Slip-and-fall jokes were a staple of Vaudeville and early movies, but, in the real world, no one’s laughing. The Centers for Disease Control and Prevention (CDC) estimate over 1 million Americans suffer slip-and-fall injuries annually and over 17,000 people die. You have the right to be safe and the Morgan Law Firm can provide counsel and representation when you’ve been hurt.
The Owners’ Obligation
Owners and managers of property — public places, businesses premises, and private homes — have a responsibility to safeguard people under their roof. It’s an ancient concept called the law of hospitality, now codified as premises liability. If the owners/managers know of dangerous conditions — torn carpeting, cracked sidewalks, poor lighting, narrow stairs, wet floors, ice & snow or many other possibilities — and does not act to fix the danger, they may be liable.
Note: In some circumstances, malicious intent is necessary. In premises liability, it usually isn’t. “I didn’t mean for anyone to get hurt,” is rarely an effective defense.
The Victim’s Obligation
The plaintiff must prove there was an injury, that it happened on the defendant’s property and that the defendant both should’ve and could’ve removed the danger. If it was an unforeseeable or unavoidable “act of God” or “act of nature” or just plain bad luck, the law doesn’t provide a remedy. Fault is the key concept. Special rules apply to some cases:
- Public property differs from private because governments have a very necessary (but limited) level of immunity.
- You cannot ignore the statutes of limitations without serious risk to your case.
If you think you’ve been the victim of premises negligence, you need to safeguard your case. Get to a doctor and get an official medical opinion on the record. The longer you wait, the more likely the defendant can claim it happened elsewhere. Don’t make statements that could be taken as forgiving the property owner-manager. Don’t sign documents or accept payments or take any action unless they’ve been reviewed by a competent personal injury lawyer.
Personal Injury Experts
The David L. Morgan Law Firm team boasts a thorough understanding of state laws to help you pursue an effective personal injury claim in Utah or Idaho. Over almost 20 years, their track record of success says this ain’t idle bragging. Your initial consultation is free at any of the firm’s six Utah and Idaho offices. Contact the Morgan Law Firm today and let them do what they do so well.
