Wyoming Premises Liability Lawyer

What duty does a Wyoming property owner owe visitors?

Wyoming owners owe reasonable care under the circumstances to people lawfully on their property. That includes keeping the property reasonably safe and warning of hidden dangers the owner knows about or should discover.

Courts look at factors such as how foreseeable the harm was, how serious it could be and how hard it would have been to prevent. Trespassers are owed much less, though owners cannot willfully injure them, and special rules can protect children.

Who is responsible for snow and ice falls in Wyoming?

Wyoming law generally does not hold owners liable for natural accumulations of snow and ice that are as obvious to visitors as to owners. An owner may be liable when it made the hazard worse, such as by piling snow where meltwater refreezes on a walkway or failing to fix a leaking gutter.

That makes winter fall claims fact-specific. Questions that often decide them include:

• Was the ice a natural accumulation, or caused by drainage or a building defect?
• Did plowing or shoveling create ridges or refreezing patches?
• Did a lease or contract require someone to clear the area?
• Was the hazard hidden, such as black ice under fresh snow?

Photos taken right away, weather records and maintenance logs help answer these questions.

How does the 50% fault rule apply to Wyoming premises claims?

Your recovery is reduced by your share of fault, and you recover nothing if you are more than 50% at fault. Owners often argue the visitor was careless.

Here is a worked example. A hotel guest in Casper falls on a staircase with a broken handrail and poor lighting. The guest's damages total $110,000. The hotel argues the guest was hurrying and not holding the rail.

• If a jury finds the guest 25% at fault, the recovery is $82,500.
• If a jury finds the guest 50% at fault, the recovery is $55,000.
• If a jury finds the guest 51% at fault, the recovery is zero.

Because Wyoming does not cap damages, the fault split is often the main factor in the final amount.

Can you bring a claim after a ski, ranch or outdoor injury in Wyoming?

Sometimes, but Wyoming's Recreation Safety Act limits claims for the inherent risks of sports and recreational activities. Those risks are part of the activity and cannot be removed without changing its nature.

A claim may still exist when an operator was negligent in ways beyond those inherent risks, such as poorly maintained equipment, a careless guide or a hazard that had nothing to do with the activity. Ski resort lodges, dude ranch cabins, restaurants and parking areas are often treated like ordinary premises. Waivers may also come into play, so keep a copy of anything you signed.

When is a Wyoming business responsible for an assault?

In some cases. Businesses are not insurers against crime, but they may be responsible when an assault was foreseeable and reasonable security steps were missing.

Bars, hotels, apartment complexes and event venues may face negligent security claims when there were prior similar incidents, broken locks or lights, or understaffed security. These cases depend heavily on the facts, so evidence about prior incidents and security staffing should be gathered early. Police call logs, past incident reports and photos of broken locks or dark parking areas can show that the danger was known and that simple steps were skipped.

What should you do after a fall in Wyoming?

Report the incident, document the hazard and get care. Out-of-state visitors should gather evidence before leaving Wyoming.

1. Report the fall and ask for a copy of the incident report.
2. Photograph the hazard, lighting, snow or ice and your shoes.
3. Get names of witnesses and employees.
4. See a doctor promptly and keep records.
5. Ask the owner in writing to preserve surveillance video.

If the fall happened on government property, Wyoming requires a written claim to the government entity under its own rules, so raise it early. Our government and public property injury claims page explains those issues, and our premises liability page covers how we review falls and unsafe property. If a dog was involved, see dog bites and animal attacks. For statewide rules, visit our Wyoming injury law hub. We offer a free case review, and there is no fee unless we win.