All Laws Decoded

Sidewalk and Public Property Falls in Iowa

Who is responsible for a fall on a broken sidewalk in Iowa, the short deadline to file a notice of claim against a city or county, and limits on damages.

Short answer: Cities must keep public grounds, streets, sidewalks, alleys and bridges open, in repair and free from nuisance. Iowa Code § 364.12(2)

Sidewalk falls: who is responsibleCities must keep public grounds, streets, sidewalks, alleys and bridges open, in repair and free from nuisance. However, abutting property owners are responsible for removing natural accumulations of snow and ice from sidewalks (and may be liable for failing to do so with reasonable care), may be required by ordinance to maintain property between the lot line and the curb, and can be ordered by the city by certified mail to repair, replace or reconstruct sidewalks, with the city able to do the work and assess the cost against the property. No prior-written-notice requirement appears in this section.
Claims against a city or countyUnder Iowa's municipal tort claims law, a person claiming damages from a city, county or other municipality, or its officer, employee or agent, for a wrongful death, loss or injury must start a lawsuit within two years after the death, loss or injury (subject to the extension rules of § 614.8). The section read does not require a separate written notice of claim before suing and does not set a damage cap.
Claims against the State are under the Iowa Tort Claims Act, ch. 669 (see injury/government_claims).
Suing the governmentState: a tort claim against the State must be made in writing and filed with the director of the department of management within two years after it accrues; the time to sue is extended six months after the Attorney General's notice of final disposition in some cases. Cities, counties and other local governments: a lawsuit must be filed within two years after the wrongful death, loss or injury.
No damages cap for these claims was identified in the sections reviewed.
Deadline to sue for an injuryA lawsuit founded on injuries to the person (or reputation), whether based on contract or tort, must be filed within two years after the claim accrues.

More Iowa personal injury & wrongful death

FAQ

Who is liable if you trip and fall on a sidewalk in Iowa?
Cities must keep public grounds, streets, sidewalks, alleys and bridges open, in repair and free from nuisance. However, abutting property owners are responsible for removing natural accumulations of snow and ice from sidewalks (and may be liable for failing to do so with reasonable care), may be required by ordinance to maintain property between the lot line and the curb, and can be ordered by the city by certified mail to repair, replace or reconstruct sidewalks, with the city able to do the work and assess the cost against the property. No prior-written-notice requirement appears in this section.
How long do you have to file a claim against a city or county in Iowa?
Under Iowa's municipal tort claims law, a person claiming damages from a city, county or other municipality, or its officer, employee or agent, for a wrongful death, loss or injury must start a lawsuit within two years after the death, loss or injury (subject to the extension rules of § 614.8). The section read does not require a separate written notice of claim before suing and does not set a damage cap.
How do you file an injury claim against the government in Iowa?
State: a tort claim against the State must be made in writing and filed with the director of the department of management within two years after it accrues; the time to sue is extended six months after the Attorney General's notice of final disposition in some cases. Cities, counties and other local governments: a lawsuit must be filed within two years after the wrongful death, loss or injury.
What is the statute of limitations for personal injury in Iowa?
A lawsuit founded on injuries to the person (or reputation), whether based on contract or tort, must be filed within two years after the claim accrues.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.