Slip and Fall Lawyer in Kaysville and Clearfield
A fall isn't automatically someone else's fault. In Utah, the claim usually turns on one question: did the property owner know about the hazard, or should they have? Dustin Gibb helps you find out and gather the evidence before it disappears.
Property owners in Utah must keep their premises reasonably safe for people who are lawfully there. To bring a claim, you generally have to show the owner knew about the hazard, or that it existed long enough that they should have. Your own share of fault can reduce your recovery, and falls on public property require a notice of claim within one year.
Proving the owner knew
Actual notice
The owner or an employee created the hazard, saw it, or was told about it.
Constructive notice
The hazard was there long enough that a reasonable inspection would have caught it. A spill that sat for two hours is very different from one that happened thirty seconds before you fell.
What proves notice
Surveillance video, inspection or cleaning logs, prior complaints, incident reports, and witnesses who saw how long the hazard had been there.
“It was right there. Shouldn’t you have seen it?”
Owners often argue a hazard was open and obvious. Utah law here is unsettled. Depending on the facts, that argument can end a claim or only reduce it, for example, when you were carrying something, distracted by a display, or had no other way through. How you describe the fall matters.
Winter falls in Utah
Ice on parking lots, entryways, and apartment walkways causes many of the falls we see after a storm. Owners are generally judged on whether they acted reasonably: how long after the storm, whether they salted or shoveled, and whether something like a leaking gutter or poor drainage created refreezing ice. Utah law on snow and ice depends heavily on the facts, so details like timing, weather, and maintenance records matter a great deal.
Where you fell changes the claim
Stores and businesses
Usually the strongest records, such as video and cleaning logs, but they’re often overwritten quickly.
Apartments and rentals
Landlords are usually responsible for common areas such as stairs, walkways, and lots.
A friend’s or relative’s home
Homeowners insurance usually pays, not your friend personally.
City sidewalks and public buildings
A notice of claim is due within one year.
Evidence that disappears fast
Slip and fall mistakes
Leaving without reporting the fall
There’s then no record that it happened there.
Guessing about what caused it
“I must have tripped” can become the owner’s defense.
Waiting on a fall on public property
The one-year notice deadline passes faster than people expect.
Throwing away the shoes or clothing you were wearing
Slip and fall questions
No. That’s the store’s position, not a legal finding. The evidence decides.
Possibly. It depends on timing, how the ice formed, and what the owner did about it.
Often yes, through their homeowners insurance. Many people hesitate because of the relationship, and it helps to know the insurer, not your friend, usually pays.
What to bring after a fall
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The evidence won’t wait. Talk with Dustin this week.
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