A Utah premises liability claim is a type of personal injury claim that arises from injuries sustained on someone else’s property due to unsafe or hazardous conditions. Property owners and occupiers have a legal duty to maintain their premises in a reasonably safe condition for visitors and to warn visitors of any known hazards.
If you have been injured on someone else’s property in Utah, we can help you understand your legal rights and options for seeking compensation. A Fillmore Spencer Personal Injury attorney can help you gather evidence to support your claim and negotiate with insurance companies or pursue legal action if necessary to seek a fair settlement or verdict.
Slip and fall accidents can occur when a property owner fails to maintain safe conditions, such as cleaning up spills or fixing uneven surfaces.
Property owners may be liable for injuries sustained due to inadequate security measures, such as insufficient lighting, broken locks, or lack of security personnel.
Property owners may be liable for injuries caused by dangerous conditions on their property, such as broken staircases or missing handrails.
Property owners may be liable for injuries caused by dog bites or attacks that occur on their property.
To prove fault in a Utah premises liability claim, you generally need to establish that the property owner or occupier had a duty to maintain their property in a reasonably safe condition, that they breached that duty, and that the breach caused your injuries. A Fillmore Spencer LLC Utah Injury Attorney will help you gather key evidence proving fault in a premises liability claim:
Duty of Care: The property owner or occupier had a duty to maintain their property in a reasonably safe condition for visitors. The level of care required will depend on the circumstances, such as the type of property and the reason for the visit.
Breach of Duty: The property owner or occupier breached this duty by failing to take reasonable steps to address a known hazard or by failing to warn visitors of the hazard.
Causation: The property owner or occupier’s breach of duty caused your injuries. You must be able to establish a causal link between the hazard and your injuries.
Damages: You suffered damages as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.
To prove fault in a premises liability claim, your Utah Injury attorney may present evidence such as photographs of the hazard, witness statements, and medical records. It’s important to gather as much evidence as possible to support your claim and establish liability.
If you didn’t have permission to be on the owner’s property, you may still have a premises liability claim in Utah, but the legal analysis may be different. Under Utah law, property owners owe a different duty of care to different types of visitors:
Invitees: Property owners owe a high duty of care to invitees, or visitors who are invited or allowed to enter the property for the owner’s benefit, such as customers or guests.
Licensees: Property owners owe a lesser duty of care to licensees, or visitors who are allowed to enter the property for their own benefit, such as social guests.
Trespassers: Property owners owe no duty of care to trespassers, or visitors who enter the property without permission.
If you were a trespasser on the property, the property owner may argue that they owe no duty of care to you, and therefore, they cannot be liable for your injuries. However, there are some exceptions to the general rule. For example, if the property owner knew or should have known that trespassers frequently enter the property and they failed to take reasonable steps to address a known hazard, they may be liable for injuries sustained by trespassers.
If you were on the property as an invitee or licensee without permission, the property owner may argue that they did not owe you a duty of care because you were not authorized to be on the property. However, a court may still find that the property owner owed you a duty of care if they should have anticipated that someone in your position might enter the property and failed to take reasonable steps to address a known hazard.
If you have been injured on someone else’s property in Utah, even if you were a trespasser or were on the property without permission, it’s important to consult with a personal injury attorney who can help you understand your legal rights and options for seeking compensation. An attorney can help you gather evidence to support your claim and negotiate with insurance companies or pursue legal action if necessary to seek a fair settlement or verdict.
Our legal team at Fillmore Spencer LLC has represented Utah Valley residents in all types of premises liability personal injury and wrongful death cases for many years. Many lawyers and doctors have hired us to represent them, their family members and their clients/patients. We understand what you and your family are going through, and we explore every opportunity to secure the compensation you deserve. Call our Provo office at (801) 426-8200 or contact us online today to schedule a free initial consultation.