UTAH PREMISES LIABILITY LAWYERS

Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Reviewed November 9, 2023.

If you were injured on someone else’s property in Utah because it was unsafe, you may be able to recover compensation for your medical bills, lost wages, and pain and suffering, and Moxie Law Group’s premises liability lawyers prove the owner’s negligence. We work on contingency, so you pay nothing unless we win.

Premises liability covers far more than slip and falls. It includes injuries from inadequate security, falling objects, unsafe stairs, dog attacks, and swimming pool accidents. The key question is whether the property owner knew, or should have known, about the danger and failed to address it. We build the evidence needed to answer that question in your favor.

Premises liability lawyers often work on premises liability cases where a person is injured due to the negligence of the property owner. When accident victims are injured on someone else’s property, they may need costly medical treatment. A premises liability lawyer can work with the insurance company in order to make sure that the injured party is fairly compensated for their medical bills. Our law firm offers all potential clients a free consultation. This initial consultation is a no-obligation meeting where our legal team will discuss your case and outline the next steps in the process. During the free consultation, we’ll ask questions about how the premises liability accident occurred, your injuries, and what kind of medical attention you’ve received. If we believe we can help, we’ll usually begin by collecting evidence for a demand letter. Once we send a demand letter to the insurance company, we’ll begin negotiating a fair settlement. At Moxie Law Group, we work on a contingency fee basis, so our clients don’t have to worry about upfront fees while they’re dealing with medical expenses or lost wages.

Insurance companies aren’t always playing fair. Because denying claims, or offering lowball settlements keeps their profit margins thick, insurance companies often use their knowledge of premises liability against the person filing a premises liability claim. However, when you hire a premises liability lawyer, you’re hiring an expert in premises liability law. A premises liability lawyer can stand up to the homeowner’s insurance provider and advocate for your best interests on your behalf. Many people choose to hire a premises liability lawyer after the premises liability accident occurred because they weren’t getting anywhere with the homeowner’s insurance, and they knew a premises liability lawyer was their best shot at getting fair compensation.

In most premises liability claims, a premises liability attorney will need to prove that all elements of negligence are present in order for the premises liability case to hold up in court, in the event that it actually goes to trial. During a trial, most premises liability cases will require a premises liability attorney to prove duty, breach of duty, damages, and causation.

Generally speaking, a property owner or business owner, can be held liable if they fail to remove a dangerous property condition that causes injury. If the dangerous condition cannot be removed, the property owner needs to take reasonable care to ensure that no guests are injured due to the dangerous condition. When premises liability attorneys talk about duty of care, they’re referring to a legal obligation. In the most simple terms, it may be helpful to think of duty as a job or responsibility. In general, homeowners, business owners, and pretty much anyone who owns a piece of property, has a duty to make a reasonable effort to keep the premises safe for visitors.

Premises Liability Lawyers

When we say a person has a duty of care to keep their property safe, we generally mean that an owner needs to remove all hazardous conditions or take reasonable precautions to mitigate the chance of injury when such conditions are not able to be removed. Let’s say you’re having family members over for a dinner party. You spilled a glass of grape soda on the floor and forgot to clean it up. During the dinner party, a family member slips and falls due to the puddle of soda. In this case, you as the homeowner may be the liable party. If an owner knew, or reasonably should have known that there were unsafe conditions on their property, the should have removed the aforementioned conditions.

Not all slip and fall cases have hefty damages. In fact, some slip and fall cases don’t have any damages at all. Let’s go back to the slip-and-fall case with the grape soda. Let’s say the person who fell was seriously injured; she broke her arm. In that case, the cost of the treatment needed to heal the broken arm may be considered to be the plaintiff’s economic damages. A person may also sue for non-economic damages, such as emotional distress, or pain and suffering. Medical records and bills may be used to prove that the patient has damages. These damages are separate from punitive damages. A judge may order a defendant to pay punitive damages when the defendant willfully damaged the plaintiff. These types of damages are distinct from economic and non-economic damages.

When it comes to premises liability claims, attorneys will need to prove that the owner’s failure to take reasonable precautions in order to maintain safe premises was the direct cause of the plaintiff’s injuries. Not every injury that occurs at another person’s property occurs due to negligence. For example, if you fall down the stairs at a friend’s house because you’re clumsy, you may not have any legal recourse. If a person is seeking to recover compensation, their attorney will need to prove that their injuries were caused by the negligence of the person owning the property. Premises liability accidents happen primarily when a property owner fails to take reasonable precautions in order to ensure the safety of others.

You don’t need to have an expert’s knowledge in premises liability law in order to prevent calamity. You too can prevent premises liability accidents by taking reasonable precautions to keep your property safe. Swimming pool accidents can cause injury, therefore it’s likely that property owners owe their neighbors a duty, even when the swimming pool is on private property. If you have a swimming pool, you should put a fence not just around your yard, but around the pool as well. The fence ought to have a lock and self-closing hinges too. Ideally, the fence would be too tall for a child to jump over, and not easy for a child to scale. When you’re not using your pool, you may wan to be sure that all toys are put away, and there’s a cover placed over the pool. Failure to take reasonable precautions may result in a judge finding the property owner liable. Since property owners owe it to guests to keep their property safe, it’s important that everyone takes the necessary steps to keep their community safe. Moxie Law Group proudly serves Utah and Texas.

Premises Liability Lawyers

What are the four specific elements of negligence that an attorney must establish to win a civil premises liability case in Utah?

To secure a winning verdict or settlement, a premises liability attorney must prove duty, breach of duty, damages, and causation. First, they establish that the property or business owner had a legal duty to maintain safe premises for visitors. Second, they show a breach of duty occurred because the owner failed to remove or properly warn of a known hazardous condition. Third, they document actual economic or non-economic damages, such as medical bills or pain and suffering. Finally, they prove causation by showing the owner’s failure to take reasonable precautions directly caused the plaintiff’s injuries.

I lost my footing and broke my wrist on an icy walkway outside a local business. How does a plaintiff establish that a property owner breached their legal duty of care?

To prove a breach of duty of care, a plaintiff must demonstrate that an unsafe condition existed on the property and that the owner knew, or reasonably should have known, about the potential danger but failed to take reasonable precautions to remedy it. For example, if a business owner leaves an icy sidewalk untreated for hours after a winter storm or fails to place a warning sign, they have neglected their responsibility to keep the premises safe for guests.

My child wandered into a neighbor’s yard and was injured. How does Utah law treat trespassing children under premises liability rules?

Under Utah personal injury law, children are almost never considered trespassers from a legal standpoint due to the attractive nuisance doctrine. Property owners owe a heightened duty of care to protect young children from enticing but hidden dangers on their property, such as swimming pools, trampolines, or unrestrained animals that a child cannot readily anticipate. If an owner fails to secure an attractive nuisance with proper safety barriers, they can be held legally liable for the resulting injuries even if the child entered the property uninvited.

When you’ve sustained an injury on another person’s property, you need a legal team with expert knowledge of premises liability laws. From amusement park accidents, to slip ‘n’ fall injuries, to escalator accidents and beyond, Moxie Law Group is here for you. If you have been injured on another person’s property, we can help you recover compensation for the injury you sustained on the liable party’s property. Moxie Law Group is just a phone call away. And if phone calls aren’t your thing, you can send us a text. At Moxie Law Group, we’re dedicated to serving you. Find out how we can help you get the compensation you deserve.

As seen in the aforementioned, premises liability can be a complicated subject that extends to many different situations. If you have questions about a premises liability claim, Moxie Law Group has answers. Moxie Law Group is one of Utah’s first female-led personal injury firms and we’ve now expanded into Texas. At Moxie Law Group we specialize in fighting for our clients with empathy, integrity, and tenacity. Contact Moxie Law Group today to learn more about how we can help you.

Schedule your free, no-obligation consultation with Moxie Law Group today. We’re happy to answer any questions you may have.

Utah Premises Liability FAQs

What is premises liability?

Premises liability holds property owners responsible when their failure to keep a space reasonably safe causes injury, from slip and falls to inadequate security. A Utah premises liability attorney can determine whether the owner breached that duty.

What do I have to prove in a premises liability case?

Generally that the owner knew or should have known about a hazard, failed to fix or warn about it, and that this caused your injury. Evidence like photos and incident reports helps.