Common Defenses To Your Utah Slip And Fall Claim

Property owners have a legal duty to keep their premises safe so that when people enter their property or come into their business they will not be harmed. Failing to clean up messes or perform regular maintenance can result in an unreasonable risk of harm that may lead to serious injuries.

Slip and fall accidents often simply result in bumps and bruises. However, they can be very severe and may affect your physical and mental health for years to come. Even in severe cases, property owners may have several available defenses to your personal injury claim.

If you or a family member was injured in a slip and fall accident on someone else’s property, it is a good idea to speak with an experienced Farmington, UT slip and fall attorney. Even if one of the below defenses is available, you likely still have a legal right to bring a claim and recover some of your damages.

  • Violation of Statute of Limitations

You have a specific deadline to file your claim for a slip and fall accident. Utah will generally only permit you to submit this claim within the first four years after your accident. If you have any property damage associated with the fall, those claims must be asserted within three years from the date that the harm occurred as well.

Although several years may seem like a lot of time, it can take months or even years to adequately prepare your claim to file a lawsuit. You should involve a slip and fall attorney in Farmington as soon as possible after your accident.

  • The Property Owner Did Not Know About the Condition

One of the items that you must prove for a successful slip and fall claim is that the property owner recognized the unsafe condition and did nothing to correct it. You can also show that the property owner should have known about it, even if they did not.

It is very easy for property owners to state that they did not know about a hazardous condition. Showing that the property owner was not doing regular inspections or maintenance may go a long way to prove that they were not maintaining the property effectively, however.

Another common defense is that you are partially at fault for falling as well. For example, if you were running in a grocery store and slipped on water, you may be partly at fault because you should not have been running. Merely stating that you are not watching where you are going can sometimes undermine your case as well.

This comparative fault can decrease the overall amount that you receive for damages, but it usually does not entirely eliminate your ability to receive compensation.

Although slip and fall claims may seem straightforward, they can be tricky because of the defenses that may be available to the property owner in Farmington. The slip and fall attorneys at Jardine Law Offices P.C. PC can help you with your slip and fall claim. Contact us today for more information or to schedule a free case evaluation.