Slip, Trip and Fall Injuries in Iowa
When a store, landlord or property owner in Iowa is responsible for a fall, falls on ice and snow, how fault is shared, and the deadline to sue.
Short answer: Iowa no longer divides lawful visitors into invitees and licensees. In Koenig v. Koenig (2009) the Iowa Supreme Court abandoned that distinction and held that owners and occupiers owe lawful visitors a duty to exercise reasonable care in maintaining their premises, judged by factors such… Koenig v. Koenig, No. 07-1586 (Iowa June 5, 2009)
| Slip and fall: property owner's duty | Iowa no longer divides lawful visitors into invitees and licensees. In Koenig v. Koenig (2009) the Iowa Supreme Court abandoned that distinction and held that owners and occupiers owe lawful visitors a duty to exercise reasonable care in maintaining their premises, judged by factors such as the foreseeability of harm, the purpose of the visit, the time, manner and circumstances of entry, the use of the premises, the reasonableness of inspection, repair or warning, and the burden of providing protection. The court expressly did not decide whether the separate common-law rules for trespassers still apply. Iowa Civil Jury Instruction 900.1 (Iowa State Bar Association) was not read. |
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| Falls on snow and ice | For public sidewalks, the owner of the property next to the sidewalk (the abutting owner) is responsible for removing natural accumulations of snow and ice within a reasonable time and may be liable for damages caused by failing to use reasonable care in removing it; the injured person must prove actual damages, and all legal and equitable defenses are available to the owner. A city's general duty to keep sidewalks in repair does not include removing natural accumulations of snow or ice, except where the city itself is the abutting owner. Source: Iowa Code § 364.12(2)(b) |
| Sidewalk falls: who is responsible | 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. Source: Iowa Code § 364.12(2) |
| Claims against a city or county | 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. Claims against the State are under the Iowa Tort Claims Act, ch. 669 (see injury/government_claims). Source: Iowa Code § 670.5 |
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person's own fault does not bar recovery unless it is greater than the combined fault of the defendants, third-party defendants and released persons; damages are reduced by the injured person's percentage of fault. Source: Iowa Code § 668.3 |
| Deadline to sue for an injury | 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. Source: Iowa Code § 614.1(2) |
More Iowa personal injury & wrongful death
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- Wrongful Death Lawsuits in Iowa
- Medical Malpractice Rules in Iowa
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- Dog Bite Liability in Iowa
- Sidewalk and Public Property Falls in Iowa
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FAQ
Who is responsible if you slip and fall on someone's property in Iowa?
Iowa no longer divides lawful visitors into invitees and licensees. In Koenig v. Koenig (2009) the Iowa Supreme Court abandoned that distinction and held that owners and occupiers owe lawful visitors a duty to exercise reasonable care in maintaining their premises, judged by factors such as the foreseeability of harm, the purpose of the visit, the time, manner and circumstances of entry, the use of the premises, the reasonableness of inspection, repair or warning, and the burden of providing protection. The court expressly did not decide whether the separate common-law rules for trespassers still apply.
Can you sue for slipping on ice or snow in Iowa?
For public sidewalks, the owner of the property next to the sidewalk (the abutting owner) is responsible for removing natural accumulations of snow and ice within a reasonable time and may be liable for damages caused by failing to use reasonable care in removing it; the injured person must prove actual damages, and all legal and equitable defenses are available to the owner. A city's general duty to keep sidewalks in repair does not include removing natural accumulations of snow or ice, except where the city itself is the abutting owner.
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.
Can you recover damages if you were partly at fault in Iowa?
Modified comparative fault (51% bar). An injured person's own fault does not bar recovery unless it is greater than the combined fault of the defendants, third-party defendants and released persons; damages are reduced by the injured person's percentage of fault.
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.