When you walk onto someone else’s property, you are, in essence, under their care. That’s why property owners are obligated to maintain their land. Those owners who don’t can be held liable for the accidents that occur under their purview.
That said, premises law isn’t always straightforward. It can occasionally be difficult to classify your position on someone else’s property. That, however, is where a premises liability lawyer in West Valley City, UT, comes into play. 1Law can connect you with a representative who can parse your position on someone else’s land and advocate for compensation on your behalf.
Before you can pursue compensation for an accident that occurred on someone else’s property, you need to understand what role you took on while visiting them. Utah law can see you fall into one of the three following categories:
Invitees are parties who’ve been implicitly invited onto a property that is open to the public. These parties must benefit from as much protection as a property owner can reasonably provide them. This means that invitees can hold property owners liable for accidents involving:
That said, property owners are allowed some exceptions when it comes to the care of invitees. For example, property owners who’ve placed signs warning invitees about dangerous or working environments may be exempt from the worst of a premises liability suit.
Similarly, property owners are given a grace period when finding signage for abrupt structural changes. Even so, property owners must still be in the process of finding signage or repairs for the abrupt structural damage if they want to avoid accusations of negligence.
Licensees are parties invited onto private property with the permission of the owner. In most cases, these parties constitute maintenance professionals or contractors set to work on a lot. That said, the role is flexible.
Licensees benefit from the same protections as invitees when on someone else’s property. Because an owner must explicitly invite a licensee onto their property, it becomes much more difficult for a property owner to attempt to deny liability in the face of an accident.
Trespassers waive the majority of their rights to civil suits when they enter someone else’s property without explicit permission. That said, trespassers still retain the right to their personal safety. Property owners may not use violence to remove a trespasser from their property unless the trespasser has already engaged in violent behavior.
Note, however, that these rules change entirely when a property owner considers the safety of a child trespasser. Children benefit from the “attractive nuisance” doctrine. This doctrine dictates that any property owner with a property that may appear appealing to children must make an effort to maintain the land with those children’s safety in mind.
Premises liability complaints are designed to help you contend with the bills related to your accident. You can use your complaint to list your economic and non-economic losses, thus requesting that the party you name liable for your accident help you pay them. This means that you can request compensation for:
You can work with an attorney to determine which of these losses – or others – you can include in your complaint.
Premises liability cases fall under the broader category of personal injury cases. This classification means that you need to submit a completed complaint within the deadline Utah establishes for its personal injury lawsuits.
You can find this deadline noted in Utah Code § 78-12-25. Herein, you’ll find that you have four years from the day your accident takes place to act on your losses. You must act within this time period if you want to request compensation for your losses. Failure to file your premises liability case can see you waive your right to financial support.
Instead of stressing over this deadline on your own, though, you can call our attorneys. West Valley City premises liability lawyers can take on the task of building and submitting your complaint while you recover from your accident.
So long as a civil court approves your complaint, you can gain the right to request that a liable party join you to discuss your losses. You can initiate these conversations out of court or through a judge. Preparing yourself for either negotiations or a trial requires careful thinking about what you want from your suit as well as adherence to your complaint’s requests.
Negotiations tend to be less formal than traditional trials. Similarly, they take less time to resolve than trials. If you’re contending with a property owner, though, there’s a chance that you may meet resistance when pressing for compensation. These negotiations are easier to manage when you have an attorney on your side to advocate for your financial support.
If you’re preparing for a civil trial, you need to brace yourself for the discovery process. Discovery allows you and the allegedly-liable party exchange information regarding your accident. You may be expected to submit statements detailing your losses and the details of the scene on the day of your accident. We can walk you through this process.
Premises liability cases are complicated by nature. If you’re not sure what your role on another person’s property was at the time of an accident, you may not understand what legal options you have at your disposal. Fortunately, 1Law is here to help.
When you consult with our premises liability attorneys in West Valley City, you can more effectively parse local premises liability law. Moreover, you can use the knowledge at your disposal to pursue compensation for your losses. For more information about the possibility of a civil suit, you can contact our office via online chat or over the phone.