Iowa Legal Issues Blog

Are you ready for the start of motorcycle season?

On behalf of Ball, Kirk & Holm on Friday, April 12, 2019.

If you don't personally drive a motorcycle, you likely spend very little time thinking about their presence on the road. However, with the warmer seasons quickly changing road conditions here in Iowa, it won't be long before seasonal motorcyclists take to the streets. After storing their bikes all winter, most motorcycle riders are anxious to get back on the road again.

Even if you never intend to ride any kind of motorcycle, you need to remind yourself of their presence on the road. Doing so can help keep you as well as the people on the motorcycles in traffic safer. You can't just assume that you will notice a motorcycle if you cross paths with it. Instead, you need to proactively stay on the lookout.

Taking action after an injury on vacation

On behalf of Ball, Kirk & Holm on Thursday, March 28, 2019.

When you have worked hard all year, it is likely that you have saved money for a great vacation with your family and friends. Naturally, you will have been looking forward to having a relaxing time and sharing exciting experiences.

Even if you took out travel insurance, it is unlikely that getting injured while on vacation will have been on your mind. However, unfortunately, accidents can happen wherever you are in the world. If you had to seek medical attention as a result of your accident while on vacation in Iowa or elsewhere, it is likely that you were subject to significant medical bills. In addition, you will have experienced a great deal of pain and suffering at a time when you should have been enjoying yourself.

When does a liability waiver from a dangerous sport not matter?

On behalf of Ball, Kirk & Holm on Wednesday, March 13, 2019.

The desire for excitement and adventure is common in humans of all ages. However, kids, teenagers and young adults are the most susceptible to the allure of dangerous activities. Many modern businesses seek to capitalize on that enjoyment of danger by offering a thrilling or exciting experience to customers or visitors.

In some scenarios, such as a visit to an amusement park, each attraction is subject to careful scrutiny during engineering and is therefore widely recognized as safe. In other environments, the adventure may come at greater risk to the participants. Skiing or snowboarding, parasailing, rock climbing and trampoline park visits are all examples of activities that are both fun and incredibly dangerous.

Taking action after an injury at a climbing center

On behalf of Ball, Kirk & Holm on Tuesday, February 26, 2019.

Bouldering and indoor climbing can be great activities for families. It is an opportunity to get active with your loved ones and try something new. When you learn to climb, you will probably be doing so with the help of an instructor in a center. The instructor has the responsibility to ensure that all parties are kept safe at all times, and that the correct equipment is used.

Bouldering difficulties are rated at differing stages, and it is important that all those learning to boulder do so at the appropriate stage for them. Instructors need to warn all those participating in any form of rock climbing or abseiling the dangers of the activity. If you or your child has been injured while at a climbing center, you may want to consider taking action to gain the compensation that you deserve for the injury.

Making a medical malpractice claim after plastic surgery

On behalf of Ball, Kirk & Holm on Tuesday, February 12, 2019.

If you have recently undergone plastic surgery that resulted in complications, you may be wondering whether you can take action as a consequence of the upsetting experience. All medical professionals have the legal duty to treat you with competence and care. If you feel that your treatment fell short of this mark, you may be able to successfully file a medical malpractice claim.

Many types of surgeries can count as plastic surgeries, from rhinoplasty and breast augmentation to skin peels and laser hair removal. It is important that prospective patients do their due diligence in selecting a surgeon whom they feel they can work with and who understands their needs before moving forward.

The differing forms of medical malpractice

On behalf of Ball, Kirk & Holm on Wednesday, January 30, 2019.

Medical professionals in Iowa have a high duty of care toward their patients. The actions of doctors, nurses and surgeons can affect a person's life indefinitely, therefore, they must always act with complete competence. Unfortunately, sometimes mistakes occur in the medical field, just as in any other profession. While some of these mistakes could not have been prevented by even the most experienced of doctors, other mistakes may be seen as negligent. They could be subject to a medical malpractice claim.

If you have suffered as a result of what you believe to be a medical professional's negligent actions, you may want to consider taking action. If you want to do this, it is important to understand the different categories that medical malpractice lawsuits tend to fall into, so that you can learn whether your situation might qualify.

Trampoline parks are linked with an increase in child injuries

On behalf of Ball, Kirk & Holm on Monday, January 14, 2019.

Many parents in Iowa are choosing to take their children to trampoline parks or "bounce houses" to have fun and burn off some energy. Trampoline centers can be a great way to enjoy the weekend and get some exercise, especially during the cold winter months. However, as a parent, it is important that you are aware of the possible dangers of trampoline parks, and the ways in which many parents are deciding to take action as a result of these injuries.

It has been reported that a link has been found between the growing popularity of trampoline parks across the United States and the increase in emergency department visits due to injuries at recreational facilities. If you or your child has been injured at a trampoline park in Iowa, it is important to know that you may be able to take legal action.

Holding the hospital responsible after you acquired sepsis

On behalf of Ball, Kirk & Holm posted in Injuries on Friday, January 4, 2019.

When you are in a hospital, you are essentially surrounded by other people with potentially contagious diseases and infections. In addition, it is possible that you have a suppressed immune system due to the treatment that you are receiving. Your medical providers should be aware of this, and they need to do everything they can to prevent infection, as well as monitor you constantly for signs of infection.

If you or a loved one suffered from a healthcare-acquired infection (HAI), this means that you would not have suffered from the infection if you were not at the hospital. HAIs can lead to sepsis if they are not properly treated, and some patients are more at risk than others. Sepsis develops when the body reacts to the infection present in the body, and it is extremely deadly.

3 ways you can protect yourself after a motor vehicle crash

On behalf of Ball, Kirk & Holm on Friday, January 4, 2019.

Most people take extra steps when they get behind the wheel to do whatever they can to avoid a collision or crash. Unfortunately, issues like inclement weather and questionable decisions by other drivers can leave you vulnerable to a serious crash.

While the best option is always to avoid a car wreck, sometimes that isn't realistic. Planning for how to handle a crash is also a smart decision. People may take small preemptive steps, such as installing the mobile device app for their insurance company on their phone. Others may have special tools or even a checklist in place to assist them in the event of some kind of accident.

Premises owners have a higher duty of care toward children

On behalf of Ball, Kirk & Holm on Friday, December 14, 2018.

Premises owners in the state of Iowa have a responsibility to keep visitors safe from potential hazards that the premises might present. When assessing risk, the premises owners should try to foresee a number of different scenarios, including scenarios in which disabled people or children might find themselves at risk of injury.

In recognition of the need to keep children safe, the law demands that premises owners give special attention to preventing a child from becoming injured. In effect, the owner has a higher duty of care toward children, and they can be more easily found to be negligent if a child is involved in a premises liability case.