Premises liability is an important area of law that holds property owners responsible for maintaining safe conditions for visitors. If you’ve been injured on someone else’s property in Orem, hiring an Orem premises liability lawyer is crucial to ensuring your rights are protected.
If you are looking for expert legal representation, Valley Law Accident and Injury Lawyers is a trusted firm in Orem. Our team of experienced attorneys specializes in premises liability cases, offering personalized legal guidance to help clients navigate the complexities of the legal process.
With a commitment to maximizing compensation and fighting for justice, Valley Law ensures that your case is handled with the utmost care and expertise.
Why Hire an Orem Premises Liability Lawyer?
Hiring an experienced premises liability lawyer is essential when pursuing a claim. A lawyer with local expertise understands the nuances of Utah law and how it applies to your case.
They will help you navigate the legal process, negotiate with insurance companies, and ensure that you are fairly compensated.
A lawyer can:
- Investigate the circumstances of your injury.
- Collect evidence such as photos, medical records, and witness statements.
- Communicate with insurance companies on your behalf.
- File a lawsuit if necessary and represent you in court.
What Is Premises Liability?
Premises liability refers to the legal responsibility of property owners to ensure their property is safe for visitors. This includes preventing dangerous conditions that could cause accidents.
To prove a premises liability case, you must show that the property owner failed in their duty to maintain a safe environment and that this negligence led to your injury.
Key elements of a premises liability case include:
- The property owner’s duty to maintain a safe environment. Property owners are legally required to inspect, repair, or warn visitors about any potential hazards on their property to prevent injuries.
- A hazardous condition that led to the injury. This could be anything from a wet floor or broken staircase to poor lighting or lack of security, creating an unsafe situation for visitors.
- The injury sustained as a direct result of the hazardous condition. The injured party must prove that their harm, such as a broken bone or concussion, was directly caused by the unsafe condition rather than another unrelated factor.
What Is Duty of Care
Property owners of commercial properties, such as businesses, stores, restaurants, or malls, owe the highest duty of care to visitors. This means they are required to regularly inspect their premises for hazards and promptly address any dangerous conditions.
They must also warn visitors about known risks, whether they are obvious or hidden. Since customers or clients are invited to these properties for business purposes, commercial property owners must take extra precautions to keep the premises safe.
In contrast, residential property owners (e.g., homeowners or landlords) have a lower duty of care toward guests, particularly those who are visiting for social or personal reasons. While they still must fix known hazards and warn of dangerous conditions, their responsibility is typically less stringent than that of commercial property owners.
For instance, a homeowner might not be required to inspect their property as frequently as a business owner would, but they are still liable if they know about a hazardous condition and fail to address it.
Types of Visitors
Visitors to commercial properties are usually classified as invitees. Invitees are individuals who enter the property for business purposes, such as customers or employees.
Because invitees are there for the benefit of the property owner, the owner is expected to ensure that the property is free from dangerous conditions that could cause harm.
Visitors to residential properties may be classified as either invitees, licensees, or trespassers. Invitees are guests invited for personal purposes, while licensees are people allowed onto the property for their benefit (e.g., social guests).
Property owners must warn licensees and invitees of any known dangers but don’t have to inspect their properties as frequently. Trespassers, or individuals who enter the property without permission, are given the least protection under the law, though property owners still have a duty to avoid intentional harm.
Common Premises Liability Cases in Orem
Premises liability cases refer to legal situations where property owners or occupiers may be held responsible for accidents or injuries that occur on their property due to unsafe conditions. In Orem, as in many other cities, common premises liability cases often involve issues with safety, maintenance, and security.
Let’s delve deeper into the types of premises liability cases most frequently seen in Orem.
Slip and Fall Accidents
Slip and fall accidents are among the most common premises liability cases. These incidents occur when a person trips or slips on a hazardous condition like a wet floor, uneven pavement, or cluttered walkways.
In Orem, places like shopping malls, grocery stores, or parking lots may pose particular risks, especially during winter months when ice and snow are common. Property owners are obligated to maintain their premises in a safe condition and warn visitors of any potential hazards.
If they fail to do so, and someone is injured as a result, they may be held liable for damages.
Examples include:
- Slippery floors caused by spilled liquids or cleaning products in stores or restaurants.
- Potholes or cracks in sidewalks that aren’t marked or repaired.
- Cluttered hallways in office buildings or schools that lead to tripping hazards.
Inadequate Security
Property owners have a responsibility to ensure that their premises are adequately secured, especially if their property is located in areas with higher crime rates. Failure to provide proper security measures can lead to crimes like assault, robbery, or even more serious violent crimes occurring on the property.
In cases like these, property owners may be held liable if it can be shown that their lack of security contributed to the injury or crime.
Poorly Maintained Property
Property owners are required to regularly maintain their properties to ensure they do not pose any risk to visitors. Hazards such as broken stairs, faulty railings, or even unaddressed water leaks can create unsafe conditions that may lead to accidents.
In Orem, properties that aren’t regularly inspected and maintained could result in serious injuries, especially for elderly individuals or those with mobility challenges.
Animal Attacks
In some cases, property owners may be held responsible for injuries caused by their animals. If an animal attacks a guest, especially if the attack could have been prevented with proper supervision, containment, or fencing, the property owner might be liable for the victim’s injuries.
This is especially common in residential settings but can also apply in commercial spaces where animals are allowed on the premises.
Steps to Take After an Injury on Someone’s Property
If you are injured on someone else’s property in Orem, follow these steps:
Seek Medical Attention
Your health and safety are the top priority. Even if your injuries appear minor, seek medical care immediately.
Some injuries, like concussions or soft tissue damage, might not show immediate symptoms, so it is crucial to get evaluated by a healthcare professional.
Report the Accident
Notify the property owner or manager about the accident as soon as possible. Make sure they are aware of the situation.
If possible, report the injury in writing and request a copy of the report for your records. This documentation can help if the case goes to court.
Gather Evidence
Collect as much evidence as you can to support your claim. Take clear photographs of the hazard that caused your injury, such as wet floors, broken stairs, or poorly maintained sidewalks.
Also, obtain contact information from any witnesses who may have seen the incident. Keep all medical records and receipts related to your injury.
This evidence is essential in proving the property owner’s liability.
Contact a Lawyer
It is important to speak with an Orem personal injury lawyer to understand your legal options. A lawyer will help you determine if the property owner was negligent in maintaining a safe environment.
They can guide you through the process of filing a claim and ensure that your case is handled properly. Having legal representation ensures your rights are protected and can increase your chances of receiving fair compensation for medical expenses, lost wages, and pain and suffering.
Understanding Comparative Fault in Utah Premises Liability Cases
In Utah, premises liability cases operate under the state’s modified comparative negligence rule. This means that if you are partially responsible for your injury, your compensation may be reduced based on your level of fault.
Understanding how this works is crucial when pursuing a claim.
How Comparative Fault Works
Under Utah law, if an injured party is found to be 50% or more at fault, they are barred from recovering any compensation. However, if their share of the blame is less than 50%, their compensation will be reduced in proportion to their level of fault.
For example:
- If you are awarded $100,000 in damages but are found 20% at fault, your compensation will be reduced by 20%, leaving you with $80,000.
- If you are found 50% or more at fault, you will not be able to recover any damages.
Common Scenarios Involving Shared Fault
Here are some examples of how comparative negligence may apply in premises liability cases:
- Ignoring Warning Signs: If a store has clearly marked a wet floor with caution signs, but you disregard them and slip, you may share some fault.
- Improper Footwear: If you slip on an icy sidewalk while wearing inappropriate footwear (like high heels in winter conditions), the property owner may argue that you contributed to your injury.
- Distracted Walking: If you trip over an uneven sidewalk while looking at your phone instead of watching where you’re going, a court may assign part of the blame to you.
How a Lawyer Can Help Reduce Your Fault Percentage
Insurance companies often try to shift as much blame as possible onto the victim to minimize payouts. An experienced premises liability lawyer can:
- Gather evidence to counter claims of shared fault.
- Demonstrate that the property owner’s negligence was the primary cause of the injury.
- Work with experts to reconstruct the accident and establish liability.
If you’re concerned about how comparative fault may impact your case, speaking with a skilled Orem premises liability lawyer can help ensure you receive the maximum compensation possible.
The Time Limits for an Orem Premises Liability Claim
In Orem, like the rest of Utah, the statute of limitations for premises liability cases is governed by state law. This is the time period within which you must file a lawsuit after being injured on someone else’s property.
For most personal injury claims, including premises liability cases, the statute of limitations is four years from the date of the injury.
This means that if you are injured due to hazardous conditions on someone else’s property, you generally have four years to file a lawsuit in order to seek compensation. If you miss this deadline, you may lose your right to take legal action, regardless of the severity of your injury.
It’s important to understand that the clock starts ticking the moment the injury occurs. If you are unsure about how much time you have left to file, it’s advisable to contact a premises liability lawyer as soon as possible.
They can help ensure your case is filed within the required time frame, protecting your right to seek compensation for medical bills, lost wages, and pain and suffering.
Choose Valley Law as Your Orem Premises Liability Law Firm
If you’ve been injured on someone else’s property, a premises liability lawyer in Orem can help you secure compensation for your injuries. With our expertise at Valley Law Accident and Injury Lawyers, you’ll be able to focus on your recovery while they handle the legal aspects of your case.
Don’t hesitate to reach out to an experienced lawyer to protect your rights and fight for the compensation you deserve. Contact us today at (801) 810-9999.
