fbpx

Limits on Premises Liability

ELI5: Negligence

Most of the time, if you’re injured on another person’s property, the person who owns that property is, at the very least, partially legally responsible for the damages you’ve sustained. This is because of a legal concept called premises liability. Premises liability holds that the property owner is legally responsible, or liable, for the injuries that guests sustain on their property. However, there are also many cases when the property owner isn’t responsible for a guest’s injuries.

WHEN THE PERSON WAS TRESPASSING – PREMISES LIABILITY LAWYER UTAH

You’ve probably heard nightmarish tales of burglars suing the homeowners that they were attempting to burglarize. However, these tales typically involve homeowners who attempt to take the law into their own hands using deadly force. As a property owner, you do not have the same duty of care to a trespasser as you do a guest whom you invited. So if a trespasser slips on a puddle while in your home, you may not be liable for any injuries they sustain. This is because you are not responsible for keeping your home safe for people who want to break in. But watch out for uninvited children because, legally speaking, they’re almost never considered trespassers.

WHEN THE PROPERTY OWNER WASN’T NEGLIGENT

Premises liability lawsuits require that the property owner’s negligence resulted in the injury of a guest. If you were at a person’s house and you fell through a faulty staircase covered in rusty nails and rotting wood, the homeowner may indeed be liable for your injuries. But what happens when you fall down a perfectly good staircase? Is the homeowner still liable? Probably not. For the homeowner to be liable for your injuries in this scenario, they would have to have been negligent in some way, and that negligence would have been the direct cause of your injuries.

WHEN THE STATUTE OF LIMITATIONS HAS PASSED

Like other claims, premises liability claims are also subject to statutes of limitations. If you are injured in Utah, you have up to four years to file a personal injury claim for premises liability. It is important for people to understand that the statute of limitations is four years from the date of the injury. And though you need to file your personal injury lawsuit by then, you don’t have to have gone to trial, or settled the claim, within four years.

YOU WERE AT FAULT TOO – PREMISES LIABILITY LAWYER UTAH

Another roadblock in premises liability lawsuits is Utah’s modified comparative fault. Modified comparative fault allows two people to share fault at the same time. This is typically seen when the defendant was negligent but the plaintiff’s actions also contributed to the injury. So, if you were to slip and fall in a puddle that was right by a wet floor sign, you might be partially responsible for your injuries. An experienced premises liability attorney can help you figure out how much fault you’ve had in your injury. However, if you are more than 50% at fault for your injury, you won’t be able to get damages for premises liability.

WHEN YOU’VE BEEN INJURED

If a homeowner’s negligence has left you with emotionally distressing injuries and loads of medical expenses, Moxie Law Group is here for you. We’re a female-led personal injury firm dedicated to fighting for our clients with integrity, tenacity, and empathy. If you need help getting through this difficult time, call Moxie Law Group to hear about how we can offer you support. Moxie Law Group is your source for Utah’s best premise liability attorneys.

Close up of a quarter and a penny.

Five Ways Insurance Companies Avoid Paying Fair Compensation

by | Jan 23, 2024 | Educational | 0 Comments

Before we go any further, it’s important to understand how insurance works. When you pay your insurance premium, you’re paying for financial coverage (up to the policy...

Various coins

What If The Insurance Company Is Offering Me a Fair Settlement?

by | Jan 18, 2024 | blog,Car Accident,car accident attorney Utah | 0 Comments

The Insurance Company’s Job Is to Make Money  When you buy insurance, you pay a fee—called a premium—on a regular basis. You pay a premium in exchange for financial...

Boots with tulips sitting on a snowy landscape

Five Safety Precautions to Take This Spring

by | Jan 16, 2024 | Auto Accidents,blog,Educational | 0 Comments

Now that the holiday season is over, spring is right around the corner. But it isn’t here yet, and there’s always the possibility of eight more weeks of winter, so...

Two people jogging while it's still snowy outside

Safety Tips for Your Morning Jog

by | Jan 11, 2024 | Educational | 0 Comments

If you’ve got the motivation and the determination to go for a jog bright and early, there are surely a lot of people who are jealous of such discipline! However,...

Woman working out at the gym

Premises Liability and the Gym

by | Jan 9, 2024 | blog,Educational,Premises Liability | 0 Comments

If you’re going to the gym, make sure you’re staying safe.  What Is Premises Liability?  Premises liability refers to the liability that property owners have when a...

Man lifting like a lot of weight

Safety Tips for the Gym 

by | Jan 4, 2024 | Educational | 0 Comments

The new year is here, and many people are heading into 2024 with a personal goal to get healthy. Whether that means shedding a few pounds, or getting that resting heart...

Colorful weights you'd find at a gym

Are We About to See More Ozempic Lawsuits?

by | Jan 2, 2024 | Educational | 0 Comments

Ozempic has been creating quite a lot of buzz, including talks of lawsuits. Are we about to see more lawsuits in 2024?  What’s Product Liability?  When Utah personal...

Woman walking down the stairs in front of a state capital

Can You Be Sued if You’re Broke?

by | Dec 15, 2023 | Educational | 0 Comments

Some people believe that only rich people get sued—but is that true?  How Lawsuits Work  Before we answer that, we need to back up a bit. When a personal injury claim...

People in a crowd at a concert hall.

Who Could Be Liable for Concert Injuries?

by | Dec 12, 2023 | Educational | 0 Comments

If you sustain injury at a concert, who could be liable for those injuries?  The Concert Stadium  Property owners, whether they own residential or commercial property,...