Utah Premises Liability Lawyer

What duty does a Utah property owner owe to visitors?

Utah generally looks at why you were on the property. Business visitors are owed reasonable care, including inspection for hazards, while social guests are owed warnings about known dangers and trespassers are owed far less.

A shopper, restaurant customer or hotel guest is usually an invitee. The owner must inspect for dangerous conditions, fix them in a reasonable time, and warn of hazards that are not obvious. A social guest is usually a licensee, owed a warning about dangers the owner knows of. Children attracted to a dangerous condition, such as a pool, may receive special protection even when trespassing.

You generally must show that the owner created the hazard or knew or should have known about it.

Can you recover after slipping on snow or ice in Utah?

Often, yes. Owners must take reasonable steps to clear snow and ice once it is practical, and they can be responsible for icy patches caused by poor drainage, roof runoff or refreezing.

Wasatch Front winters bring repeated freeze and thaw cycles. Snow melts during the day, runs across sidewalks and parking lots, and freezes overnight. Owners who know this happens and fail to salt or fix drainage may be responsible. Evidence includes weather records, snow removal logs, contracts with plowing companies and photos of the spot where you fell.

How does the 50% bar affect a fall claim?

Utah reduces your recovery by your share of fault and bars it at 50 percent or more. Owners often argue that you should have seen the ice or worn better shoes.

A tenant in Provo slips on ice in her apartment complex parking lot, where a broken gutter dumped water every night. Her damages are 80,000 dollars. The landlord argues she should have walked around the ice.

• If the jury finds her 25 percent at fault, she recovers 60,000 dollars.
• If the jury finds her 50 percent at fault, she recovers nothing.

Prior complaints about the gutter can show the landlord knew of the danger, keeping the focus on its failure to act. Written maintenance requests, texts to the property manager and statements from other tenants who saw the same ice form night after night are often the most persuasive proof in these cases, so save them.

Are Utah ski resorts and outdoor businesses responsible for injuries?

Sometimes. Utah law limits claims for the inherent risks of skiing, but a resort can still be responsible for negligence that goes beyond those ordinary risks. Outdoor outfitters and attractions must also use reasonable care.

Natural snow conditions, terrain and many collisions are often treated as inherent risks. A poorly maintained lift, a hazard created by resort operations that was not marked, or unsafe lodging can raise different questions. Waivers signed for lift tickets or rentals must be reviewed carefully, since their effect depends on their wording and the type of claim.

Hotels, condos and vacation rentals in resort towns must keep stairs, decks and walkways safe. Hot tub and pool injuries are common.

Do different rules apply to public property and recreational land?

Yes. Claims against Utah governmental entities require a notice of claim within 1 year and are subject to immunity rules. Utah also has a recreational use law that limits the liability of owners who open land to the public for free recreation.

Falls on public sidewalks, at schools, in government buildings or at parks fall under these rules. The notice must be properly delivered and include specific information. Our government and public property injury claims page explains the process. The recreational use law generally does not protect owners who charge a fee or act willfully.

What should you do after a property injury in Utah?

Document the hazard, report it and find out whether the owner is private or public. That decides whether you have 1 year or 4 years.

1. Photograph the hazard and the surrounding area.
2. Report the injury and request a copy of the incident report.
3. Collect names of employees and witnesses.
4. Ask the owner in writing to preserve surveillance video.

For a broader view of these claims, see our premises liability page. If you were hurt in a parking lot crash, our Utah car accident page may help, and our Utah injury law hub covers broader state rules. We offer a free case review and no fee unless we win.