Provo Premises Liability Attorney

Property owners have a duty to keep their premises safe, and when they fail, victims deserve compensation. Flickinger Boulton Robson Weeks will fight for your rights. Call (801) 500-4000 to schedule a free consultation today.

If you were injured due to unsafe conditions on someone else’s property in Provo, you may have a premises liability case.

Imagine enjoying a fun day in downtown Provo—maybe you’re strolling along University Avenue or heading to a local cafe to meet friends. Suddenly, an unexpected hazard on someone else’s property causes you to fall or otherwise get hurt. In an instant, your day shifts from carefree to stressful and painful. You have injuries that need medical attention, possible lost work hours, and a growing sense of anxiety. You start to wonder: How will I cover these costs? Who is responsible for my injuries? And is there any way to hold the property owner accountable?

These worries can become overwhelming if you’re not sure where to turn. Fortunately, you don’t have to navigate this alone. An experienced Provo premises liability attorney at Flickinger Boulton Robson Weeks can help you understand your legal options and pursue compensation to alleviate the financial and emotional burden of your accident.

Provo—well-known for its vibrant community, Brigham Young University, and beautiful mountain scenery—should be a place where residents and visitors feel safe. When that sense of security is shattered by a negligent property owner, you deserve justice. Let’s explore what premises liability law entails and how you can protect your rights.

Overview of Premises Liability Law in Provo

Premises liability law in Provo, as in the rest of Utah, is built around the principle that property owners have a responsibility to keep their premises reasonably safe. When they fail to do so, and someone is injured as a result, the injured party may have the right to seek compensation. This legal concept applies to many types of properties, including retail stores, restaurants, private homes, apartment complexes, and public facilities throughout Provo.

Under Utah law, the extent of a property owner’s duty depends on the relationship between the visitor and the owner. For example, a paying customer (like a shopper or restaurant patron) is typically owed a higher standard of care than a trespasser. Still, the core principle remains that any property should be maintained in a way that does not unreasonably endanger others.

If you’ve been injured due to a slippery floor, a broken staircase, or any other hazard on someone else’s property, you may have a valid premises liability claim. Understanding how these cases work can help you determine the best path forward. In many cases, consulting a Provo premises liability attorney is the first step toward justice.

Common Types of Premises Liability Cases

Premises liability covers a wide range of scenarios where individuals are hurt due to unsafe or improperly maintained conditions on someone else’s property. Below are some of the most common types of premises liability cases seen in Provo and across Utah:

1. Slip and Falls: Slip and fall accidents are among the most frequent premises liability claims. These incidents often happen when floors are wet, icy, or otherwise dangerously slick. In Provo, snowfall during the winter months can create hazardous walking conditions, especially if property owners fail to clear walkways or apply salt to icy spots. Slip and falls can lead to severe injuries like fractured hips, broken wrists, or traumatic brain injuries. When a slip and fall happens due to a neglected spill in a supermarket aisle or a poorly maintained sidewalk, the property owner or manager may be liable.
2. Trip and Falls: Tripping accidents differ slightly from slips. They usually occur when an uneven surface, poorly placed extension cord, or hidden step causes someone to catch their foot and fall. Even a simple misstep on a neglected curb can result in serious injury. Property owners and managers should ensure walkways are level, unobstructed, and clearly marked.
3. Inadequate Security: In some premises liability cases, a property owner may be held responsible if a person is assaulted or otherwise harmed on their property due to insufficient security measures. For instance, a landlord might be liable if they failed to repair broken locks or provide adequate lighting in an apartment complex, enabling criminal activity. Similarly, shopping centers or parking garages that lack proper surveillance or security personnel could face liability if these shortcomings lead to an attack or robbery.
4. Dog Bites and Animal Attacks: While dog bite cases in Utah can sometimes fall under separate statutes specific to animal liability, they can also overlap with premises liability principles. If a homeowner or renter knows their dog is aggressive but fails to secure the animal, they may be responsible for injuries caused to visitors or passersby. Provo neighborhoods are known for being family-friendly, and pets are commonplace. However, an unrestrained or vicious dog poses a serious risk, and owners who neglect this duty to keep others safe could face a lawsuit.
5. Swimming Pool Accidents: Private and public pools require diligent safety measures—such as fences, locked gates, and visible signage warning of deep water or slippery decks. When these measures are lacking, tragic accidents like drownings or near-drownings can occur, leading to serious injuries or fatalities. Owners and managers must take every reasonable precaution to prevent foreseeable accidents.
6. Falling Objects: Shelves stacked carelessly in a grocery store or goods placed precariously on top of each other in a warehouse can topple and cause injuries. If a business fails to store items safely or provide warnings about potential falling hazards, they could be held liable.
7. Construction Site Hazards: In a growing city like Provo, new buildings and renovations are common. Construction sites often pose risks such as unmarked drop-offs, exposed wiring, or falling debris. If a bystander or unauthorized individual is injured due to negligent site management, premises liability could apply.

In all these scenarios, the core issue is whether the property owner or occupant failed to maintain a reasonably safe environment or warn visitors of hidden dangers. If so, they may be held responsible for the resulting injuries. Consulting an experienced Provo premises liability lawyer at Flickinger Boulton Robson Weeks can help determine if you have a valid claim and guide you through each step of the legal process.

Legal Responsibilities of Property Owners in Provo

Property owners in Provo, like those throughout Utah, have a legal obligation to keep their premises in a condition that is reasonably safe for visitors. The exact nature of this obligation can vary depending on the visitor’s status—invitee, licensee, or trespasser—and the type of property in question. Below are the general responsibilities property owners must uphold:

• Regular Inspections and Maintenance: A primary requirement is for owners to regularly inspect their property to identify potential hazards. Think of a grocery store manager who must check aisles for spills, or a homeowner who should fix a broken front step. Timely inspections help catch dangerous conditions before they cause injuries. Once hazards are identified, property owners must take prompt action to fix them or, at the very least, to provide clear warnings—like putting up a wet floor sign or roping off a broken stair.
• Adequate Security Measures: Especially for property owners who invite the public onto their premises—such as malls, parking garages, or event venues—ensuring sufficient security is crucial. This could mean installing proper lighting, maintaining functional locks, or hiring security personnel in areas known for higher crime rates. Failing to do so may render the owner liable if a crime or attack occurs because of these security lapses.
• Safe Entrances and Exits: Entrances, exits, and emergency exits should be free of blockages or other hazards. In buildings frequented by large crowds, like Provo’s popular shopping centers, the ability to safely enter and exit can be crucial for preventing overcrowding or tripping risks, particularly in emergencies.
• Compliance with Building Codes: Local and state building codes exist for a reason: to protect public safety. Property owners must follow these codes when constructing or renovating buildings. This includes having proper handrails on staircases, installing adequate fire safety systems, and ensuring structural stability. Non-compliance can be a red flag for negligence.
• Warn of Known Dangers: Not all hazards can be immediately fixed—some might require time to repair or might be inherent to the property’s nature. In such cases, property owners have a duty to clearly warn visitors of these dangers. Common examples include posting signs about a slippery pool deck or marking uneven ground with bright paint or cones.
• Protecting Children: Child safety often requires extra consideration, particularly for “attractive nuisances” such as swimming pools, construction sites, or abandoned vehicles that might lure children. Property owners should go above and beyond to secure these areas, understanding that children may not fully grasp potential dangers.

Whether you are a guest at a Provo hotel or a tenant in an apartment complex, the property owner’s legal obligations remain largely the same—to provide a reasonably safe environment. When owners fail to live up to these responsibilities, causing you harm, you shouldn’t shoulder the burden of medical bills and other damages alone.

Speaking with a Provo premises liability attorney at Flickinger Boulton Robson Weeks can help you navigate Utah’s complex legal landscape and ensure your rights are protected.

Proving Negligence in a Premises Liability Case

To succeed in a premises liability claim, you must demonstrate that the property owner or occupant acted negligently. Essentially, you need to show that they failed to meet the standard of care owed to you. Under Utah law, proving negligence generally involves four key elements.

Duty of Care: The first step is establishing that the property owner owed you a duty of care. If you were legally on the premises—say, as a customer, tenant, or invited guest—the owner almost certainly has a responsibility to keep the property free of unreasonable hazards. Even in some trespassing situations, owners may owe limited duties depending on the circumstances (for instance, a known trespasser or a child wandering onto the property).

Breach of Duty: Once you’ve shown the owner owed you a duty, you need to prove they breached—or failed to fulfill—that duty. For example, if a manager at a Provo restaurant ignored a wet floor for hours without putting up a caution sign, or a landlord didn’t fix broken outdoor lighting in a known high-crime area, this lack of action may constitute a breach.

Causation: Next, you must establish that the breach of duty directly caused your injuries. This is often referred to as the “but for” test: But for the property owner’s negligence, would you have been injured? If the wet floor was the reason you slipped and fell, the restaurant’s negligence caused your injury. However, if you tripped over your own shoelaces, the restaurant might argue they’re not liable.

Damages: Finally, you have to show that you suffered actual damages, be it medical bills, lost wages, pain, suffering, or emotional distress. Documenting these damages with hospital records, therapy bills, and proof of missed work can bolster your claim.

Each of these elements must be proven to secure compensation. Gathering compelling evidence, such as eyewitness accounts, photographs of the hazard, and expert testimony, can significantly strengthen your case.

That’s why working with an experienced Provo premises liability attorney at Flickinger Boulton Robson Weeks can make all the difference. Our team knows what it takes to build a persuasive argument, protect your interests, and help you obtain the compensation you deserve.

Steps to Take After an Injury on Someone Else’s Property in Provo

Being injured on someone else’s property can be both painful and disorienting. However, the actions you take immediately after the incident can profoundly affect your ability to file a successful claim. Here’s what to keep in mind:

1. Seek Medical Attention: Your health is the top priority. Even if your injuries seem minor, see a doctor or go to the nearest emergency room for an evaluation. Some injuries—like concussions—may not be immediately apparent.
2. Report the Incident: Notify the property owner or manager right away. If it’s a commercial establishment, ask if they have an incident report form. In some cases, especially if the injury is severe, you might want to call the police or local authorities to document the event.
3. Gather Evidence: If you’re able, take photos or videos of the hazardous condition that caused your injury—like a broken handrail or a wet floor without a warning sign. Also photograph any visible injuries you have. Collect contact information for any witnesses.
4. Keep Records: Save all relevant documents, including medical bills, discharge papers, and receipts for medication or assistive devices (like crutches). Maintain a journal detailing your pain levels, missed workdays, and daily struggles due to the injury.
5. Avoid Giving Statements: Be cautious when speaking about the incident, especially with insurance adjusters. They may use your statements against you to minimize their liability. Consult an attorney before providing detailed information.
6. Consult a Provo Premises Liability Attorney: Promptly reaching out to a local lawyer can help protect your rights. The team at Flickinger Boulton Robson Weeks can guide you on what steps to take next, how to deal with insurance companies, and how to gather the necessary evidence to support your claim.

Taking these steps not only prioritizes your well-being but also lays a strong foundation for any legal claim you may decide to pursue.

Compensation Available for Premises Liability Victims

Suffering an injury on someone else’s property can be both physically and financially draining. Medical expenses may mount quickly, and you could lose wages during your recovery. Fortunately, Utah law allows victims to pursue various forms of compensation to offset these burdens. Below are the common types of damages you may be entitled to:

• Medical Expenses: This category covers everything from your initial emergency room visit to ongoing treatments such as physical therapy, follow-up doctor appointments, and even surgeries that might become necessary down the line. Be sure to keep copies of all medical bills, prescriptions, and receipts for medical equipment.
• Lost Wages and Loss of Earning Capacity: If your injury forces you to miss work, you can seek compensation for lost wages. In more severe cases, you might find that your injuries limit your future earning capacity—meaning you can no longer perform the same job duties or must reduce your working hours. If that’s the case, you may also be eligible for damages that compensate for lost future income.
• Pain and Suffering: Beyond the immediate financial toll, injuries often come with physical pain, emotional distress, and mental anguish. Utah law recognizes that pain and suffering is a significant harm, and you can seek monetary damages for it. Documenting your experiences, such as keeping a daily journal of your symptoms, can strengthen this part of your claim.
• Emotional Distress and Mental Health Treatment: Accidents can lead to anxiety, depression, or even Post-Traumatic Stress Disorder (PTSD). If you require therapy or counseling, you can include these expenses in your claim. Psychological harm is often overlooked, but it can be just as debilitating as a physical injury.
• Property Damage: In some premises liability cases, personal belongings like your phone, eyewear, or clothing may be damaged during the incident. You can typically seek compensation to cover the cost of repairs or replacements.
• Punitive Damages: Punitive damages are less common but may apply in situations where the property owner’s behavior was exceptionally reckless or malicious. Unlike compensatory damages, which aim to make the victim “whole,” punitive damages are designed to punish the wrongdoer and deter similar conduct.
• Wrongful Death Damages: Tragically, some premises liability accidents result in fatalities. If you’ve lost a loved one due to a property owner’s negligence, you might pursue a wrongful death claim. This can include compensation for funeral costs, loss of companionship, and the deceased individual’s lost earnings.

The exact amount of compensation awarded depends on various factors, such as the severity of your injuries, the clarity of the owner’s negligence, and Utah’s comparative negligence rules. Having a dedicated Provo premises liability attorney from Flickinger Boulton Robson Weeks on your side can greatly enhance your odds of receiving a fair settlement.

Our firm has secured significant results in personal injury cases, including multi-million-dollar settlements and verdicts, demonstrating our commitment to fighting for the compensation you need to recover fully.

Dealing with Insurance Companies in Premises Liability Claims

One of the most challenging aspects of a premises liability claim can be navigating the insurance process. Property owners typically have liability insurance, but the insurer’s main goal is often to minimize payouts. Here are key considerations and strategies for dealing with insurance companies:

• Contact Your Attorney First: After any serious accident, your priority should be your health and well-being. Before engaging in lengthy discussions with the insurance adjuster, consult an experienced Provo premises liability lawyer who can guide your interactions. Insurance adjusters may use anything you say to reduce or deny your claim.
• Watch Out for Quick Settlement Offers: In some cases, insurance companies might offer a fast settlement soon after you file your claim. While it can be tempting to accept money quickly, especially if you’re dealing with mounting medical bills, these initial offers often fall short of the true value of your case. An attorney can help you evaluate whether the settlement is fair or whether you should negotiate for more.
• Document All Interactions: Keep track of every phone call, email, or letter you exchange with the insurance provider. Note the date and time of calls, the name of the insurance adjuster you spoke with, and the details of your conversation. Documentation can be crucial if there is a dispute about what was said or offered.
• Provide Evidence Strategically: Insurance companies rely heavily on evidence—such as medical records, photographs of the scene, and witness statements—to evaluate claims. Providing thorough, well-organized evidence of negligence and damages will strengthen your position. However, avoid oversharing or giving them direct access to your entire medical history. Your attorney can ensure you only provide the documents necessary to validate your claim.
• Don’t Admit Fault: Even if you suspect you share some responsibility for the accident, do not make admissions of fault to the insurer. Utah operates under a modified comparative negligence system, which means your compensation can be reduced if you’re partly at fault. It’s the insurer’s job to prove fault, not yours.
• Be Prepared for Lengthy Negotiations: Insurance companies sometimes draw out the process, hoping claimants will accept a lower settlement out of frustration. With a skilled attorney advocating on your behalf, you can remain patient yet assertive. If negotiations stall, we can file a lawsuit and pursue the matter in court.
• Keep the Lines of Communication Open: While you should be cautious about your statements, responding in a timely and professional manner to the insurance company’s requests—through your lawyer—can show you’re serious about resolving the claim.

Dealing with insurance companies can be daunting, especially when you’re trying to recover from an injury. Having a knowledgeable Provo premises liability attorney from Flickinger Boulton Robson Weeks by your side can help you navigate these complexities, push back against lowball offers, and strive for the compensation you truly deserve.

How Our Firm Assists Premises Liability Victims in Provo

When you’ve been hurt on someone else’s property, you may feel overwhelmed by the medical appointments, piling bills, and legal complexities. At Flickinger Boulton Robson Weeks, we believe you shouldn’t have to face these challenges alone. Our mission is to offer personalized, compassionate legal support to Provo residents who have been injured due to a property owner’s negligence. Here’s how we can help:

• Free Initial Consultation: We start by listening to your situation. During a free consultation, we’ll learn about your accident, your injuries, and the impact on your daily life. This conversation helps us determine the strengths of your claim and advise you on whether legal action is the best step forward.
• Thorough Investigation: Our team includes attorneys with a proven track record in personal injury cases, such as Mark T. Flickinger (a founding partner with extensive experience) and Brett R. Boulton (who specializes in a range of personal injury matters). We collaborate with investigators, medical professionals, and other experts to gather solid evidence. This may include inspecting the site of the accident, interviewing witnesses, and reviewing any available surveillance footage. Building a robust evidence base is crucial to establishing liability.
• Handling Insurance Companies: Insurance negotiations can be tricky, especially when adjusters attempt to reduce or deny claims. Our firm will act as your advocate, communicating and negotiating with the insurance company on your behalf. We’re well-versed in tackling the tactics insurers use to limit payouts, and we won’t hesitate to push back if they offer a settlement that doesn’t reflect your needs.
• Comprehensive Damage Assessment: Our attorneys know that the real impact of an injury extends beyond immediate medical bills. By working with financial experts, we can calculate future expenses—such as ongoing therapy, home modifications, or reduced earning capacity. This ensures your claim reflects the full range of your losses, including pain and suffering, emotional distress, and any other non-economic damages you might be entitled to under Utah law.
• Customized Legal Strategy: No two premises liability cases are identical. You might have slipped on a spill in a popular Provo shopping mall or suffered a dog bite in your neighbor’s yard. Each scenario requires a tailored legal approach. We discuss potential strategies with you, whether that’s seeking a swift settlement or preparing for litigation. Our goal is to align our actions with your best interests and comfort level.
• Litigation and Trial: While most cases settle out of court, we prepare from day one as though we’ll be presenting your case to a judge or jury. Our lawyers are seasoned litigators who aren’t afraid to go to trial if that’s what it takes to achieve justice. From gathering expert testimony to creating compelling legal arguments, we approach trial work with diligence and determination.
• Notable Settlements and Verdicts: Our firm’s commitment to excellence is reflected in our record of multi-million-dollar settlements and verdicts. For instance, we secured $5 million for a wrongful death involving an adult child and $128 million in a high-profile sexual abuse case. These results underscore our dedication to pursuing the maximum compensation possible for our clients.
• Compassionate Support: Beyond legal representation, we offer a supportive environment. We understand the emotional toll an accident can take on you and your family. Our team strives to be approachable and empathetic, whether you need someone to clarify legal jargon or just listen to your concerns.

From start to finish, Flickinger Boulton Robson Weeks is committed to advocating for your rights. We believe Provo should be a safe place for everyone, and when negligent property owners violate that safety, we will help you get justice.

Frequently Asked Questions About Premises Liability in Provo