Iowa Edict - Commentary on Injury & Accident Law

Question: Is a store liable if my mother fell and broke her hip? My mother recently broke her hip at the grand opening of a supermarket when she was directed by an employee to an auxiliary exit that had a curb without any markings or paint on the ground. She is not looking for any more than her out of pocket co-pays and lost salary which would total about $1500-2000. She realizes she shares responsibility but is the store liable for not painting the curb?

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A class action has been certified in Iowa against a lower-income apartment complex by about 300 residents. According to the Des Moines Register article the plaintiffs are asserting claims for “back rent, lost property and other hardships because of a bedbug problem stretching back to late 2007.” Bed bugs are brought in by a tenant and when discovered the landlord is required to treat the infected areas of the building. Costs can be upwards of $1,000 per apartment. Treatment is by chemical or 120-degree heat. Delaying treatment is really not an option. Companies that manage large complexes are checking for bedbugs at the end of a tenant’s lease. The check is made with dogs that sniff out their presence by smelling pheromones the bedbugs give off. For more information about bedbugs go to www.badbedbugs.com. 

It may be that checking at the end of each lease term will help identify the host tenant and we may see landlords suing the host tenant to recover the costs associated with cleaning up the building and for lost rents. A clean bill of health via a dog sniffing certification may be required to prove the case. 

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The dangers of Anhydrous work - In Pilot Mound, Iowa a Boone County farmer died a 74-year-old man, Richard Shaw died after exposure to anhydrous ammonia leaking from a faulty hose. It’s the nitrogen that makes good fertilizer but it can also cause skin, eye and lung damage when a person is exposed to it. As the Des Moines Register article points out accident prevention is about maintenance. If this man were an employee his widow would be entitled to workers’ compensation benefits, assuming the farmer bought the coverage. Buying workers’ compensation insurance can be an inexpensive way to ensure life, limb and medical care. Get a quote for your own and your spouse’s sake.

Grade School Bus Accident - In Janesville, Iowa an 11-year-old boy, Justin Bradfield got off the bus, dropped something and then ran in front of the bus, was struck and killed. The driver is not being charged, at least not yet, the article indicates the matter continues to be under investigation by the Iowa State Patrol. Questions about the driver’s focus and understanding of which way the boy would normally head home will be of interest. A photograph of young Justin can be seen by following this link. That article discusses the Kensett school bus death from May 10, 2011 involving Aaron Gunderson, 32 of Northwood. The article indicates vehicular homicide charges by operating a motor vehicle while intoxicated and then leaving the scene of an accident can be criminal sanctions for this type of accident. Drivers always have to keep a watchful eye on disembarking students.  Update: No charges are expected against the bus driver or the school. 

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In 2010 I wrote two articles about cooking methamphetamine and the risks of an explosion and fire. On Youtube there is dramatic footage of buildings exploding from the combustion processes involved with the manufacture of meth. In Iowa's latest news report I’m reminded once again about the dangers to neighbors where meth is being processed. For those living in the vicinity of a suspected meth lab, call law enforcement, after all your life or your kid’s life may depend on it.

In a recent case two people were sentenced to long prison terms for this very thing. See Iowans sentenced in meth case stemming from fire, Fort Dodge, Iowa, The Messenger. Aug. 30, 2011.

For more information search Youtube for “methamphetamine explosions”. 

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The issue in this next case is pretty straightforward, but the outcome is anything but that. A contractor has an accident but he doesn't have the right insurance coverage. So he sues his insurance agent for not placing the right coverage. The contractor loses the case against Farm Bureau because the insurance agent has no legal duty to select coverages. What we have is the insurance industry saying one thing and doing another. Watch the video of the Farm Bureau commericals and ask yourself if they hold themselves out to be experts on what you need for insurance coverage. Does FB say they offer expert advice?  Then consider the decision in Merriam that says they don't have a duty to do so because they aren't experts in selecting insurance coverage. Isn't that exactly how FB holds it'self out? You be the judge.

What about that "knowledge you can count on" pledge? After Merriam it sure seems to ring hollow.

Remember those Farm Bureau agents saying they make insurance simple? Here get caught up and listen to the agents telling you how simple they make insurance so you can feel good about your future; and then there is the make simple by providing knowledge you can count on. As you listen ask yourself if somewhere in there, there is a promise.

http://www.youtube.com/watch?v=BFMnwpw-LLg

Here listen again to the Farm Bureau insurance made simple pledge and then let’s see how it plays out in real life.

http://www.youtube.com/watch?v=P4DHSGeuQQE

Remember what you just heard. Come on it's all pretty simple to remember. Basically you can trust us to make it simple for you. Got it?

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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.

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What's wrong with this picture? Your daughter says she just bought a car from the local used car dealer; she's already signed the papers, but never drove it and never even thought of looking under the hood to see what the engine looks like. She tells you she spent $10,000 buying it. What do you say to her when she asks you if it is a good deal?

Well, being a father I can imagine what you're thinking. Hang in there with me for a moment because this is really about you. As a lawyer let me ask you a question: How is her buying that car any different than the what most of us do when buying a condominium or a townhouse?

The "normal" way people buy a condo or townhouse.

The real estate agent shows you a condo or a townhouse and tells you all about what a good deal it is. They provide the bare bones disclosures required by law and you make an offer to purchase, negotiate and then buy it. You did all of that without knowing anything about the financial well-being of the homeowners' association. (HOA) All the while you want to trust the integrity of the realtor. You paid for professional services, which you assumed meant the realtor was there to protect you; but were you protected?

Did the realtor protect the buyer or the seller? Who protected you the buyer?

Let me be of some assistance with your next purchase, because there is big trouble coming for many HOA boards and chances are it will be dropped right on your doorstep. There is a lot of flooding going on in Iowa and it provides a good opportunity to explain to you a defect in the way you buy real estate.

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