Injury Suits Distinction Discarded

Friday, June 5th, 2009

A lawsuit was filed by Valerie Koenig, a woman living in Des Moines who tripped in her son’s house over a carpet-cleaner. She sued due to suffering a leg injury. However, she lost in a Polk County court. Consequently, she appealed, saying that the judge relied on jury instructions already outdated in modern society.

In the past, property owners need to warn allowed visitors and invited visitors on potential dangers. Those who were invited to the property could sue if the owner failed to warn them of these dangers. However, those merely allowed to visit (or “licensees”) could not.

This centuries-old provision that differentiates between people invited onto private property or those merely allowed to visit has been dissolved by the Iowa Supreme Court. The lawyers said that the decision eliminated an outdated rule leading to confusion among jurors as well as conflicting results in courtrooms.

Justice Brent Appel described the ruling on Friday as a “higher valuation given to public safety as compared to property rights.” As a result, justices returned Koenig’s case to Polk County to undergo a new trial. If she can prove that her son showed “general negligence,” then she could have a good chance of winning the case.

Tags: Des Moines, Injury, Justice Brent Appel, lawsuit, leg injury, licensees, personal injury, Polk County court, Valerie Koenig
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