Injured In Utah

Negligence is the failure to use the care that an ordinary person, in similar circumstances would use. Because of the failure to use care, another individual is caused harm. Technically, there are four elements to negligence: (1) A duty to exercise reasonable care; (2) A breach of the duty to exercise reasonable care; (3) The breach causes; (4) Damages. These elements are the foundation of virtually every personal injury claim.

All of us owe duties to each other... the saying goes "Your rights extend as far as my face." Under the law, we must each exercise reasonable care to avoid breaking our neighbor's nose. If, for example, Denny McCrash makes a left hand turn in front of you as you are proceeding through an intersection, Denny has breached his duty to exercise reasonable care. But, before Mr. McCrash can be held accountable for the damage in a lawsuit, the other elements for negligence must be met.

The simple fact that Mr. McCrash failed to exercise reasonable care is not enough to make a claim for negligence. Often, people believe that they have a claim for products liability because their "air bag didn't go off when I got in an accident." The second question that must be answered is whether the failure to exercise reasonable care (breach) actaully caused damages. In the example where Mr. McCrash turned left in front of you, there wouldn't be a claim for negligence unless your cars collided and you were injured/sustained damage to your vehicle. If you were injured as a result of the collision, Mr. McCrash would then be held accountable for the cost of your medical bills, lost wages and pain and suffering as a result of your injuries. In short, you should not be forced to bear the burden of Mr. McCrash's inattentive and careless driving. If all of these elements are present, you may have a claim for negligence. As always, contact an attorney for a consultation to be sure.

Utah law requires that the negligence, if any, of the victim be 'compared' with that of the person or entity causing injury. This is called comparative fault. If the fault of the victim is 50% or greater, the victim cannot recover anything. This principle is commonly used to defend a slip and fall type case. For example, if Nelly trips on a cracked sidewalk outside a public building, she may bring a claim for failure to properly maintain the sidewalk. However, the building owner will defend on the basis that Nelly failed to keep a proper lookout, in effect, Nelly is also at fault for her injuries. If a jury decides that Nelly is 50% at fault, she will recover nothing. If a jury decides that Nelly is only 40% at fault, then she may recover her damages.

Also of importance under Utah law, no defendant can be held liable for more than their respective percentage of fault. In the above example, if Nelly is found to be 40% at fault and the landowner 60% at fault, the landowner is only liable for 60% of Nelly's damages. So, if Nelly's damages total $100.00, the landowner is only liable to pay $60.00.

Under Utah law, the dog owner is 'strictly' liable for injury from a bite. This means that, regardless of whether the dog ever bit anyone before, regardless of whether the owner believed the dog wouldn't bite anyone, the owner is accountable for the cost of injury from a dog bite. Comparative fault for the injury may still be placed on the bitten person. In other words, if the victim is fifty-percent or more to blame for the bite, he or she may not be able to recover at all for their injury. For example, a jury might conclude that taunting a dog to the point that it bites means the person is more than fifty-percent at fault.

Slip and fall cases represent some of the most difficult cases on which to recover money. This difficulty arises for two main reasons. First, comparative negligence or comparative fault allows defendants to put part of the blame on the injured person. If a jury finds that you are fifty percent or more to blame, you cannot recover for your injuries. This leads to the second difficulty in slip and fall cases, many jurors believe that you are primarily responsible for seeing and avoiding anything which might trip you up. Accordingly, it can be very difficult to convince a jury that you are less than fifty percent at fault for your fall and injury.
The Law in Utah on Premises Liability

There are three categories of 'person' in a slip and fall case. First, a trespasser. The trespasser can only sue if there is 'malicious' conduct on the part of the landowner. For example, placing bear traps all over your front lawn would definitely subject you to liability for injury sustained by the trespasser.

Second is the licensee. The licensee is equivalent to a guest in your house. The property owner must exercise reasonable care in maintaining the property for the benefit of guests. Also, the guest must exercise reasonable care in looking out for things which may injure him or her. Many homeowner insurance policies provide coverage for injuries to guests. Accordingly, even if injured at your grandparent or neighbor's home, it may be possible to recover the costs associated with your injuries.

Finally, the invitee is the third category of person. This person is simply a business visitor, in effect, someone who comes onto the property owner at the express or implied invitation of the property owner. For example, entering into a store renders the patron a business visitor. The property owner must exercise reasonable care in maintaining the safety of the premises. However, unlike the guest, the business visitor can assume that the property is safe. The business visitor must still keep a look out for danger, but the primary responsibility is with the property owner.

Statute of limitations, the time in which you must make a claim for injury due to negligence, is generally four years. However, this time may be shortened depending on the nature of the claim. For instance, if the claim is based on medical malpractice, defective products or brought against a governmental agency, the time in which to bring the claim is significantly shortened. In order to fully protect your rights, you should always consult with an attorney immediately if you believe you have a claim.