Best Slip And Fall Lawyers
Slip and fall accidents can occur anywhere. A slip and fall injury can lead to disabilities and life-threatening emergencies. In some cases, trips and stumbles are unavoidable accidents.
However, some slip and fall injuries are the result of negligence. Successful slip and fall claims in Utah must include evidence of certain conditions to determine fault in a premises liability claim.
Factors to Consider When Determining Liability in a Slip and Fall Accident Claim in Utah
Duty to Maintain Safe Premises
Presenting evidence to prove negligence and fault in a slip and fall injury case in Utah can be difficult and complex. The evidence must prove the factors of liability in order to hold a property owner responsible for damages.
Slip and fall accident settlements can be significant. A slip and fall injury victim could be entitled to a substantial amount of compensation depending on the severity of the injury and the amount of medical bills, lost wages, and other financial damages typically associated with slip and fall injuries.
However, the first step is a thorough accident investigation to determine liability.
Contacting an experienced slip and fall attorney in Utah who is familiar with the factors involved in premises liability cases is often the best way to ensure these accidents are handled correctly.
Duty to Maintain Safe Premises
The first factor in a Utah slip and fall injury claim is whether or not the property owner had a duty to maintain safe premises. The law requires that owners of property maintain their premises in a reasonably safe manner for guests and visitors.
Conditions on the property should not create a hazard or danger that could result in an injury to someone.
Common causes of slip and fall incidents that could be the result in the breach of duty to maintain safe premises include:
Uneven or damaged flooring
Spills, drinks, and other items on the floor making the floor slippery
Inadequate or faulty lighting
Broken, missing, or inadequate handrails
Exposed electric or wiring cords
Tiles, damaged carpet, or damaged wood floors
Damaged stairs or steps
Ice or snow on pavement, decks, and stairs
A property owner that fails to maintain safe premises can be held liable for damages in a slip and fall lawsuit. However, you must also consider the other factors relevant in proving liability in a slip and fall accident claim.
How is Reasonableness a Factor in Determining Liability for a Slip & Fall Injury on Someone’s Property?
Reasonableness is the second factor you must consider when determining liability for a fall. You must consider whether the property owner took reasonable precautions to maintain safe conditions on the property.
Were the actions of the property owner sensible when compared to what a reasonable person would do in similar circumstances?
Some of the questions for determining if a Utah property owner is liable for your fall and injury may include:
Did the property owner have a policy for inspecting the property for defects, hazards, and dangers?
What was the property owner’s procedure for making repairs on the premises?
If you slipped and tripped over an object, was there a legitimate reason the object was left in the pathway? Was the object in the pathway for a long enough period for a reasonable person to notice the danger?
Did the property owner take reasonable care to warn visitors of potential dangers?
Would a reasonable person have discovered the hazard?
Did the property owner have a slip and fall risk assessment plan in place to help prevent injuries from stumbles and trips?
Even though the property owner may have breached his duty of care to maintain safe premises, you must also consider your carelessness as a factor in determining liability for a slip trip and fall.
How Can Personal Carelessness Impact My Slip and Fall Accident Settlement?
Most slip and fall insurance companies will examine the accident victim’s personal carelessness as a defense to a slip and fall injury claim. If a victim’s carelessness contributed to the cause of the fall, the amount of your personal injury settlement could be negatively impacted.
For example, would a reasonable and careful person have noticed the object or hazard in time to avoid falling? Were you distracted and not paying attention to your surroundings? Did you ignore warnings of potential danger or hazard?
In some cases when a victim assumes risk by voluntarily and knowingly entering a potentially hazardous situation, that person’s actions could impact a slip and fall injury claim.
However, the assumption of risk does not excuse or eliminate a property owner’s negligence in contributing to or causing a slip and fall injury.