Understanding Visitor Status and Duty of Care in Utah

If you’ve been injured on someone else’s property, you deserve compensation. Don’t wait; reach out to Flickinger Boulton Robson Weeks today to discuss your options.

When an injury occurs on someone else’s property, the property owner’s legal responsibility depends on the visitor’s status at the time of the accident. In Utah, premises liability laws classify visitors into different categories, each determining the level of duty of care owed by the property owner.

Understanding these distinctions is essential when pursuing a premises liability claim, as they directly impact whether a victim is entitled to compensation.

At Flickinger Boulton Robson Weeks, our Utah premises liability attorneys help injured victims understand their legal rights, determine whether negligence played a role in their accident, and fight for the compensation they deserve.

Whether you were visiting a business, private residence, or public space, we are here to ensure that property owners are held accountable for failing to maintain a safe environment.

If you or a loved one suffered an injury due to dangerous property conditions, contact us today for a free consultation to discuss your case.

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Classification of Visitors: Invitees, Licensees, and Trespassers

In Utah premises liability law, visitors to a property are classified into three categories: invitees, licensees, and trespassers. This classification helps determine the legal responsibilities of property owners when an accident occurs.

Invitees

An invitee enters a property for the owner’s benefit, usually for business or public purposes. Invitees typically include:

Customers at a store, restaurant, hotel, or shopping mall.
Clients visiting an office or business for professional services.
Members of the public using government buildings, parks, or other public spaces open for general use.

Invitees are present with express or implied permission and contribute in some way to the property owner’s operations.

Licensees

A licensee is a visitor who enters a property with the owner’s permission but for personal reasons rather than business purposes. Examples include:

Friends or family members visiting a private home.
A neighbor stopping by for a social visit.
Utility workers or delivery drivers who enter the property for limited purposes.

Licensees are not there for the owner’s benefit but still have permission to be on the property.

Trespassers

A trespasser is someone who enters a property without permission from the owner. This can include:

Individuals cutting through private property without authorization.
Someone entering a vacant building or construction site without approval.

Since trespassers are on the property illegally, they generally have fewer legal protections than invitees or licensees.

Understanding these classifications is essential in determining whether a property owner may be held liable for injuries on their premises.

Duty of Care Owed to Each Classification

In Utah premises liability cases, a property owner’s legal responsibility to a visitor depends on their classification as an invitee, licensee, or trespasser. The level of care required varies, with invitees receiving the highest protection and trespassers generally having the least.

Duty of Care Owed to Invitees

Property owners owe invitees the highest duty of care because these individuals are on the property for the owner’s benefit. This means property owners must:

Regularly inspect the premises to identify potential hazards.

Promptly repair dangerous conditions to prevent injuries.

Provide warnings about hazards that cannot be immediately fixed, such as wet floors or construction zones.

Duty of Care Owed to Licensees

Licensees enter a property for their own personal reasons with the owner’s permission, so property owners owe them a lower duty of care. Owners must:

Warn licensees of known hazards that may not be obvious (e.g., a loose handrail or an aggressive pet).
Avoid creating dangerous conditions that could cause harm.

Unlike with invitees, property owners are not required to inspect the premises or fix hazards for licensees.

Duty of Care Owed to Trespassers

Generally, property owners owe no duty of care to trespassers except in specific situations. However, they cannot intentionally harm trespassers (e.g., setting traps).

There is an exception for child trespassers under the attractive nuisance doctrine. If a property contains a hazard likely to attract children (such as an unfenced swimming pool), the owner must take reasonable steps to prevent harm.

Understanding these duties is crucial in determining liability in a premises liability case. If you’ve been injured due to a property owner’s negligence, Flickinger Boulton Robson Weeks can help. Contact us today for a free consultation.

How Visitor Status Affects Premises Liability Claims

In Utah premises liability cases, the outcome of an injury claim often depends on the visitor’s legal status at the time of the accident. Property owners owe different levels of care to invitees, licensees, and trespassers, which directly impacts a victim’s ability to recover compensation.

Stronger Claims for Invitees

Since invitees are given the highest duty of care, their premises liability claims are often stronger. To succeed in a claim, an invitee must prove:

The property owner knew or should have known about a hazard.
The owner failed to fix or warn about the hazard.
The hazard directly caused the injury.

Because property owners are required to inspect their premises, invitees often have a valid case if a known danger was ignored.

Limited Claims for Licensees

Licensees have a weaker claim because property owners are not required to inspect for hazards. A licensee must prove that:

The owner knew about a danger but failed to warn them.
The hazard was not obvious or easily avoidable.

If the danger was open and visible, property owners may argue the licensee should have seen and avoided it.

Difficult Claims for Trespassers

Trespassers typically cannot file a premises liability claim unless an exception applies, such as:

The owner intentionally caused harm (e.g., setting traps).
A child was injured due to an attractive nuisance like an unfenced pool.

Why Legal Help Matters

Since visitor status impacts liability, a skilled attorney can evaluate your case and build a strong claim. At Flickinger Boulton Robson Weeks, we fight for injury victims to recover the compensation they deserve. Contact us today for a free consultation.

Flickinger Boulton Robson Weeks

If you’ve been injured due to unsafe conditions on someone else’s property, understanding your legal rights is crucial. At Flickinger Boulton Robson Weeks, we are committed to holding negligent property owners accountable and helping victims recover the compensation they deserve. Whether your injury occurred at a business, private residence, or public space, our experienced Utah premises liability lawyers will guide you through every step of the legal process. Contact a premises liability lawyer today at (801) 500-4000 for a free consultation, and let us help you seek justice and financial recovery for your injuries.

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