In Utah, property owners have a legal duty to keep their premises reasonably safe for visitors. When they fail to do so, and someone gets hurt, the injured party may have the right to pursue a premises liability claim. But, like all personal injury cases, success hinges on proving negligence—and that’s not always straightforward.
At Waddoups Law Personal Injury Attorneys, our Salt Lake Citypersonal injury attorneys help individuals and families across Utah recover compensation when injured due to unsafe property conditions. If you were hurt on someone else’s property, here’s what you need to know about proving negligence in a premises liability case.
What Is a Premises Liability Case?
Premises liability refers to a legal claim filed when someone is injured due to a dangerous condition on another person’s property. Common examples include:
Slip and fall on wet or icy surfaces.
Trips caused by uneven flooring or loose cables.
Injuries from falling objects or broken handrails.
Dog bites or animal attacks.
Poor lighting leading to accidents or assaults.
Inadequate security that results in injury.
Whether the incident occurs at a private home, store, parking lot, apartment complex, or public venue, the property owner may be held responsible if their negligence caused or contributed to the injury.
Elements You Must Prove in a Utah Premises Liability Claim
To succeed in a Utah premises liability case, you (and your attorney) must prove four key elements.
They include:
The property owner owed you a duty of care.
Utah law requires property owners to maintain reasonably safe conditions for people who are lawfully on their premises, such as customers, tenants, or guests.
The owner breached that duty.
This means the owner failed to fix, warn about, or reasonably discover a dangerous condition that posed a risk of harm. For example, a grocery store that leaves a spill uncleaned for hours may be considered negligent.
That breach caused your injury.
You must show that the hazardous condition directly led to your injury, not a pre-existing condition or unrelated accident.
You suffered measurable damages.
These may include medical bills, lost wages, pain and suffering, and other losses resulting from the injury.
Challenges in Proving Negligence in Utah Premises Liability Claims
One of the toughest parts of a premises liability case is showing that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to address it.
This often requires:
Surveillance footage.
Witness statements.
Maintenance records.
Accident reports.
Expert analysis of property safety standards.
The sooner you contact our Salt Lake City personal injury attorneys after an incident, the easier it is to preserve and gather this critical evidence.
Let Waddoups Law Personal Injury Attorneys Help You Prove Your Case
At Waddoups Law Personal Injury Attorneys, we understand how painful and frustrating it is to suffer an injury because someone else failed to keep their property safe. Our Salt Lake City premises liability attorneys are here to investigate your case, gather evidence of negligence, and fight for your deserved compensation.
Contact us today for a free consultation. Let us help you hold negligent property owners accountable and protect your right to recover.
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