Defendant's Attorney: Stephen F. Edwards

Description: Salt Lake City, Utah personal injury lawyers represented the Plaintiff who sued the Defendant on a premises liability negligence theory.

Premises liability law in Utah holds property owners responsible for injuries sustained by visitors due to unsafe conditions on their property. This responsibility is based on the concept of negligence, meaning the property owner failed to exercise reasonable care to keep the property safe.

Key Elements of a Premises Liability Claim:

To establish a successful premises liability claim in Utah, the injured party must prove the following:

Duty of care: The property owner owed the injured party a duty of care. This duty varies depending on the visitor's status:
Invitee: Highest duty of care, owed to individuals invited onto the property for the owner's benefit (e.g., customers, business associates).
Licensee: Moderate duty of care, owed to individuals who have permission to be on the property but not for the owner's benefit (e.g., social guests).
Trespasser: Lowest duty of care, only to avoid willful or wanton harm.
Breach of duty: The property owner breached their duty of care by failing to maintain the property in a reasonably safe condition or by failing to warn of known or foreseeable dangers.
Causation: The unsafe condition on the property was the proximate cause of the injured party's injuries.
Damages: The injured party suffered actual damages, such as medical expenses, lost wages, and pain and suffering.

Specific Laws and Regulations:

Utah Code § 78-34-1: This statute defines the duty of care owed by landowners to trespassers.
Utah Code § 78-34-2: This statute outlines the duty of care owed by landowners to licensees.
Utah Code § 78-34-3: This statute defines the duty of care owed by landowners to invitees.
Utah Fit Premises Act: This law establishes minimum standards for the maintenance of residential rental properties.

Case Examples:

John slips and falls on a wet floor in a grocery store. If the store owner failed to warn of the wet floor or clean it up promptly, John may have a successful premises liability claim.
Mary is injured by a falling tree branch while walking through a public park. The park owner may be liable if they knew or should have known that the branch was decayed and posed a danger.
David is bitten by a dog while visiting a friend's house. The friend may be liable if they knew or should have known that the dog was aggressive and failed to warn David.

Defenses to Premises Liability Claims:

Property owners can raise various defenses to a premises liability claim, including:

Comparative negligence: The injured party was partially responsible for their own injuries.
Assumption of risk: The injured party knowingly exposed themselves to the danger.
Contributory negligence: The injured party failed to act with reasonable care for their own safety.
Act of God: The injury was caused by an unforeseeable event beyond the property owner's control.

Statute of Limitations:

In Utah, the statute of limitations for filing a premises liability claim is four years from the date of the injury.

Conclusion:

Understanding the basics of premises liability negligence law in Utah is crucial for both property owners and visitors. Property owners should be aware of their legal duty to maintain their property in a reasonably safe condition and warn of known or foreseeable dangers. Visitors should be aware of their own responsibility to take reasonable precautions for their safety. If you have been injured on someone else's property, it is important to consult with an attorney to discuss your legal options.

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Outcome: 12/08/2023 19 Stipulated MOTION to Dismiss with Prejudice filed by Defendant Smiths Food & Drug Centers. (Attachments: # 1 Text of Proposed Order Order of Dismissal with Prejudice)(Edwards, Stephen) (Entered: 12/08/2023)
12/08/2023 20 ORDER ACKNOWLEDGING STIPULATION OF DISMISSAL WITH PREJUDICE re 19 Motion to Dismiss. Magistrate Judge Dustin B. Pead no longer assigned to case. The Clerk of Court is directed to close the case. Case Closed. Signed by Judge Robert J. Shelby on 12/8/2023. (mh) (Entered: 12/08/2023)

Plaintiff's Experts:

Defendant's Experts:

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