Law Office of Ralph C. Petty

What Factors Constitute A Viable Premises Liability Claim?


The factors that constitute a viable premises liability claim are:

1) that the injured person was rightfully on the property;
2) that the landlord knew or should have known of the dangerous condition;
3) that the landlord knew or should have known that the dangerous condition presented an unreasonable risk of harm; and
4) that the landlord knew or should have known that the defect would not be discovered before the injury.

If you have been injured on someone else’s property and the injury was not primarily your fault, then you should have an attorney review the facts of the incident in order to determine whether or not they meet all of the elements to establish a premises liability case.

What Are The Duties Of a Landlord?

The landlord’s duty is to ensure that the premises are safe and free of dangers for every individual who is likely to be on that property. If danger is present, warning signs should be posted to alert visitors that there is a dangerous condition that should be avoided. When a landlord provides warning signs, he is fulfilling his duty because he is warning people of a dangerous condition, and he is trying to rectify that dangerous condition by excluding people from having access to it. If there are no such signs or warnings for the visitor, then the visitor can reasonably assume that the premises are safe to visit.

What Steps Should I Take If I Am Injured In A Premises Liability Scenario?

If you’re injured in a premises liability situation, you should immediately notify the manager or landlord of the injury. If the injuries are severe, you should call the police or an ambulance along with the Premises liability attorney in Utah County. The police or ambulance personnel should document the location and time of the injury. Sometimes a landlord, risk manager or other employee can provide you with an incident report to complete. Whether on an incident report or simply on blank paper, write your name, address, time, location, and the circumstances relating to the injury. You should obtain a copy of the incident report or write it out twice. Give one copy to the landlord or its representative, and have them sign the document to confirm that they have received a copy. Retain a signed copy for yourself. This documentation is incredibly important. If you fail to document your injury, then the landlord may claim that the injury did not occur on the landlord’s property. If possible, take pictures on the property with you in them. If you are on private property, try to notify the landlord that you were injured on their property so that they can investigate and document that an injury occurred.

How Long Do I Have To File A Premises Liability Claim?

In the state of Utah, you have four years to file a premises liability claim.

How Long Can My Premises Liability Claim Take To Get Resolved?

A premises liability claim can take anywhere from a few weeks to two or three years to resolve. If the landlord acknowledges the injury and the injury was not very severe, then it may only take a couple of weeks. If the injury was severe, time for medical treatment and healing of the injuries is necessary before we know the full extent of the injuries and the claim can be resolved.

If you have not healed completely after four years and you are still receiving treatment, then the claim will still need to be filed in court before the healing is completed to preserve the statute of limitations.

Should I Hire An Attorney In a Premises Liability Claim If Fault Is Clear?

In a premises liability case, fault is rarely clear until you know the source of the dangerous condition and whether the landlord knew or should have known of the dangerous condition. This is a difficult burden of proof, requiring extensive investigation. This difficult investigative process requires a highly skilled and experienced attorney, to establish each element of the premises liability claim.

For more information on Viability Of a Premises Liability Claim, a free initial consultation with Premises liability attorney in Utah County is your next best step. Get the information and legal answers you are seeking by calling (801) 783-1111 today.

Ralph C. Petty, ESQ.

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(801) 783-1111

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