I got injured because of a dangerous condition on a property. Was I just clumsy, or should I call a lawyer?
Did you get injured from a slip (or trip) and fall or due to some other dangerous condition on someone else’s property, and are you curious to know if you have a “slip and fall” case — also known as a premises liability case? This page explains the basics of slip and fall or premises liability cases and personal injury lawsuits more broadly. This is not intended as legal advice, but it can be used as guidelines to understand personal injury law if you are looking for a personal injury attorney in Utah.
What is a slip and fall lawsuit?
Imagine you are walking down the stairs in front of your new apartment building on a cold winter’s day. The stairs look clear, and you know your rent goes to shoveling and salting walkways, so you believe they are safe to walk on.
Unbeknownst to you, several other tenants have called to complain about one of the landings: It’s slippery and always seems to have black ice on it, but the property manager has done nothing to address the problem. As you descend the stairs, your winter boots catch on the black ice, you go sliding down the stairwell, and you are seriously injured.
That is an example of what a slip and fall lawsuit could look like. Something was a known risk, someone neglected to take care of it, and someone reasonably expecting to safely go down the stairs was injured.
If you believe you have a slip and fall lawsuit and need an experienced personal injury lawyer in Utah, our attorneys at Sykes McAllister Law office are here to help.
How do I know if I have a slip and fall lawsuit?
We all have moments of clumsiness, so falling down can’t always be avoided, and not all slippery patches of ground are lawsuits waiting to happen. Premises liability lawsuits, however, have a couple of things in common:
You were injured by some type of dangerous condition on someone else’s property.
You have experienced damages such as medical bills or missed work.
Usually, the responsible party has a home, renter’s or business insurance policy that will cover the damage.
What does Utah law say about slip and fall lawsuits?
Before seeking out a personal injury lawyer in Utah, you should know the following about Utah’s statute of limitations:
According to Utah Code Annotated §63G-7-402, notice of claims against a government entity, employee or agency must be given within one year.
Claims for injuries caused by dangerous conditions on a property that aren’t against a government agency or employee must be brought within four years. Utah Code Annotated §78B-2-307.
What this means:
This means if you were injured due to a government actor’s negligence, you would typically have one year to give notice of a case.
If you have a claim against a private individual or organization for a dangerous condition on someone else’s property, you typically have four years to bring a suit.
Sometimes it is unclear who is liable, so it is important to contact an attorney as soon as you are aware you have been injured due to someone else’s negligence.
What can I expect when I sue for a slip and fall case in Utah?
Contrary to popular belief, lawsuits don’t make people rich. Lawsuits take time, patience and usually only compensate you for what you lost in terms of lost hours at work, medical bills, etc.
When you sue for an injury and retain a slip and fall lawyer in Utah, your attorney will walk you through the process. It looks something like this:
You meet with an attorney to discuss the details of your case. They will want to know when and where it happened, who was involved, and what kind of evidence is available to you. Depending on where it happened, the attorney will want to know if the responsible party has homeowners insurance or an asset that can satisfy the demand.
The discovery phase. If an attorney believes you have a case, they will start gathering evidence and information to build the case. This is done by requesting medical records and conducting investigations, and interviewing witnesses and experts.
Negotiating with insurance companies. It’s not uncommon that insurance companies are willing to work with your attorney. Sometimes all it takes is a letter and a few phone calls to sort things out for you. This can be the case when someone is injured at a friend or family member’s house and amicably work together.
Filing the lawsuit. Once all the evidence is collected, your attorney will file a demand letter with the court. The relevant parties will also be served a copy of the filing.
Pre-litigation and litigation. Your lawyer will first look to see if they can settle your case out of court. If not, they might advise you to go to trial. During the trial, your attorney will present your case to the court, and a jury will make a determination on the case.
The appeals process. Sometimes the court will rule against you. In that case, your attorney will want to take another look at the ruling and decide if there is a way to appeal it to a higher court.
What should I do when I or a family member experiences cause for a slip and fall lawsuit?
If you or a family member gets injured and are looking for a personal injury lawyer in Utah, do the following.
Keep your cool: It is perfectly normal to be upset getting injured. Nevertheless, avoid threatening to sue, blaming the responsible party, declaring vengeance or posting to social media. This is particularly relevant if you slipped and fell at a friend or family member’s house.
Seek medical care: It’s important that you get medical care for your injuries. Even if you’re not sure you have any, go to the doctor right away to rule out a concussion, soft tissue damage or broken bones. Sometimes treatment reveals damage that wasn’t obvious at first.
Gather evidence: Get a hold of as many medical records, bills and police reports (if applicable) as you can. These will help your lawyer as they piece together what went wrong.
Keep track of your medical bills: Whether your case settles or goes to trial, your lawyer will need to determine how much to ask for as a remedy for your damages. The attorney will usually ask for an amount that covers your medical damages, the pain and suffering you experienced and, occasionally, punitive damages to deter an action from happening again.
How do I find a lawyer in Utah to handle my slip and fall lawsuit?
If you believe you have a slip and fall personal injury claim, the first step is to contact a personal injury lawyer in Utah as soon as possible. They will review your situation, determine if you have a valid claim, and advise you on the potential remedies available. Remember, you may only have one year to file your suit.
Slip and fall cases can be trying. They require hard work, patience and determination, but they are also one of the ways our society keeps public spaces safe. If you need a slip and fall lawyer in Utah, contact Sykes McAllister Law Offices today.