Store Liability For Personal Injury Accidents

The interior of grocery stores can be an adventure for shoppers. That’s especially true for modern stores with onsite food and beverage options that are essentially combination restaurants, bars, and grocery stores. A shopper can encounter wooden pallets, stacks of boxes, floors wet from cleaning, grease and other substances from spilled food, liquid from spilled beverages, snow, slush, and water tracked in by customers and employees. When can a store be liable for a customer’s fall and resulting injuries because of one of those issues?

Read More
Harley Erbe
Iowa Court Of Appeals Explores Real Estate Disclosure Case

Many homeowners contact us about concerns that the sellers of their home didn’t disclose major issues with the house. A recent decision from the Iowa Court of Appeals covered two issues that frequently arise in such cases. First, proving that the homeowner’s liable for the nondisclosure. Second, establishing that the undisclosed problem has caused or will cause meaningful damage to the new owner. Let’s review.

Read More
Harley Erbe
What Can A Former Employer Say About You?

There are common misconceptions about what a former employer can say about you to potential employers, or to anyone for that matter. Employers aren’t limited to confirming dates of employment. They can even disclose the circumstances surrounding the end of your employment. Although many employers adhere to confidentiality restrictions as a matter of internal policy, Iowa law recognizes very little in the way of such employment confidentiality. Let’s discuss those laws.

Read More
Harley Erbe
River Tubing Safety

Tubing down Iowa’s rivers is a popular summer activity. It’s also potentially dangerous, even deadly. Let’s discuss ways to remain safe while river tubing.

Read More
Harley Erbe
Beware The Storm Chasers

We’ve recently received a number of calls regarding issues with repair contractors and the 2020 derecho or the recent severe hail event in central Iowa. Especially for the derecho, people have been victimized by “storm chaser” contractors. We discuss how to protect yourself.

Read More
Harley Erbe
Employers Can Require That Employees Receive The COVID-19 Vaccine

There’s been much confusion over employers’ ability to mandate COVID vaccination for employees. The most common argument we hear from employees references their rights to determine what goes into their bodies and their rights to work. Employers’ most frequent response is their obligation to create a safe environment for their employees, customers, and visitors. Let’s discuss this legal dilemma.

Read More
Harley Erbe
Liability For Improper Tree Or Shrub Removal

I’ve written about boundary line disputes and the issues that can arise in such situations. I’ve also discussed your legal rights when a neighbor’s tree is encroaching on your property. There’s also a potential combination of those two problems — Tree or shrub removal that crosses property lines without authorization. In that situation, the person doing the removal may find themselves facing liability.

Read More
Harley Erbe
Proper Motorcycle Tire Inflation Is Crucial

Dirt bikes, street bikes, touring bikes, and racers all have one thing in common — Two tires. Only half of a standard motor vehicle. Properly maintaining the tires on your motorcycle may be the single biggest safety step that you can take. Yet it’s estimated that approximately half of all motorcycles on the road are rolling on underinflated tires.

Read More
Harley Erbe
FMLA-Protected Employees Usually Need To Follow Absence Reporting Procedures

We’ve received a number of calls lately from employees who have Family and Medical Leave Act (“FMLA”) intermittent leave available but are receiving attendance points and discipline, even being fired, for not properly reporting their intermittent FMLA absences per their employers’ policies and procedures. Their question is always whether the employer can mandate adherence to call-in procedures even though the employer knows that the employee has intermittent FMLA leave available. Let’s discuss that.

Read More
Harley Erbe
Expert Testimony Is Required In Real Estate Disclosure Cases Involving Water Intrusion

I’ve frequently written about the need for expert testimony in cases that involve water. Those cases usually involve landowner disputes, in which one owner sues another because of water flowing onto the owner’s land. Those cases usually fail without an expert witness regarding the source and cause of the water intrusion. But in Putnam v. Walther, the Iowa Court of Appeals ruled that such expert testimony is also necessary in a case in which Putnam, a real estate buyer, sued the sellers of her home, the Walthers, claiming that they failed to disclose issues with the home that allowed water intrusion.

Read More
Harley Erbe
Social Media Posts And The Law Of Defamation

A major concern about the freewheeling social media commentary is whether people and businesses are still protected from defamatory statements, even if those statements are merely made in a social media post or comment to a post. Defamation concerns false statements of fact that tend to injure the reputation of a person or business. Do the traditional principles of defamation still apply in the wild west of social media commentary? A recent Iowa Court of Appeals decision says that they do, although the court cautioned that people and business need to have a thicker skin regarding social media commentary given the prevalence of social media criticism that occurs nowadays.

Read More
Harley Erbe