Premises liability laws in Utah hold property owners accountable for keeping their homes or businesses safe for their customers, clients, or tenants. These parties are also known as “invitees.” Premises liability applies to a range of industries and individuals, from hotel owners to landlords, restaurants, and any other company or person who invites guests onto a property.
There are several factors that determine whether a property owner or landlord has violated his or her duty to an invitee. The plaintiff must demonstrate that:
Determining whether the defendant could have demonstrated reasonable care to discover and correct the hazard in question is also essential to establishing a premises liability claim. To demonstrate this, it is important to consider the property’s location, the likelihood that someone would enter the property the way the invitee did, the likelihood of harm, and the hazards’ risk.
For example, cases involving slipping and falling where spills are common (such as a car repair shop or a grocery store) will play out differently than if an accident occurs in a place where spills are less likely. Owners of business who do encounter slips and falls frequently have a higher degree of responsibility to prevent spills and clean them up as soon as possible when they do occur. Even this one variable is complex; real-world premises liability claims involve many additional factors, and, because of that, it can be difficult to gather evidence and proceed with legal actions without a qualified attorney at your side.
Slip and fall accidents, dog bites and attacks, wrongful death cases, and other negligence-based claims may overlap with the laws regulating premises liability. Accordingly, the information that you initially collect about your accident is vitally important, and, as the case progresses, new evidence may come to light that changes the compensation you stand to receive. For this reason, anyone who is injured due to an “open and obvious” hazard on a property in Utah should consider seeking legal counsel.
Following any injury, you should record the details of the event as thoroughly as possible as soon as you safely can. This should include photos and the contact information of any witnesses who could testify as to what happened. It is especially important to document the scene before anyone has had time to repair the hazard. For example, if you were injured because of an uneven sidewalk but have no photographic evidence, it may prove difficult to argue your case. Regardless of the amount of evidence at your disposal, you can speak with a personal injury attorney at Fielding Law to find out more about your chances of success should you pursue a premises liability claim.