinances that require leashes are discussed as well as those state laws that require leashes in specific locations, such as beaches, parks, schools, and protected natural areas. Finally, this overview briefly touches upon those states that have adopted comprehensive codes for the regulation of dogs that are deemed "dangerous" or "vicious."
Firefighter News
Description: This site provides firefighter news and a blog along with resources for fires and firefighting. It's a great site with a nice design and full of information. Obviously up to date and well cared for on a daily basis.
National Dam Safety Program
Description:
Program Improvements

Improvements in dam safety in Iowa are directly related to the NDSP grant; without it the seventy-five dam inspections in 2001

would not have occurred. As the inspection season winds down, the Iowa staff plans to make site visits to dams in and around the rapidly urbanizing areas of the state in order to look for changes in hazard classification. Also planned are a dam owner's maintenance manual (guidance sheets) and preparation of dam breach inundation mapping.

Future Challenges

The National Dam Safety Program has improved the safety of Iowa's dams. Prior to the NSDP, the state's level of funding and staffing was inadequate to complete required flood plain management and dam safety duties. Funding for repairs is a constant concern. Local entities have undertaken considerable planning and design activity in concert with the NRCS for structure rehabilitation under the Small

Watershed Rehabilitation Amendments of 2000. However, without the appropriated funding the repairs may occur well into the future, if at all.

Iowa Dam Safety Program Statistics

1998-2001 (Annual figures)

1998: Prior to implementation of the NDSP

2001: Four years after implementation of the NDSP

1998 2001

Staff 0.3 0.5 full time 4 part time

Budget $25,000.00 $165,000

Inspections completed/yr** 1 75

State-regulated high 69 75 hazard potential dams

EAPs on file - high hazard dams 0 Unknown

State-regulated significant 169 176 hazard potential dams

EAPs on file - significant 0 Unknown hazard dams

Total
See Lyle E. Schneider, et. Al. vs State of Iowa, No. 07-0887, September 3, 2010, Iowa Supreme Court
Description:
Twenty-six business and property owners from Denver, Iowa are proceeding in Bremer County District Court in their lawsuit against the State of Iowa saying when the State of Iowa redesigned the U.S. Highway 63 bypass and bridge project state employees could not choose to ignore state regulations that required the bridge to stand free of the floodway. The owners lost before the Iowa District Court and before the Iowa Court of Appeals, but then were victorious before the Iowa Supreme Court. The property owners claimed their properties flooded in 1999 due to the bridge and road redesign. That redesign caused water from Quarter Section Run Creek to "back up" and infiltrate parts of the town that otherwise would not have flooded. The evidence is reported to show water levels in some areas was three feet higher then it would have gotten without the project.

The lesson here to real estate owners is to know what is going on with roads and levees and historically how it affects where flood waters go.

See, Supreme Court: State can be sued over '99 flooding, by Grant Schulte, Des Moines Register

Just the facts:

Opinion (Decision): See Lyle E. Schneider, et. Al. vs State of Iowa, No. 07-0887, September 3, 2010, Iowa Supreme Court

Attorney for Plaintiffs is John J. Hines of Dutton, Braun, Staack, Hellman, P.L.C., Waterloo, for appellants.

Attorney for the State of Iowa is Thomas J. Miller, Attorney General, and Robin G. Formaker and Richard E. Mull, Assistant Attorneys General, for appellee.

Plaintiffs: LYLE E. SCHNEIDER, PAUL S. KURTZ and SHIRLEY J. KURTZ, GENE J. PETERS, STERLING TOPS, INC., ROBERT W. BONORDEN and DEANN M. BONORDEN, GERALD W. PETERSEN, RICHARD R. KANE and DEBRA K. KANE, MARK A. DOEPKE and MICHELLE L. DOEPKE, GLORIA M. KNAPP FREILINGER, RUDY BUSCH d/b/a RUDY'S SALES AND SERVICE, PAUL R. BEEM and STACIE L. BEEM, DAVID J. FINK and DEB FINK, DAVIK'S AUTO BODY/DENVER OIL COMPANY, RANDALL-MARTA BENDER d/b/a BENDER

ENTERPRISES, INC., TOMMIE BRETTMANN d/b/a DENVER MILL, BYRON D. DAVIS and JANE P. DAVIS, DAVIS FARM AND AUTO, INC., WILLIAM BUSS d/b/a DENVER CONSTRUCTION, INC., and MIKE WOOLDRIK, as Executor of the Estate of ROBERT WOOLDRIK.

The Supreme Court decision is available by following this link. Or online.

The District Court case docket shows Bremer County as the venue, Docket No. 02091 LACV002350. Click on filings for more detail of the docket entries.