Seeking Compensation for Personal Injury on Private Property
By Younker Hyde Macfarlane on January 15, 2015
When a person is invited as a guest to another person’s private property, it is reasonable for them to expect that they are being invited into a safe environment. If unknown hazards are present, or if the property owner is aware of hazards and fails to warn guests, a personal injury may occur. Unfortunately, many accidents that take place on private property involve slips, falls, or blows to the head, all of which may have serious consequences. Under the terms of premises liability, our attorneys can determine where the fault lies for our Utah clients in the case of a personal injury on private property in order to guide our clients on their best course of legal action.
Determining Fault under Premises Liability
Each personal injury case that falls under the terms of a premises liability case is unique in terms of what type of injury occurred and what caused that injury. It is important to meet with one of the lawyers at Younker Hyde Macfarlane, PLLC to discuss the specific details of each case and learn if there is a strong premises liability case. In general, to determine fault in a personal injury case that takes place on private property, it must be shown that the property owner was negligent and that this negligence put guests at risk of injury. Although every person has a responsibility to be aware of their surroundings and take adequate precautions, under the principal of contributory negligence, the property owner may be held responsible for an injury as long as it is shown that they are the party most responsible for the injury, meaning that the injury victim could contribute to their injury and still have a case for premises liability. Below are some conditions that may show negligence on behalf of the property owner:
- Wet, slippery floors
- Uneven or cracked ground
- Low-hanging objects that could hit the head
- Pits or open holes around the property
- Exposed wires
- Unguarded sharp objects, such as nail heads, fencing wire, etc.
- Failure to be aware of dangerous hazards or failure to remove or warn of known hazards
Compensation for Damages
Again, each premises liability case is unique, so compensation will vary from case to case. However, our attorneys are aggressive in advising our clients through a course of legal action that will be most likely to result in maximum compensation for damages suffered. In most cases of personal injury involving premises liability, clients can expect to collect compensation for medical expenses, loss of wages, and pain and suffering. If the accident resulted in more long-term injuries, such as a brain injury or spinal cord injury, there may also be a case for collecting future medical and care expenses as well as loss of future income.
If you or a loved one has been injured on a property where dangerous hazards were present, you may have a strong premises liability case. Contact us as soon as possible to discuss the details of your case and learn more about your legal options from our lawyers at Younker Hyde Macfarlane, PLLC. We look forward to hearing from you.
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They were extremely knowledgeable, extremely helpful experts. The team helped me with all aspects of my case, including medical and financial, and understood that it affected more than me but also my family.- Jill S.