Personal injuries can be a life-altering experience for victims. While the damages from a personal injury can vary, it is important to know that if the injury occurred on someone else’s property, you may have a legal claim for compensation. Premises liability law governs when and how a property owner may be held liable for injuries that occur on their premises. In this article, we will break down the basics of premises liability law in Utah and give you the information you need to determine if you have a personal injury claim.
What is Premises Liability Law?
In Utah, premises liability law holds property owners responsible for maintaining safe conditions on their property for visitors. If a property owner fails to maintain their property, and a visitor is injured as a result, the visitor may be able to pursue compensation through a personal injury claim. However, it is essential to understand that not everyone who enters a property is owed the same duty of care.
The Duty of Care in Utah Premises Liability Cases
Under Utah Law, there are three types of visitors, and the duty of care that a property owner owes to each visitor varies accordingly. These categories of visitors are:
Invitee: An invitee is someone who enters a property, with the permission of the owner, for a specific purpose intended to benefit both the invitee and the owner, such as a customer in a store or a client in a salon. In Utah, property owners have a heightened duty of care to invitees. They must keep their premises free from known hazards and conduct regular inspections to discover and fix any defects.
Licensee: A licensee is someone who enters a property, with the permission of the owner, for their benefit only, such as a social guest in a private residence. In Utah, property owners have a duty to warn licensees of any known hazards or defects that could cause injury. However, they do not necessarily have a duty to inspect the property for dangers.
Trespasser: A trespasser is someone who enters a property without the owner’s permission. In Utah, property owners have a very limited duty of care to trespassers. They must not intentionally harm trespassers and must post warning signs of any known dangerous conditions or traps such as hidden or undefined holes.
How to Prove a Premises Liability Case in Utah
To have a successful premises liability case, you must prove that the property owner is responsible for the dangerous condition that caused your injury. To do so, you will need to show the following:
That the property owner had a duty of care to you;
That the duty of care was breached because the property owner did not keep the premises reasonably safe;
That the breach resulted in an accident or injury; and
That the accident or injury caused damages, such as medical bills, lost wages, or pain and suffering.
Additionally, in Utah, there is a statute of limitations on personal injury claims. This means that you must file your claim within a specific time frame. In Utah, you have four years from the date of your injury to file a personal injury claim.
Conclusion
If you or a loved one has been injured on someone else’s property in Utah, you may have grounds to seek compensation through a personal injury claim. Premises liability law holds property owners accountable for maintaining safe conditions on their property for visitors. To determine if you have a claim, consider the duty of care owed to you as a visitor to the property, and work with an experienced personal injury attorney to collect evidence and build a strong case. Remember, time is of the essence, so act quickly.