Accidents can happen, but some accidents can be prevented too. If you or a loved one was harmed on someone else’s property, you may have a claim for what’s known as a premises liability case.
The attorneys at Nelson Jones know their way around these kinds of cases, and are ready to stand up for you and win the settlement you deserve.
Premises liability is a concept in law holding property owners responsible for injuries to others caused by the unsafe conditions of their property. For instance, when a faulty walkway or set of stairs causes someone to fall and hurt themselves, or when facility staff like security personnel or pool lifeguards ignore an accident. A lawyer can make a legal case to address these kinds of incidents and help those affected receive a fair settlement and justice.
Here is a list of cases, among others, relevant to this particular area of law:
There are many causes for a premises liability case, each with different factors in play. Be sure to have all the details surrounding the particular injury- the what, when, and where- for a member of the Nelson Jones team to review.
Below are three crucial steps to take should you or a loved one ever be harmed on someone else’s property:
With evidence, witnesses, and a detailed account of the events before, during and after the injury took place, you can provide Nelson Jones a solid case to secure a fair settlement.
The law follows the norms of premises liability, which include these concepts:
For legal purposes, anyone who enters someone else’s property falls under one of three definitions:
Utah’s premises liability laws apply to both invitees and licensees; the only difference between the two is that licensees could become trespassers should the owner demand they leave and they refuse.
Trespassers are generally not granted the same protections as invitees and licensees under Utah law, the exception being children.
An owner must meet a certain standard of ‘Reasonable Care’ and awareness of hazards for their property, ensuring the safety of those in the vicinity.
Owners are liable for the potential causes of harm they are aware of on their property, as well as those they could and should have been aware of.
Failure to follow through with Duty of Care makes an injury more likely to happen. This is known as a ‘breach’, and if a breach results in an injury then the owner has demonstrated negligence, which is grounds for a premises liability lawsuit.
In Utah the same goes as with most states, where if the injured person is partly responsible for the accident then compensation may still be awarded, but the amount is reduced.
Owners are expected to perform the degree of maintenance that any prudent, responsible person would in their situation.
Certain structures and environments can have non-removable risks, so it is the responsibility of the owner to make sure visitors are aware of them.
It is the plaintiff, the injured person, that is responsible for proving the connection between their injury and the property owner’s negligence.
In Utah, you generally have four years from the date of the accident to file a personal injury lawsuit, but earlier is better to ensure the preservation of evidence.
You would need to first establish that the property owner breached duty of care, and then demonstrate that said breach resulted in the injury in question. Evidence must be provided such as incident and medical reports, maintenance records, witness testimonies, photos and videos.
Without the property owner's expressed permission to remain on the premises or entry otherwise granted you would legally be considered a trespasser, and therefore not protected by premises liability law.
The two are related, though premises liability refers to a particular type of legal case and not all instances of negligence are premise liability cases.
There is no typical amount for a premises liability settlement as each case has different factors to consider, such as the severity of injury and suffering caused by it, costs such as medical expenses and lost income, and the degree of negligence on the property owner's part.
There is no standard timeframe given the different factors that go into each case. It can take anywhere from months to years to settle a premises liability case.
Yes, premises liability is related to injuries that occur in spaces like private property, while product liability is related to injuries occurring from faulty products.
Our premises liability lawyers at Nelson Jones will guide you through the process with our knowledge and experience, from gathering information and details on the event of your injury, to making the case in a Utah court of law.
Remember, it’s not necessary you paid for entry to the property as long as the owner was negligent concerning safety in your claim. Whether you’re ready to make your case or are still unsure, contact us via web form or phone call.
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We recognize that no two personal injury cases are the same, with a different impact and set of circumstances every time. That's why our attorneys craft a personalized plan for each of our clients.
We will aggressively pursue fair compensation for you, meaning we're not afraid to go to court if necessary. Our attorneys are seasoned litigators who will fight to protect your rights and secure the best possible outcome.
We make the legal process of resolving your personal injury case as stress-free as possible. You'll get one-on-one contact with an attorney as your guide, answering your questions and keeping you informed as needed.
As a part of the Utah community, we are committed not just to our clients but to the betterment of our community as a whole. We take pride in our ethical approach to law and our role in ensuring justice is accessible to everyone.
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