Injured In Utah

Slip and fall, aka premises liability, 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

Although lawyers familiar with Utah slip and fall injury law can provide a better analysis, the basics for premises liability involve three types. 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.