Salt Lake City Premises Liability Lawyer
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When you or a loved one suffers an injury or wrongful death, you need a lawyer who knows the laws inside out and will fight for you. Our legal team will provide quality representation for your case.
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What is Premises Liability in Salt Lake City?
Federal, state, and Salt Lake City laws require property owners to maintain safe premises and warn of unsafe conditions on their property. Salt Lake City, UT laws make it compulsory for property owners to keep their property safe for authorized visitors and clients.
Property owners that fail to keep their property safe in Salt Lake City, UT, may be held responsible for premises liability claims. Premise liability cases involve injuries caused by risky, dangerous, or faulty property conditions.
Our Salt Lake City premises liability lawyers help victims hold property owners accountable for negligence.
If you’ve been injured and need a premises liability lawyer, we may be able to help. We are happy to offer a free case evaluation to begin the discussion about seeking compensation for your claim. Our goal is to help you get the financial compensation you need and deserve.
Common Causes of Premises Liability Claim in Salt Lake City
Accidents such as slips, trips, and falls can cause serious injuries. However, such slip and fall accidents can only result in premises liability claims if they cause personal injuries deemed to be the property owner’s fault.
If you believe your accident resulted from the dangerous conditions on someone’s private property or their office location, consider seeking the legal advice of an attorney. With the help of an experienced attorney, you may be able to get compensation for your injuries, depending on the circumstances.
Some common causes of claims include the following:
Defective stair railings can cause severe injury or broken bones.
Uneven surfaces caused by poor maintenance can result in permanent disability or death.
Large and heavy items can fall off store shelves due to sloppy stocking, resulting in head injuries.
A leaking gutter on frozen ground can create a slick surface, causing a victim to fall and suffer a severe back injury.
Assault, violent crimes, or even murder may result if proper security measures are not in place.
How to File a Premises Liability Claim
Your premises liability claim begins by notifying the property owner and insurer. After telling the insurer, you’ll submit a demand letter and negotiate a settlement.
If you work with a premises liability attorney, you may not have to deal with the complex claims process independently. However, it is still a good idea to understand the process of filing a claim after a premises liability accident.
The following is a general overview of how to file a premises liability claim:
Writing Demand Letters
Demand letters start the claim resolution and compensation process. In most premises liability cases, the demand letter opens negotiations.
The demand letter should detail your injury, the accident, its cause, and evidence that shows that the property owner was responsible. Your demand letter will also include that you deserve compensation, how much, and why.
It should be persuasive enough to help you reach an out-of-court settlement.
Negotiations
To be successful with your personal injury claim, you may have to detail the value of your injury claim. Your claim’s value refers to the damages you believe you have suffered or will suffer from the accident and injuries.
Based on this claim, you can ask for maximum compensation from the person and their insurer.
The following are some common damages sought in premises liability cases:
Short-term and long-term medical bills.
Your lost earnings while you were recuperating
Long-term medical care, if required.
Claims of pain and suffering
Changed lifestyle due to permanent disability or serious injuries
Premises Liability Litigation
Premises liability cases are complex cases. Typically, you cannot expect the insurance company to accept your proposition just like that. In many cases, they will reject your settlement proposition.
For instance, they may say you had pre-existing injuries or your injury was not due to the property owner’s responsibility. If this happens and you can’t seem to reach a settlement, you can file a lawsuit.
Discovery
Discovery is crucial in a premises liability case when each side collects case-related information like witness statements, medical bills, photographs, etc. Both sides can request evidence.
Discovery can also include interrogatories and depositions.
Trial and Appeal
A Salt Lake City, Utah, judge and jury will hear each side’s case during the trial. The jury will then decide if you get damages and how much. Having an experienced trial lawyer to represent you at this stage can be very helpful.
Unsatisfied parties may appeal the decision of the court. The appeal requests a retrial. If the appellate court finds a problem with the trial, it may send the case back to the trial court, among other outcomes.
Premises Liability Law in Salt Lake City, UT
Premises liability issues are complex cases. The law has several exceptions for liability accidents in Utah. In order words, the property owner cannot always be held liable for accidents and injuries on his property.
According to Utah Code Title 57, Chapter 14, a property owner is not liable under the following circumstances:
Recreational Purposes
If someone uses the property for free recreational purposes, the owner is not required to notify them of dangerous conditions on the property under Utah code § 57-14-401 and Utah Code §57-14-S202.
However, Utah Code § 57-14-204, 201 provides exceptions to this rule. For instance, a property owner may be held liable if a child is seriously injured or dies as a result.
For instance, if someone dies while swimming in someone’s pool, the owner may not be liable for such death. However, the owner may be held responsible if a child dies or has a serious health issue after falling in an open pool in a neighborhood where small children play outside.
UT’s Liability Limits and Trespassing
Trespassers and visitors on private property are subject to different premises liability laws. According to Utah state laws, landlords are expected to make their premises safe for their clients and invited visitors.
On the other hand, if someone trespasses on a Salt Lake City, Utah property, the owner cannot be held responsible for any injuries they sustain due to their presence on the property. The owner’s liability to trespassers is enshrined under Utah Code § 57-14-301.
Premises Liability Attorney in Salt Lake City
Premises liability cases can be complicated because the statutes have different exceptions. However, liability attorneys can help you navigate the process.
First, a Salt Lake City premises liability legal counsel can help you determine who is responsible for the injuries or property damage and hold them accountable. In many cases, it is the insurance companies that have agreed to cover the landowners’ property that is responsible for the liability expenses.
Your liability attorneys can assist you in determining the scope of that liability and your personal responsibilities in your specific situation.
If you sustain serious injuries on someone else’s property, an attorney may help you ensure they are held accountable. More importantly, they may help you secure compensation for your injuries.
Our Utah personal injury attorneys can look into the details and advise you on the best course of action.
Contact Our Salt Lake City Office Today for a Free Consultation
If you or a loved one has suffered a serious injury on another person’s property, you should consult with a personal injury lawyer in Salt Lake City.
The personal injury attorneys at our law offices can help you understand your rights and options under Utah law. Develop an effective attorney-client relationship with our personal injury lawyers to ensure the best possible outcome for your case.
Get in touch with us today for a free consultation.
