It happens in a split second. One moment you are walking into a grocery store, navigating a snowy sidewalk or visiting an office building; the next, you are on the ground.
Slip and fall accidents are unfortunately common in Utah. While many result in mere bruises to the ego, others lead to severe injuries—broken bones, traumatic brain injuries, or spinal damage—that can sideline you from work and pile up thousands of dollars in medical bills.
When a fall occurs on someone else’s property because they failed to maintain a safe environment, you shouldn’t be stuck paying the price. However, Utah “premises liability” law can be complex. Here is what you need to know if you’ve been injured in a slip and fall accident in the Beehive State.
It’s Not Just “Because You Fell”
The biggest misconception about slip and fall cases is that if you get hurt on someone else’s property, they are automatically responsible. This is not true.
To win a slip and fall claim in Utah, you must prove negligence.
Property owners—whether it’s a big-box store, an apartment complex management company, or a private homeowner—have a legal “duty of care” to keep their premises reasonably safe for visitors. To prove they breached that duty, you generally have to show one of three things:
- They created the hazard: For example, a contractor dug a large hole by an office door, and did not cover it up.
- They knew about the hazard and did nothing: An employee saw a spilled drink in an aisle but walked away without cleaning it up.
- They should have known about the hazard: The hazard existed long enough that a reasonable property owner doing regular inspections would have discovered and fixed it. (e.g., a the snow has been there long enough that it has turned into a thick piece of ice).
The Utah Challenge: The Winter Factor
Living in Utah means dealing with winter four to five months out of the year. Ice and snow are the regularly cause of slip and fall accidents here.
Utah law recognizes that property owners can’t catch every single snowflake before it hits the ground. Generally, businesses have a “reasonable time” after a storm ends to clear walkways and parking lots.
However, if a business allows ice to build up unnaturally, for instance, a leaky gutter creates an ice patch on a sidewalk that they ignore for days—they may be held liable for resulting injuries.
“Was It My Fault?” Understanding Utah’s Comparative Negligence Law
Insurance companies will try and blame you. They might argue you were looking at your phone, wearing inappropriate shoes, or should have seen the hazard.
Don’t let this discourage you. Utah operates under a modified comparative negligence system (specifically, a “50% Bar Rule”).
This means you can still recover compensation even if you were partially at fault for the accident, as long as you were less than 50% responsible. However, your final award will be reduced by your percentage of fault.
- Example: If a jury awards you $100,000 in damages but decides you were 20% at fault for not watching where you were going, you would receive $80,000. If they decide you were 50% or more at fault, you receive $0.
Because insurance companies fight hard to prove you were at least 50% responsible, having a skilled attorney is crucial to getting you the most compensation possible.
Immediate Steps to Take After a Fall
If you are injured on someone else’s property, the actions you take immediately afterward are vital to a future legal claim.
- Seek Medical Attention: Your health comes first. Furthermore, you need medical records linking your specific injuries to the fall accident.
- Report the Incident: Notify a manager, landlord, or owner immediately. Ensure they make a written incident report and ask for a copy.
- Gather Evidence: If you can, take photos of exactly where you fell—the ice patch, the spill, the broken step. Hazards often get cleaned up minutes after an accident.
- Get Witnesses: If anyone saw you fall, get their names and phone numbers.
- Do NOT give a recorded statement to their insurance company until you have spoken with a lawyer.
Don’t Navigate This Alone
Slip and fall cases are rarely straightforward. Proving that a property owner “should have known” about a hazard requires investigation, evidence gathering, and a deep understanding of Utah premises liability case law. Insurance companies have teams of lawyers trying to minimize your payout. You deserve someone on your side, too.
Get the Legal Help You Deserve
If you or a loved one has been seriously injured in a slip and fall accident in Utah, don’t leave your recovery to chance. You may be facing mounting medical bills and lost wages through no fault of your own.
Contact Attorney David Head today to discuss your case. He can help you determine liability, deal with aggressive insurance adjusters, and fight for the compensation you need to move forward.
Call Attorney David Head for a consultation today: 801-691-7511