Premises liability law may seem overwhelming and confusing. However, it all falls under the same core idea, which is keeping property owners accountable. Going into this may sound like too much, so an Ogden premises liability lawyer can explain the steps.
It is important to know what you are getting yourself into before you file your claim. An Ogden personal injury lawyer at Siegfried & Jensen can discuss the best move you should take. Our team has a 97% success rate, and we are ready to see if we can also help you.
Important Elements of a Premises Liability Claim
Premises liability claims come into play when someone gets hurt on someone else’s property because of unsafe conditions. Not every injury will lead to a successful claim.
You will need to make sure you have the following elements in your claim:
- Duty of Care: The property owner will need to have a legal responsibility to keep their property safe for visitors, like warning people about dangers or fixing hazards.
- Breach of Duty: If the owner did not take steps to warn or fix a hazard, this means they have breached their duty.
- Causation and Damages: You must show that the unsafe condition caused your injury and led to losses, such as missed work or medical bills.
If one of these elements is missing, the claim may not go through. This is why working with a premises liability attorney in Ogden, UT, is important. Your attorney can help you organize your evidence and ensure you have each element covered.
For a free legal consultation with a premises liability lawyer serving Ogden, call (801) 266-0999
How Premises Liability Laws Work in Utah
The laws in Utah surrounding premises liability laws make property owners responsible for keeping their property safe for visitors. Whether the property in question is a home or a business, owners have a mandatory expectation to fix any issues. The level of responsibility depends on whether you are an invitee, licensee, or trespasser.
To have a sufficient claim, you need to provide evidence that the property owner was negligent. This means you should show that they knew – or should have known – about a dangerous situation prior to you getting hurt. You should also show how this experience led to your harm.
The Utah code 78B-5-818 shows the state follows a comparative fault system, meaning that your role in the accident matters. If you have any part in the matter, your compensation may be reduced by your percentage of fault.
However, if you are found to be more than 50% at fault, you will not be able to recover anything, so it is important to provide all the necessary proof as it is one of the ways to make sure you potentially win your case.
Ogden Premises Liability Lawyer Near Me (801) 266-0999
Common Locations Premises Liability Accidents Happen
Premises liability accidents can happen in several places. However, some locations are more prone to these incidents. Some of the most frequent locations are:
- Retail stores
- Private homes
- Hotels and resorts
- Restaurants and bars
- Public spaces
- Parking lots and garages
These locations have busy foot traffic or specific hazards that make an accident more likely to happen. Whether it is a slippery floor at a grocery store or uneven pavement in a parking lot, negligence can turn a simple trip into a major injury.
You may have legal options to explore with your attorney if you have experienced one of these premises liability accidents.
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What Makes a Premises Liability Case Strong
A strong premises liability case will have solid evidence and a clear connection between your injury and the property owner’s negligence.
The more compelling that you can make your side of the story, the better the potential outcome may be. There are several ways you can strengthen your case.
Have Statements From Witnesses
If someone saw your accident taking place, you should see if they can write a statement. Witnesses can provide an unbiased account of what happened, supporting your claim.
Their testimony helps establish more authority with your side of the story about the property owner’s negligence and how they played a role in your injury.
Provide All The Documentation Possible
If possible, see if you can get any photos or videos of evidence surrounding your case, whether that means when it happened or if you can get proof of the hazard in picture form.
The documents can show the unsafe condition that caused your injury and demonstrate that the property owner failed to address it. This kind of visual proof can be particularly compelling to a court or insurance company.
Keep All Medical Records
When you visit your doctor or the emergency room, this not only benefits your safety but also strengthens your case. Your doctor will put all of your injuries and the reason for your visit in your records, which will show the connection to the injury.
Your medical records can also help establish the financial impact of your injury, like medical bills and missed time from work.
When each piece of these aspects comes together, they can create a convincing argument. The main goal is to show the failure of the property owner.
With the right approach, you can increase your chance of potential recovery, and your premises liability lawyer in Ogden, UT, can help you get compensation for your injuries.
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Types of Premises Liability Injuries
Premises liability injuries can vary from minor scratches or bruises to life-altering circumstances. Some injuries tend to be more prevalent than others. Some common examples include:
- Burns and shocks from an exposed wire or malfunctioning equipment
- Slip-and-fall injuries like concussions, broken bones, or sprains
- Drowning or near-drowning in unsecured pools
- Dog bite or other animal attack on someone else’s property
- Serious injury like a traumatic brain injury (TBI)
These types of injuries do not just disrupt your whole day; they can lead to medical bills and long recovery. If you have been hurt because someone failed to maintain their property, you have a right to check your legal options. A strong case has the potential to get you the outcome you are seeking.
Take Charge Of Your Case With an Ogden Premises Liability Attorney
With decades of experience, our team at Siegfried & Jensen dedicates itself to helping each client prove their side of the story as long as the right evidence is provided.
We have helped over 35,000 people, and we are ready to help you if your case aligns. Contact us today for a consultation to learn more.
Call or text (801) 266-0999 or complete a Free Case Evaluation form