Layton Premises Liability Lawyer
Premises liability cases occur when someone suffers an injury on another person’s property. When you enter another person’s property, you expect that it is in a reasonably safe condition that will not put you in danger. However, it is not always the case. If you or a loved one has suffered an injury because of an unsafe condition on another person’s property in Utah, reach out to a qualified Layton premises liability lawyer at Feller & Wendt, LLC™.
Types of Premises Liability Cases
Premises liability cases may include but are not limited to:
- Slip and falls
- Trip and falls
- Negligent security
- Inadequate security
- Dog bites
- Defective staircases
- Ceiling collapses
- Sexual Assault
- Escalator / Elevator injuries
Types of Property Visitors
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The status of your premises liability case hinges on what kind of visitor you were when you entered the property where you suffered harm. There are three main types of visitors: an invitee, a licensee, and a trespasser.
An invitee is a person who the property owner invited. When inviting you onto his or her property, the property owner is ensuring you the property is reasonably safe. A plumber or roofer is an example of an invitee.
A licensee is a person who goes on the property for his or her own purpose. He or she is on the property at the request and with the permission of the property owner. Friends, family members or a guest at a party are examples of licensees.
Owners owe trespassers – those who enter without permission – the least duty of care. The property owner does not have a duty to keep the property safe if the visitor doesn’t have permission to be on the property. However, if the owner suspects that a person will trespass, the court may determine that he or she had a duty to give the trespasser reasonable warning of any dangerous conditions.
Property owners have specific duties for children. Even if the child is on the property without permission, the property owner must have the property in a reasonably safe condition to prevent children from injuring themselves. For example, if the property owner has a pool and knows that there is a possibility of children being around the pool, they must take steps to protect children from falling into the pool.
To learn more about how visitor classification impacts premises liability, speak with a Layton premises liability attorney experienced in these types of claims.
Conditions of the Property
For most types of visitors, property owners must keep their property in good condition. If a person suffers an injury on the property, the court will need to determine whether the owner kept the property in a reasonably safe condition. The factors that the court will examine include:
- The reason and circumstances for the visitor to be on the property
- The property’s use
- Whether the accident or injury was foreseeable
- Whether the owner made a reasonable effort to repair a dangerous condition or warn visitors of its existence
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Proving Fault in Utah Premises Liability Claims
To prove defendants are liable for your injuries, you and your Layton premises liability lawyer must prove they failed to uphold their duty to keep the property reasonably safe. Utah courts adhere to the comparative negligence rule. The comparative negligence rule gives the court the right to assign percentages of guilt to both the plaintiff and the defendant. It will decide compensation based on how responsible you were for the incident. For example, if the court determines you were 15% at fault for your injury, it would reduce your compensation by 15%. In Utah, the court could still award you some amount in damages as long as you are less than 50% responsible for the incident.
Contact Our Experienced Layton Premises Liability Attorneys Today
If you or a loved one has suffered injuries on another’s property in Utah, you may be eligible to file a premises liability claim. The premises liability attorneys at Feller & Wendt, LLC™ are well-versed and experienced in premises liability cases. Contact us for a free consultation to evaluate your case. If you do decide to pursue a claim, we can offer you compassionate and determined representation and will do all that we can to get you the compensation you deserve.
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