Proving Negligence in Utah Premises Liability Cases: Your Path to Justice

When you’re injured on someone else’s property in Utah—whether at a private home, a retail store, or even a public park—you may be entitled to financial compensation. Property owners in Utah have a legal duty to keep their premises reasonably safe for visitors. When they fail to uphold this duty and someone is hurt, the injured person may pursue a premises liability claim.

However, success in these cases depends on proving negligence—and that’s not always straightforward. Below, we break down the essential elements you must prove to establish negligence in a Utah premises liability case, helping you understand your rights and legal options.

What Is a Premises Liability Case?

Premises liability refers to legal claims filed when someone is injured due to a dangerous condition on another person’s property. Common examples include:

• Slip and fall accidents on wet or icy surfaces
• Trips caused by uneven flooring or loose cords
• Injuries from falling objects
• Dog bites or animal attacks
• Accidents due to poor lighting or inadequate security

Under Utah law, a property owner may be held responsible if their negligence caused or contributed to the injury.

The Four Key Elements of Proving Negligence in Utah

To win a premises liability case in Utah, you (and your attorney) must prove four key elements:

1. Duty of Care

Property owners owe a duty of care to keep their premises safe for lawful visitors:

• Invitees (customers, business visitors): Owed the highest duty of care, including inspections, maintenance, and warnings of hazards.
• Licensees (social guests): Owed a moderate duty of care to be warned of hidden dangers the owner knows about.
• Trespassers: Owed the lowest duty of care—generally only protection from intentional harm, though exceptions may apply.

2. Breach of Duty

You must show that the owner failed to act reasonably. Examples include:

• Creating a dangerous condition (improper repairs, unsafe design)
• Failing to correct a known hazard (like leaving a spill uncleaned)
• Not warning visitors of a danger

A key factor is proving the owner knew or should have known about the hazard.

3. Causation

The injury must be directly tied to the unsafe condition. For instance, slipping on an unmarked wet floor must be shown as the actual cause of your fall—not clumsiness or a pre-existing injury.

4. Damages

Finally, you must prove you suffered measurable damages, such as:

• Economic damages: medical bills, lost wages, loss of earning capacity, property damage
• Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life

Challenges in Proving Negligence

Proving what the property owner knew—and when—can be difficult. Evidence often includes:

• Surveillance video
• Witness testimony
• Maintenance and inspection records
• Accident or incident reports
• Expert testimony

Quick action is vital. Contacting an attorney immediately increases the chance of securing this evidence.

Utah’s Comparative Negligence Rule

Utah follows a modified comparative negligence rule under Utah Code §78B-5-818:

• If you’re partly at fault, your compensation is reduced by your percentage of fault.
• If you’re 50% or more responsible, you cannot recover damages.

For example: If your damages are $100,000 but you’re found 20% at fault, you’d recover $80,000.

Steps to Take After a Premises Liability Injury in Utah

1. Seek medical attention immediately
2. Document the scene (photos, videos, notes of hazards)
3. Report the incident to the property owner or manager
4. Get witness information
5. Preserve all records and receipts
6. Avoid giving statements to the owner’s insurance company without legal advice
7. Contact a Utah premises liability attorney

Statute of Limitations in Utah

Under Utah Code §78B-2-307, you generally have four years to file a personal injury lawsuit. Claims against government entities have much shorter timelines (as little as one year).

Work with an Experienced Utah Premises Liability Attorney

Premises liability cases in Utah can be complex, but you don’t have to face them alone. At London Harker Injury Law, we:

• Investigate and preserve evidence
• Identify liable parties
• Handle insurance negotiations
• Consult expert witnesses
• Fight for maximum compensation in court if necessary

If you’ve been injured due to unsafe property conditions, don’t wait. Contact London Harker Injury Law today for a free consultation.