West Jordan Premises Liability Lawyer

If you were injured on someone else’s property in West Jordan, you may have a premises liability case. Flickinger Boulton Robson Weeks will fight for your rights and help you recover damages. Call (801) 500-4000 to schedule a free consultation today.

Premises liability incidents can disrupt your life in a heartbeat. When you’re dealing with injuries and lost wages, the last thing you need is an uphill battle with uncooperative property managers or insurance companies. It’s easy to feel frustrated and overwhelmed, particularly if they try to deny responsibility or offer a mere fraction of what you actually need for recovery.

Fortunately, you don’t have to go through this alone. A West Jordan premises liability lawyer can guide you through Utah’s legal framework, helping you hold negligent parties accountable and pursue the compensation necessary for medical treatments, therapy, and peace of mind.

At Flickinger Boulton Robson Weeks, we’re committed to making sure you receive the personalized care and advocacy you deserve.

Common Types of Premises Liability Cases

While “premises liability” may sound like a legal buzzword, it essentially revolves around property owners’ responsibility to maintain reasonably safe conditions for visitors. Here are some common scenarios in West Jordan where property owners may be held liable for accidents on their premises.

Slip and Falls

Perhaps the most frequent type of premises liability claim, these arise from hazards like wet floors, icy sidewalks, or uneven walkways that haven’t been properly marked or cleared. Falls can lead to severe injuries, including fractures, concussions, spinal damage, and head trauma. Property owners, whether they operate a grocery store, office building, or apartment complex, must take reasonable steps to ensure walkways are safe.

Hazards that contribute to slip and fall accidents include:

• Unmarked wet floors from spills in stores or restaurants
• Cracked pavement or potholes in parking lots
• Loose rugs or torn carpeting in offices or rental properties
• Icy or snowy sidewalks that haven’t been salted or shoveled
• Poorly lit stairwells that make hazards difficult to see

Property owners are required to inspect, repair, or warn visitors about these dangers. Failing to take action can result in liability if someone is injured.

Inadequate Security

Property owners are expected to anticipate potential risks, particularly in high-crime or high-traffic areas. If tenants or visitors suffer assault, robbery, or another violent crime due to poor security, the property owner may be held liable for failing to provide adequate protection.

Common inadequate security issues include:

• Broken locks on apartment doors or gates
• Poor lighting in parking lots, stairwells, or hallways
• Lack of security cameras or surveillance in high-risk areas
• Failure to hire security personnel in locations known for criminal activity

For a premises liability claim, victims must prove that the crime was foreseeable and that the property owner neglected to take reasonable security measures. If landlords or businesses ignore repeated incidents of violence or theft, they could be held accountable for failing to act.

Dog Bites

In Utah, dog owners are strictly liable if their pet bites someone without provocation. This means that victims do not have to prove the owner knew the dog was dangerous. However, in premises liability cases, landlords and property managers may also bear responsibility if they allow dangerous dogs on their property.

Scenarios where a property owner might be liable for a dog attack include:

• A landlord ignoring complaints about an aggressive dog in a rental unit
• An apartment complex failing to enforce leash rules
• A business allowing a stray or aggressive animal to roam its premises

Dog bites can lead to serious infections, permanent scarring, and emotional trauma, making it crucial to take legal action if a property owner’s negligence contributed to the attack.

Swimming Pool Accidents

Swimming pools pose serious risks, especially for young children, and property owners must follow strict safety guidelines to prevent drownings and injuries. Premises liability claims may arise when a pool accident occurs due to negligence.

Common causes of swimming pool accidents include:

• Lack of fencing or secure gates to prevent unsupervised access
• Failure to provide proper warnings about pool depth
• Neglected maintenance, leading to slip-and-fall accidents around the pool deck
• Defective pool drains causing entrapment injuries

If a private homeowner, hotel, or apartment complex owner fails to meet safety requirements, they may be held liable for injuries that occur on the premises.

Construction Site Hazards

Construction sites are inherently dangerous, but property owners and contractors must take measures to protect workers, pedestrians, and visitors. If safety precautions aren’t in place, serious injuries can occur due to:

• Falling debris from scaffolding or construction zones
• Exposed wiring leading to electrocution
• Unmarked holes or trenches that create trip hazards
• Lack of protective barriers around dangerous areas

Workers may be entitled to workers’ compensation, but visitors and bystanders injured due to negligence at a construction site can file a premises liability claim.

Elevator and Escalator Accidents

Malfunctioning elevators and escalators can cause devastating injuries, and property owners must ensure they are properly inspected and maintained. Common hazards include:

• Sudden stops or malfunctions that cause falls
• Uneven leveling between the elevator floor and the building floor, leading to trip hazards
• Escalator entrapments, where clothing or limbs get caught in moving parts

Property owners who fail to maintain and repair these systems may be liable if someone is injured due to a preventable defect.

Toxic Exposure and Hazardous Conditions

Premises liability law also covers toxic exposure cases, where individuals suffer health issues due to unsafe conditions on a property. These may include:

• Mold infestations in apartments causing respiratory problems
• Carbon monoxide leaks in rental units due to faulty ventilation
• Chemical spills in workplaces or commercial properties
• Lead paint exposure in older buildings

Landlords, business owners, and employers have a duty to provide safe environments free from hazardous substances. Failure to do so can result in serious liability claims.

Utah Premises Liability Laws and How They Apply in West Jordan

Utah’s premises liability laws establish that property owners owe a certain level of care to the people who enter their land. However, how those laws apply in West Jordan can be influenced by local ordinances, the type of visitor (invitee, licensee, or trespasser), and the nature of the property. Here’s a breakdown:

1. Duty of Care: Under Utah law, owners must keep their properties in reasonably safe conditions. For public establishments like malls or grocery stores, this typically means inspecting the property regularly, fixing hazards promptly, and warning visitors about potential risks (like “wet floor” signs). West Jordan’s busy retail areas, such as those around Jordan Landing, see plenty of foot traffic, making it crucial for businesses to uphold their duty to ensure safe walkways, exits, and facilities.
2. Status of the Visitor: Utah recognizes three broad categories of visitors:

• Invitees: Individuals on the property for the owner’s benefit (e.g., customers, tenants). Owners owe them the highest duty of care, requiring active maintenance and hazard removal.
• Licensees: Social guests or others present with the owner’s permission but not for a mutual business benefit. Owners must warn these visitors of hidden dangers they’re aware of.
• Trespassers: People who enter without permission. Typically, owners owe them a lesser duty, primarily not to engage in willful or wanton harm. Still, special rules may apply if the trespasser is a child.

1. Comparative Negligence: Utah follows a modified comparative negligence rule. If you, as the injured party, bear partial responsibility for your injury, say, you were running in a no-running zone or ignoring posted warnings, your compensation might be reduced by your percentage of fault. If you’re deemed 50% or more at fault, you may not recover damages at all.

Whether you’re a customer in a West Jordan shop or a visitor at a friend’s apartment, you deserve to feel confident that your environment is safe. If an injury occurs and you suspect it’s due to the owner’s neglect, consulting a premises liability lawyer can make sure your rights are protected.

Proving Negligence in Premises Liability Cases

Demonstrating negligence in a West Jordan premises liability case goes beyond simply stating you were hurt on someone else’s property. In most Utah injury claims, four major elements must be proven. They are as follows:

• Duty of Care: First, you need to establish that the property owner or occupier owed you a duty of care. This typically hinges on your status, invitee, licensee, or trespasser. For example, a restaurant has a clear responsibility to keep dining floors safe for customers (invitees). If you were trespassing, the duty is much narrower, although owners can still be liable if they set traps or otherwise act with gross negligence.
• Breach of Duty: Next, you must show that the defendant failed to act with reasonable care. Did a store manager ignore a spill for hours? Did an apartment complex landlord know about broken lighting in a stairwell but never fix it? Or did a homeowner fail to restrain an aggressive dog despite repeated warnings? Proving this breach often involves collecting evidence such as maintenance logs, eyewitness accounts, or official complaints about the hazard.
• Causation: Even if you establish that the property owner was negligent, you have to link that negligence directly to your injury. Under Utah law, plaintiffs must show that “but for” the defendant’s breach, they wouldn’t have been hurt. Additionally, the injury must be a foreseeable consequence of the negligence. For instance, if an unmarked wet floor leads to your slip-and-fall, it’s reasonably foreseeable that ignoring a puddle could cause a visitor to slip and get injured.
• Damages: Finally, you have to demonstrate actual losses. This includes medical expenses, lost income due to missed work, and intangible damages like pain and suffering. If you can’t prove tangible or intangible harm, a court may not award any compensation, even if the property owner was negligent.

Collecting Strong Evidence

In premises liability disputes, your ability to substantiate each element rests on thorough documentation and investigation. This might include photos of the hazard immediately after your accident, witness testimonies confirming the property’s poor condition, or expert reports detailing building code violations.

Sometimes, an inspection of the owner’s incident logs or maintenance records can uncover how often this type of issue recurred without being addressed.

Comparative Fault Considerations

Keep in mind that the defense might try to argue that you share the blame. They could claim you weren’t watching where you were going or you ignored signs. If they succeed in attributing a portion of the fault to you, your compensation may be reduced proportionally. An experienced West Jordan premises liability lawyer can anticipate such arguments, counter them effectively, and advocate for the maximum possible recovery.

Premises liability claims boil down to whether the owner exercised reasonable care in preventing foreseeable injuries. If they fell short, the law may entitle you to compensation for your losses.

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

Being injured on another person’s property, be it a busy retail store or a friend’s home, can leave you shocked and unsure of what to do next. Yet, what you do in those initial moments and days can significantly influence both your health and potential legal claims. Consider taking these steps:

1. Seek Immediate Medical Attention: Your health is the top priority. Even if an injury seems minor, see a doctor for a thorough evaluation. Some conditions, like internal bleeding or whiplash, might not show symptoms until later. Prompt medical care not only aids your recovery but also establishes documentation tying your injuries to the incident.
2. Report the Accident: If you were hurt in a commercial space or public venue, inform the property owner or manager right away. Request an incident report, and if possible, obtain a copy. Similarly, in a residential setting, tell the homeowner or landlord. Officially noting the event prevents property owners from disputing whether the accident happened on their premises.
3. Document the Scene: Use your phone to take photos or record videos of the exact location, any hazards, and any visible injuries. For instance, if a leaking pipe caused a slick floor, capture images showing water spread around the area or the pipe’s condition. If you notice poor lighting or a broken railing, photograph it, too. Also, gather contact info from eyewitnesses who can confirm the property’s state at the time of your accident.
4. Retain All Medical and Expense Records: Hang onto everything: receipts for prescription meds, physical therapy session notes, or equipment rentals (like crutches). Keep track of missed workdays and note how the injury affects your daily routine. Such records form the foundation for calculating damages.
5. Avoid Making Statements: The property owner or their insurer might reach out quickly for a statement. Politely decline until you’ve consulted an attorney. Sometimes, innocent remarks like “I’m fine” or speculation about fault can be used to undermine your claim later. Keep your communication focused on the facts, and let a West Jordan premises liability lawyer handle the intricacies of presenting your case.
6. Consult an Attorney Early: Engaging legal help soon after your injury ensures you don’t miss crucial evidence or key deadlines. Your lawyer can also determine if the hazard was a longstanding issue the owner should have known about or if the owner had been cited for similar problems in the past. They can also advise whether local building codes or safety regulations apply, potentially strengthening your claim.

By following these steps, you’ll build a strong case and prevent property owners or insurers from disputing the severity or cause of your injuries. A knowledgeable lawyer at Flickinger Boulton Robson Weeks can then step in to navigate Utah’s premises liability laws and advocate for fair compensation on your behalf.

Compensation Available for Premises Liability Victims

If you’ve been hurt on someone else’s property in West Jordan, Utah law permits you to seek various forms of compensation, often referred to as damages, to address the physical, financial, and emotional fallout of your injury. Understanding these categories can help you evaluate whether a settlement offer is fair:

• Medical Expenses: This includes costs for ambulance rides, hospital stays, medical procedures, doctor appointments, prescription medications, physical therapy, and any other related treatment. If you need ongoing care or long-term rehabilitation (for injuries like spinal cord damage), your claim can account for future medical bills as well. Make sure you save all receipts, invoices, and documentation connecting your treatment to the incident.
• Lost Wages: Injuries often force victims to miss work, leading to diminished paychecks. If your injury permanently affects your career, like nerve damage making certain jobs impossible, you might also claim reduced earning capacity. Properly calculating such losses often requires professional input, such as from medical experts and vocational specialists.
• Property Damage: In some premises liability cases, your personal property may be damaged, for instance, if you drop and break your phone after slipping on a wet floor. While typically smaller in scale, these costs should be included in any comprehensive damage claim.
• Pain and Suffering: Beyond tangible bills, Utah courts recognize intangible harm. If the injury keeps you in chronic pain, disrupts your daily activities, or causes emotional distress like depression or anxiety, you may pursue damages for pain and suffering. Documentation from mental health professionals or personal journaling of how the injury affects your life can be influential.
• Loss of Consortium: Serious injuries can strain relationships, particularly marriages, by limiting a victim’s ability to offer companionship or affection. In such situations, the victim’s spouse may file a claim for loss of consortium. The court recognizes the personal impact an injury can have on family dynamics.
• Punitive Damages: Rarely, courts might award punitive damages if the property owner’s actions are deemed grossly negligent or reckless; for example, knowingly allowing extremely hazardous conditions. Punitive damages aim to punish the wrongdoer and deter similar behavior, rather than directly compensating the victim’s losses.

In any premises liability claim, a thorough evaluation of each damage category is essential. Don’t let an insurer or property owner pressure you into accepting a lowball offer that barely covers your medical bills, especially if you anticipate long-term expenses. With an attorney from Flickinger Boulton Robson Weeks by your side, you can press for a settlement or verdict that genuinely reflects both your current and future needs.

Dealing with Insurance Companies in Premises Liability Claims

Interacting with insurance companies is often one of the toughest aspects of a premises liability case. Whether you slipped in a large retail store in West Jordan or were bitten by a neighbor’s dog, you might find yourself feeling overwhelmed and confused about how to deal with the insurance companies involved in your case. Below are strategies to help you maintain control:

• Notify the Proper Parties: If you’re hurt at a commercial establishment, they may have liability insurance specifically covering customer injuries. In the case of residential properties, the homeowner’s insurance policy might apply. Timely notification is crucial. If you delay, the insurer may argue it lacked a chance to investigate or that your injuries are unrelated.
• Be Cautious About Statements: Insurers frequently ask for detailed accounts or recorded statements. They may appear friendly yet look for inconsistencies or admissions that weaken your claim. Provide only basic facts, and consider speaking with a West Jordan premises liability lawyer before giving any recorded statement.
• Collect Evidence First: The more documented your claim, the stronger your bargaining position. Photos of the hazard, witness contact info, and detailed medical records help counter insurer arguments that you’re exaggerating. Also, keep track of all your expenses, including therapy sessions, assistive devices (like crutches or a walker), and even transportation costs to medical appointments.
• Resist Low Settlement Offers: Early, lowball offers are common, especially if the insurer believes you’re under financial pressure. These typically fail to account for long-term medical needs or intangible harm like chronic pain and emotional distress. Politely decline or refrain from accepting any deal until you have a full understanding of your prognosis.
• Know the Policy Limits: Even if the property owner’s negligence is obvious, you might be limited by the insurance policy’s maximum coverage. A skilled attorney can determine whether other avenues, like an umbrella policy or personal assets, could compensate for the gap if your costs exceed coverage caps.
• Consider Litigation: Often, negotiation is enough to reach a fair settlement. If not, filing a lawsuit conveys you’re serious about getting proper compensation. Lawsuits can motivate insurers to improve offers rather than face court proceedings. While not every case ends up in trial, preparing thoroughly can greatly affect your leverage in negotiations.

Working with a premises liability attorney is invaluable for navigating these complexities. At Flickinger Boulton Robson Weeks, we handle all communication with insurers, ensuring you’re not pressured into statements that jeopardize your claim. Our track record of significant settlements, including multi-million-dollar outcomes, reflects our dedication to standing firm until clients receive fair treatment.

How Our Firm Assists Premises Liability Victims in West Jordan

When an avoidable hazard on someone else’s property disrupts your life, the team at Flickinger Boulton Robson Weeks is here to help. We’ve helped clients throughout Utah recover from the financial and emotional setbacks of premises liability incidents. Below are some ways we make a difference for West Jordan residents:

Personalized Case Evaluation

We don’t believe in one-size-fits-all solutions. Your first meeting with our firm involves an in-depth discussion of your injury, its impact on your day-to-day life, and your concerns about the future. During this process, we examine any evidence you’ve collected, like photos or incident reports. This helps us identify the property owner, their insurer, and any relevant local or state regulations that might apply.

Thorough Investigation

Next, we launch a comprehensive investigation into how and why your injury happened. This might involve gathering:

• Security footage (if the accident occurred in a commercial space)
• Maintenance logs and repair histories
• Witness statements from employees, neighbors, or passersby
• Expert assessments on building code compliance, lighting adequacy, or hazard removal
  By uncovering how long a hazard existed and whether the owner was aware of it, we strengthen your position that they breached a duty of care.

Negotiating with Insurance

We understand the tactics insurers use to minimize payouts: disputing your injuries, suggesting you share the blame, or offering a quick settlement that falls short of covering your needs. Our attorneys manage all communications, presenting compelling evidence of negligence and the scope of your losses. We’re persistent negotiators, pushing back when insurers attempt to undervalue your medical bills, pain and suffering, or lost wages.

Preparing for Litigation

If the insurer won’t agree to a fair settlement, we won’t hesitate to take your case to court. Our team includes experienced trial lawyers like Mark T. Flickinger and Brett R. Boulton, who know how to skillfully present arguments before judges and juries. While going to trial can seem daunting, it may be necessary to secure full and just compensation.

Resourceful Approach to Damages

We work with medical experts, life-care planners, and financial professionals to accurately estimate how the injury affects your quality of life and future earning capacity. This thorough calculation ensures no major expense is overlooked. If a slip-and-fall caused permanent mobility issues, for example, we’ll include costs for home modifications, ongoing therapy, and assistive devices.

Consistent Communication and Compassion

From the moment you contact us until your case’s resolution, we maintain open communication. We recognize how an unexpected injury can lead to stress about physical recovery, family obligations, or job security. By explaining legal procedures clearly and responding promptly to questions, we aim to ease your burdens, not add to them.

Proven Track Record

Our results speak to our dedication: multi-million-dollar settlements in wrongful death claims, significant compensation for industrial accidents, and more. While every premises liability case is unique, these successes demonstrate our drive to help you achieve the best possible outcome.

In short, Flickinger Boulton Robson Weeks provides a comprehensive, personalized approach for premises liability victims. Whether you slipped on an unmarked spill, endured a dog bite, or experienced harm due to inadequate security, our priority is helping you move forward with the resources and respect you deserve.

Frequently Asked Questions About Premises Liability in West Jordan