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What Your Landlord is Liable for Against Personal Injury

Robert Stahle • July 13, 2020
A judge 's gavel is sitting on top of a law book

If you are a renter in an apartment building who becomes injured due to negligence on the part of your landlord, you are likely able to file a personal injury lawsuit against them. State law requires that landlords keep their properties in reasonable repair, safety, and fit for the use of tenants. All common areas such as parking lots must remain fit for their intended use. Failing to do so, followed by an injury to a tenant, can be cause for landlord negligence.

At Fitch & Stahle Law Office , our team of professional Siouxland personal injury attorneys represent renters in landlord negligence cases in both Iowa and Nebraska. We have a deep understanding of personal injury law and can help you understand the circumstances under which it would be appropriate to file a personal injury claim against your landlord.

Broken Railings

One of the most common reasons for landlord negligence is that the railings in the apartment building are broken. This can occur in both single-family homes and multi-tenant rental units. What tends to happen is that nails, screws, and fasteners go missing from years of neglect, and the entire rail breaks apart from the wall. This can be an extremely dangerous event because it can cause the user to lose balance and fall down the stairwell, leading to serious injuries.

Failure to Remove Ice and Snow

Here in Siouxland, ice and snow in the winter is a common occurrence. If your landlord fails to remove the accumulation in a timely matter, it can lead to injuries incurred when a person slips and falls on the ice.

Crumbling Steps

Steps that are aging and decaying can be a hazard for tenants. When exposed to the outdoor elements, steps made of wood and cement can wear and tear over time and even snap in half. If they break when somebody is walking on them, it can lead to serious injuries.

When is the Landlord Liable for Tenant Injuries?

When it comes to avoiding issues like the above, landlords have a duty to properly maintain common areas, warn of hidden dangers which they are aware of, and make safe furnished dwellings on short term leases. For there to be landlord liability in cases such as these, the following things must be proven:


  • The landlord had a duty to fix the dangerous condition and breached his duty by not fixing it in a reasonable amount of time.
  • Fixing the issue would not have been unreasonably expensive or difficult.
  • The cause of the injury was the landlord’s failure to repair the dangerous condition.
  • The injury that resulted was serious and foreseeable
  • The landlord’s negligence directly caused the injury

Siouxland Personal Injury Attorney

Personal injury can have a physical, emotional, and financial impact on your life. Our team of personal injury attorneys at Fitch & Stahle Law Office are experienced in providing strong legal guidance for personal injury situations such as landlord negligence, automobile accidents, and animal bites. We will work to defend what you deserve, including medical bills, lost wages, and payment for any suffering caused.

For more information about landlord negligence, call our attorneys at (402) 494-3012.

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What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.