Whether you own your property for personal or business purposes, you may be liable if someone is injured on it. Also known as premise liability, this type of liability holds the property owner accountable and responsible for the resulting damage that occurred on it. As a property owner, what do you have to do when somebody is injured in your property located in Utah?
Accidents happen all the time, and there is no saying if something can be prevented or not. Premise liability occurs when a property owner is held responsible for an accident. Cases like these can happen anywhere on your property, including in an open space, swimming pool, construction sites, animals, or due to lack of security.
Premise liability can occur when wet or icy conditions, damaged sidewalks, broken stairs, and even a banana peel left unattended can cause an accident. Knowing your rights as a property owner is essential because you need to know what you have to do if somebody gets injured on your Utah property.
What Should be Proven in an Injury Case
In Utah, the plaintiff needs certain elements proven before a claim against a property owner can be seen as viable. These four things are:
- The defendant owns, leases, or rents the property
- The defendant is negligent with the use of property
- Injuries were sustained by the plaintiff
- Negligence by the defendant is a significant factor for the injury
What are the Different Statuses of Individuals on a Property?
There are four different categories of individuals present on somebody’s property. It is important to understand and differentiate these four types because it will determine the liability piece that falls to the owners.
- Invitee – a person who enters the property that is open to the public, usually a business property
- Licensee – a person who enters the property with implied or express permission
- Trespasser – a person who enters the property without permission, invitation, or consent from the owner. Property owners do not have to exercise a duty to the trespassers, and if they are injured on the property, they will typically have no recourse. Certain exceptions occur in this situation that will be better discussed with your lawyer
- Social Guest – the last type of status pertains to a person who is a welcome visitor to the property
As a property owner, you have to make sure that your property is well-kept, maintained, and free from hazardous situations, especially when having people over. It is your responsibility to provide a safe environment for your invitees or guests to avoid any accidents.
Contact a Personal Injury Attorney in Utah
If you are a property owner and a person got injured in your property, regardless of whether they are an invitee, licensee, or trespasser, you should contact a lawyer to explore your options and discover if you are liable or not. Attorneys with Feller & Wendt, LLC™ can help. Our group of esteemed and experienced lawyers will help you navigate the confusing process and provide options that are best suited for your specific situation. Call 801.499.5060 or complete our contact form for a free consultation.
