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| LUTHENS LAW OFFICES |
| Des Moines Office |
| West Towers Building , Suite 206-24 |
| 1200 Valley West Drive |
| West Des Moines, Iowa 50266 |
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| Colfax Office |
| Luthens Law Building |
| Eight West Howard Street |
| Colfax, Iowa 50054 |
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| Telephone: (866) 579-3816 |
| Email: info@luthenslaw.com |
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| The workers compensation & personal injury claims and settlement attorneys at the Luthens Law Offices, P.C. are dedicated to serve their clients in central Iowa, including the cities of West Des Moines, Colfax, Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, and Des Moines counties. |
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PREMISES LIABILITY | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS
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I. General Information on Premises Liability
II. Types of Premises Liability
A. Property Safety
B. Punitive Damages
C. Trespassing Children
D. Slip and Fall
E. Dog Bites
F. Elevators
G. Swimming Pools
H. Stadiums
I. Scope of Employment
J. Independent Contractors
K. Negligent Hiring and Retention
L. False Arrest and Imprisonment
N. Malicious Prosecution
O. Libel and Slander
P. Emotional Distress-Negligent or Intentional
III. Owner vs. Landlord Responsibilities
IV. Criminal Acts of Third Parties
A. Anticipation of Criminal Acts
B. Failure to Act
C. No Liability Situations
V. Alcohol Liability
VI. Governmental Immunity |
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Governmental Immunity
Sidewalks, roadways, parks and other public areas are often sites of accidents and injuries. If there is a flaw on the public property, or repairs have not been completed, members of the public may be injured. If the accident or injury related to the property itself was privately owned, the owner would be liable. Public property is regulated by a different set of laws. Sovereign immunity, or governmental immunity, is where no governmental body can be sued unless it gives permission2. These laws stemmed from days when kings set the rules, and was negated by the Federal Tort Claims Act relating to federal concerns and state waivers in each individual state, allowing certain cases.
If you are a victim of a crime on public property that is committed by someone who is not a public employee (including police officers and firemen) on duty, neither Federal nor State governments may be held responsible. Limited exceptions apply to law enforcement officers.
The FTCA does allow monetary damages, but they are only for specific amounts. The procedures for filing a claim against the federal government law, and this also may be determined largely by the laws of the individual state. Before a lawsuit may be filed, written claims must be submitted. Premises liability laws are unique and have rules and requirements that vary from state to state. Experienced premise liability attorneys will be able to assist you to determine if you have a premises liability case if you have been injured on public property.
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
Copyright © MMVII JAKOBIE
If you would like to schedule a free initial consultation contact an attorney representing clients in Cedar Rapids, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com.
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