If you’ve been injured on someone else’s property in Orem, Utah, you may be entitled to compensation through a legal process called premises liability.
At Flickinger Boulton Robson Weeks, we understand how overwhelming and confusing it can be to navigate the legal system after an accident. Whether it was a slip and fall, a dog bite, or an incident at a rental property, understanding your rights and options is crucial.
Our experienced team of Orem premises liability lawyers is here to guide you through every step of the process. We know personal injury law in Utah, and we know what it takes to get you the compensation you deserve. In this article, we will explain what premises liability is, common causes of premises liability incidents, and the steps to take after an injury in Orem.
Premises liability law in Utah covers the responsibilities that property owners and occupiers have to ensure their grounds are reasonably safe for visitors.
Whether the property is a home, a grocery store, or an apartment complex, the person or organization responsible must maintain it in a way that minimizes the risk of injury to guests. If they fail in this duty, and someone gets hurt, that property owner might be liable for damages.
Utah premises liability law generally applies when an injury is caused by a dangerous condition that the owner knew about or should have known about. Examples of dangerous conditions include wet floors, uneven pavement, icy walkways, and loose handrails. These problems can lead to serious injuries such as broken bones, head trauma, or severe cuts.
Proving a property owner’s negligence involves showing that they did not address hazards in a timely manner or provide warnings to visitors. Additionally, it must be shown that this negligence directly caused the victim’s injuries.
When successful, premises liability claims allow victims to recover compensation for medical bills, lost earnings, and other damages. An experienced Orem premises liability lawyer can help you gather evidence, understand your legal rights, and work toward a fair settlement.
Many people think of slip and fall accidents when they hear about premises liability. While it is true that slip and falls are common, there are other types of premises liability cases as well.
Each situation can be distressing, and the resulting injuries can affect every part of your life. Understanding the most common types of premises liability cases in Orem can help you spot potential risks and know when you may have a valid claim.
Slip and fall incidents can happen in many places, including restaurants, grocery stores, and public sidewalks. Often, these accidents occur because of spilled liquids, loose cords, or uneven flooring.
In a busy supermarket, for instance, a recently mopped floor might not have proper warning signs, causing shoppers to walk onto a surface that is more slippery than expected. If a person falls and injures their hip or shoulder, they could face weeks of recovery.
Sometimes, older adults are especially vulnerable because a broken hip can lead to serious complications. According to the Centers for Disease Control and Prevention, over three million older Americans are treated in emergency rooms for fall injuries each year. A property owner who ignores a clear hazard like a wet floor may be liable for the injuries that occur as a result.
Another category of premises liability involves inadequate security. Certain properties, such as shopping centers or apartment complexes, may be in areas with higher crime rates or known safety risks.
Owners and managers of these properties should take reasonable precautions to protect visitors from harm. That can mean installing proper lighting, using fences or gates, or hiring security personnel. When they fail to do so, individuals might become victims of assaults, robberies, or other criminal acts on the property.
If it can be shown that the crime was foreseeable and that the owner did not take appropriate steps to address the risk, the victim might have a premises liability claim.
Dog bite cases often fall under premises liability law, especially if the bite happens on the owner’s property. In Utah, owners are usually responsible for their dog’s actions. This is sometimes referred to as strict liability, meaning that if a dog bites someone without provocation, the owner is often legally responsible for the injuries.
This includes medical bills, lost wages, and sometimes compensation for pain and emotional distress. Children are often the victims of dog bites because they might not know how to keep a safe distance from an unfamiliar dog.
Dog bite injuries can be severe. A powerful dog could leave a person with puncture wounds, nerve damage, or even disfigurement. If the attack happened on the owner’s property, and the victim had permission to be there, this may give rise to a strong premises liability claim.
While slip and falls, inadequate security, and dog bites are among the most common, premises liability can also include a wide range of other dangers.
For instance, exposure to toxic substances or injuries caused by falling objects may be covered under this area of law. Any unsafe condition that the property owner failed to address might form the basis for a premises liability claim.
Property owners in Utah owe a certain level of care to people who enter their premises. The specifics of this duty can depend on the reason the visitor is on the property. Generally, visitors are categorized as invitees, licensees, or trespassers. Each category can affect how a court views the property owner’s responsibilities.
Invitees are individuals who have been invited onto the property for a purpose that benefits both the visitor and the owner. Customers in a store, for example, are invitees. Property owners owe them the highest duty of care.
This means owners must inspect their property regularly for potential hazards and correct any dangerous conditions in a reasonable timeframe. If it is not possible to fix a hazard immediately, owners should provide clear warnings. Failing to do so may result in liability if an invitee is injured.
Licensees are people who have permission to be on the property but are there for their own purposes, not necessarily for the mutual benefit of both parties. An example is a social guest at a friend’s home.
For licensees, property owners must ensure that any known dangers are either fixed or clearly pointed out. They do not have the same obligation to actively search for new hazards as they do for invitees. However, if an owner knows of a hazard that could harm a guest, and does not warn the guest, the owner could still be found negligent.
Trespassers are individuals who enter a property without permission. In many cases, a property owner’s duty toward trespassers is minimal. They often only need to refrain from willful or wanton harm, meaning they should not intentionally create hazards aimed at injuring trespassers.
However, there are exceptions, particularly when children are involved. This is sometimes referred to as the “attractive nuisance” doctrine, where something like an unfenced swimming pool could draw children in and potentially endanger them.
In practical terms, property owners in Utah should take reasonable measures to keep their premises safe. This can include regular maintenance, prompt repairs, and posting warning signs in areas with known risks.
For instance, if there is an uneven step at a business entrance, the owner should fix it or mark it so customers can avoid tripping. The key point is that the owner’s level of responsibility may vary based on the visitor’s status, but in all cases, ignoring known dangers can lead to liability.
By understanding these distinctions, you can see why it is important to discuss the facts of your case with a lawyer. Determining whether you were an invitee, licensee, or trespasser may shape the course of your claim and the compensation you can pursue.
Negligence is at the heart of every premises liability claim. When someone is injured on another person’s property, they must show that the owner’s carelessness or failure to act led to the harm. Although the details of each case can vary, proving negligence often involves four basic elements.
First, you must show that the property owner owed you a duty of care. This usually depends on why you were on the property.
As explained before, invitees and licensees have different levels of protection. If you were a customer in a store, you were an invitee, so the owner had a high duty to keep the premises safe.
Next, you must show that the property owner breached this duty. Breach can happen in many ways. Perhaps the owner ignored a dangerous situation for too long, or maybe they failed to warn visitors about a wet floor. If a property owner was aware of a hazard but did nothing about it, that often points to a breach of duty.
Even if a property owner breached their duty, you need to show that this breach actually caused your injuries.
This means drawing a clear line between the hazard and your injury. For instance, if you slipped on a puddle of water in a hotel lobby, you have to show that the property owner’s failure to clean it or warn you caused you to fall and get hurt.
Finally, you need to prove you suffered actual damages. Damages could include medical expenses, lost wages, or physical pain. If the incident did not lead to measurable harm, then there is no valid claim, even if the property owner was negligent. Your premises liability attorney in Orem can help you calculate the full range of damages you are owed.
Proving these elements can be challenging. You might need photos of the hazard, witness statements, or expert testimony to show that the owner knew or should have known about the danger. In some cases, surveillance camera footage can provide strong evidence of how long a hazard was present.
Medical records are also important. They connect your injuries to the accident. These records can show how serious your injuries are, as well as the treatments you have needed and may need in the future.
By collecting the right evidence and presenting it effectively, you increase your chances of a successful claim. An Orem premises liability lawyer can help organize this information and argue on your behalf. They know how to deal with insurance adjusters who might try to shift blame or minimize your damages. By having strong evidence and a clear presentation, you give yourself the best chance at receiving fair compensation for your injuries.
If you have been hurt on another person’s property in Orem, it can be a confusing and scary time. Knowing what to do can ease your stress and help protect your legal rights.
While every situation is different, there are several general steps that can guide you if you find yourself in this unfortunate circumstance.
Your health should always be the first priority. If you experience any pain or discomfort, see a doctor as soon as possible. Some injuries might not show immediate symptoms, so a prompt medical evaluation can prevent complications later on.
Getting immediate care also helps document the connection between the incident and your injuries, which can be crucial when filing a claim.
Let the property owner or manager know about your injury right away. For example, if you slipped in a store, ask to speak with a supervisor or manager and complete an incident report. Keep a copy of any paperwork. This report may serve as important evidence if you file a claim later.
If it is safe and possible, take pictures or videos of the hazard that caused your injury. Also, photograph your injuries if they are visible.
Write down the location, time, and date of the accident. If anyone witnessed the event, ask for their name and contact information. Eyewitnesses can provide valuable support if the property owner disputes what happened.
Maintain a file with all of your medical bills, receipts, and any other documents related to your injury. Note each doctor’s appointment, treatment, or prescription you receive. These records help show the extent of your financial losses and support the seriousness of your claim.
Soon after an accident, you might hear from an insurance adjuster. It is best to be careful when speaking with them. Adjusters may try to get you to settle quickly for an amount that does not fully cover your costs. You are not required to give a recorded statement without consulting an attorney first. Anything you say could be used to reduce your compensation.
A knowledgeable Orem premises liability attorney can make a significant difference in the outcome of your case. They can advise you on your rights, help gather evidence, and negotiate with the insurance companies. Their experience in similar cases is valuable when trying to build a compelling argument for why the property owner should be held accountable.
Throughout this process, continue following your doctor’s instructions. Attend all follow-up appointments and stick to any recommended treatments or physical therapy sessions. This demonstrates that you are taking your injury seriously and working hard to recover.
Taking these steps helps you stay organized and prepared. It can also speed up the process of resolving your claim so you can focus on getting better and moving forward with your life.
When you are injured on someone else’s property because of their negligence, you may be entitled to compensation to cover the costs and losses you have endured. Being hurt can lead to many unexpected challenges.
You might worry about medical bills, missing work, and the pain you are living with. While no sum of money can fully erase your suffering, fair compensation can relieve financial stress and allow you to focus on healing.
Medical costs are often the biggest concern for injured people. These can include ambulance fees, emergency room visits, surgeries, hospital stays, prescription medications, and rehabilitation services.
Some serious injuries, like spinal cord damage or traumatic brain injuries, may require ongoing medical care, possibly for years.
When pursuing compensation, it is important to consider both current and future medical needs. You do not want to settle for an amount that only covers your initial hospital bills, leaving you with out-of-pocket expenses later on.
Another significant loss is missed income. If your injuries force you to take time off work, you can seek compensation for those lost wages. In more severe cases, injuries might prevent you from returning to the same job or performing the same tasks you did before.
You might need to switch to a lower-paying position or leave the workforce entirely. If that happens, you can also pursue damages for reduced earning capacity. This element of compensation helps address the long-term impact on your ability to support yourself and your family.
Injuries do not only result in financial burdens. There is also the emotional toll and physical pain you experience. Pain and suffering damages recognize the distress caused by the injury.
This includes ongoing aches, loss of mobility, anxiety, depression, and reduced enjoyment of life. While pain and suffering can be harder to measure in dollars, it is still a real form of damage that you can seek in a premises liability claim.
Beyond pain, you might struggle with psychological effects. Emotional distress damages could cover conditions like post-traumatic stress disorder, panic attacks, or long-term anxiety related to the incident.
These feelings can significantly affect your ability to engage in daily activities or enjoy the same quality of life you had before. Treatment for mental health conditions can involve therapy or medications, which can also create financial strain.
Sometimes, an injury impacts your relationship with your spouse or family members. This concept is called loss of consortium.
Serious injuries can limit your ability to maintain the same level of companionship, intimacy, or help you once provided. Although less common in premises liability cases than in certain other types of claims, it remains an avenue of compensation in some circumstances.
In very rare cases, you might also be awarded punitive damages. These are intended to punish the property owner if their conduct was especially reckless or malicious. While such awards are not common in premises liability cases, they can arise if the owner willfully ignored a severe hazard or acted in bad faith.
Determining how much compensation you should receive can be complex. It involves adding up your monetary losses and estimating the value of intangible harms like pain and emotional distress. Because of these complexities, it is crucial to consult with an attorney who can help you calculate a fair claim amount.
By seeking compensation, you are not only looking for financial relief. You are also holding the negligent property owner accountable. This, in turn, encourages property owners to maintain safer conditions, potentially preventing similar incidents in the future.
At Flickinger Boulton Robson Weeks, we have a long history of helping people who have been harmed by the negligence of others.
We understand that an injury can turn your life upside down. Medical bills appear, you may be unable to work, and the emotional toll can be devastating. Our team is here to guide you through the legal process so you can focus on healing and regaining control of your life.
Our approach starts with listening. We know every client’s story is unique. One person might be coping with a broken leg from a slip and fall in a grocery store. Another might be recovering from trauma after an attack in a poorly lit parking lot.
Whatever your situation, we want to hear exactly how this injury has affected you and your loved ones. By understanding your personal experiences and challenges, we can tailor our legal strategy to your specific needs.
We are committed to open communication. Our attorneys will keep you informed about the progress of your case and will be available to answer your questions. We believe that when you feel informed and supported, you can focus on healing instead of worrying about the next step in your legal journey.
Our firm features a dedicated team of lawyers who concentrate on personal injury law. Mark T. Flickinger, one of our founding partners, brings deep insight into various injury claims, including those involving hazardous conditions.
Brett R. Boulton specializes in personal injury and is well-known for his skill in negotiations. Kevin K. Robson handles personal injury litigation, offering strong advocacy both in and out of the courtroom. Zeb Q. Weeks has taken on complex cases that require detailed investigations. We also have Daniel M. Woods, Bruce M. Franson, and Sierra Taylor, each with solid backgrounds in personal injury work.
This collective experience has led our firm to achieve impressive results for clients. We have secured large settlements and verdicts in cases involving wrongful death, sexual abuse, class actions, and industrial accidents. While past success does not guarantee the same outcome in every case, it does show our commitment to fighting for the best possible resolution.
Whether you got injured at work or a friend’s house, we’ll help you get the financial compensation you deserve.
When we take on a new premises liability claim, we begin with a thorough investigation. This may include visiting the site of the accident, taking photographs, and reviewing any available surveillance footage.
We also gather medical records and speak with witnesses who can support your account of the incident. If needed, we may consult expert witnesses, such as engineers or security professionals, to help strengthen your claim.
Next, we carefully analyze the legal elements. We examine how the property owner’s duty of care applies in your situation and look for evidence that they breached this duty.
Then, we assess the connection between that breach and your injuries, as well as the extent of your damages. This detailed approach allows us to present a clear and persuasive argument to the insurance company or, if necessary, in court.
Insurance companies often try to minimize payouts to protect their bottom line. They might offer a quick settlement that covers only a fraction of your medical bills.
Our attorneys have experience standing up to these tactics. We negotiate aggressively to ensure that any settlement reflects the full range of your losses, including medical expenses, lost wages, and the intangible costs of pain and suffering.
If negotiations fail to produce a fair agreement, we are prepared to take your case to trial. Our litigators have handled complex cases and are comfortable presenting evidence in front of a judge or jury. By preparing every case as though it might go to court, we send a message to insurance companies that we are serious about pursuing justice.
We also understand that dealing with an injury can involve emotional challenges. You may feel anxious about mounting bills or concerned about how your condition affects your family.
That is why our firm offers compassionate support from the moment you walk through our doors. We see ourselves not only as your legal advocates but also as a source of reassurance during a difficult time.
Over the years, our dedication has led to numerous positive outcomes. We have handled a variety of personal injury cases, including car accidents, work injuries, sexual abuse, and premises liability.
Our notable results include multimillion-dollar settlements that have helped clients cover their losses and rebuild their lives. By focusing on each client’s needs, we aim to secure a settlement or verdict that truly addresses their financial, physical, and emotional challenges.
If you or a loved one has been hurt on another person’s property, do not hesitate to reach out. We are here to help you gather the evidence, navigate the legal system, and pursue fair compensation. With Flickinger Boulton Robson Weeks on your side, you can face the future with greater confidence.
The timeline varies. Some cases resolve in a few months if the property owner’s insurance cooperates, while others may take over a year if court involvement is necessary.
Yes. Utah follows a modified comparative negligence rule, meaning you can still seek compensation as long as you were not more than 50% at fault. However, your compensation may be reduced by your percentage of fault.
Many premises liability attorneys, including us, work on a contingency fee basis. This means you only pay if we recover compensation for you.
Not necessarily. In most cases, insurance covers the damages, so you’re typically dealing with an insurance company rather than suing an individual or business directly.
Speaking with an attorney can help clarify your concerns and provide peace of mind. Contact us for a free consultation to discuss your case.
If you or someone close to you has suffered an injury on another person’s property in Orem, it is time to reach out to a lawyer who is committed to helping people in your situation.
At Flickinger Boulton Robson Weeks, we take pride in offering compassionate, experienced legal representation. We know how challenging it can be to deal with medical bills, lost wages, and the emotional impact of an injury that was not your fault.
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