We are all responsible to a certain extent for the safety of those who have been invited to visit our property. Issues can arise when a person has suffered an accident resulting in an injury. If the damage is severe enough it may be necessary to determine what caused the accident, and ultimately who is responsible for the damages. This may be an unsavory yet necessary process to help address medical bills, property damage, time lost from work and pain and suffering. The fact of the matter is that property owners can be held responsible should condition on their property be unsafe, or if negligence has been shown in some way. Below are some items to consider when it comes to property or premises liability.
- The reason why a person was on the property can affect the overall outcome of a case. Many states operate their laws in a similar fashion to Utah. A way of looking at this is to determine if the injured individual was invited, a license or if the person was trespassing. Generally, a person who was given permission to be on the property will have more rights and guarantees to safety than someone who was not invited on the property but was not there illegally.
- Standards of care are going to be unique to each individual and their situation. For example, if you own a swimming pool in your back yard you should always have a fence around the pool. This prevents young children from getting into the pool and drowning. This is the case even if you do not have children in your own home since children trespassers have a higher degree of safety than adults. Property owners can still be successfully sued even if the trespasser was an unwanted adult. For example, if the owner of the home put bear traps in their backyard to prevent robbers.
- Injury does not always equate to negligence. The facts of the case are going to be highly considered to determine what the standard of care should be and who (if anyone) is responsible for the accident. Remember that just because you or a loved one has been injured; it does not mean that compensation will be easy to achieve. This is one of the many reasons why it is so important to speak with an injury attorney to learn about your legal rights and what can be done to help recover from damages.
Thank you for taking the time to read this article online. We are going to be covering premises liability issues in the future so feel free to bookmark our website and visit again in the future for regular updates.
The information provided on this website is for informational purposes only. This website contains general information relating to areas of law familiar to our firm. The information should not be construed as legal advice or other professional advice. You should not rely on the contents of this website as such. Participation on this website does not create any kind of attorney-client relationship. If you need legal advice or representation, please contact my office and I would be pleased to discuss your case with you and see if my firm can help.