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5 Factors That Can Affect the Value of a Premises Liability Claim

As a visitor to someone else’s property, it’s understandable that you’d expect the premises to be in a reasonably safe condition. A good property owner maintains their property so that it’s safe and doesn’t endanger anyone who visits. When owners are negligent and not taking care of their property, they’re opening themselves up to liability issues. If you get hurt on someone else’s property, you have the right to file a premises liability claim. Contact a premises liability lawyer who can help you secure the maximum payout for your injuries.

The Amount of Evidence Against the Homeowner

For your claim to succeed, you need to present substantial evidence of the homeowner’s negligence. A viable premises liability claim meets four key stipulations. A property owner is liable for the injuries of a licensee (a person permitted onto the premises) if the following are true:

  • The property owner knew or should have known about a condition or activity on the premises that put the licensee in danger of injury.
  • The property owner anticipated that the licensee would be unlikely to notice or protect himself from the potentially dangerous conduct or situation.
  • The property owner failed to take reasonable precautions to repair, replace, or appropriately warn the licensee about the behavior or condition that caused his injury.
  • Before they were harmed, the licensee did not notice or comprehend the risk of the condition or activity on the premises.

A lawyer will be able to go over your specific scenario and ensure that each aspect of the evidence is true before advising you to pursue a claim.

The Severity of the Plaintiff’s Injuries

The severity of your injuries can reveal the depth of the homeowner’s negligence. More egregious negligence often leads to more severe injuries. Also, more severe injuries will require more extensive medical treatment, resulting in increased medical expenses that you could recover if your claim is successful.

The Plaintiff’s Employment Status and Job Type

Your job and the type of work you do can seriously impact your claim. Your injury could cause you to miss work or make you unable to return to work. Further, long-term and permanent injuries could make it difficult for you to obtain employment in general. Ruined job prospects can increase the value of your claim as the liable party may need to compensate you for the loss of current and future income.

The Plaintiff’s Proportion of Liability

Utah is a state that operates under modified comparative negligence. Utah Code 78B-5-818 allows plaintiffs to recover damages even if they are partially at fault for the incident. However, the plaintiff’s fault cannot exceed the defendant’s fault or exceed the 50% threshold. If the courts determine that the plaintiff is more than 50% at fault for the damages, the plaintiff’s right to recover is forfeited. If they are less than 50% at fault for the accident, they can receive a payout that the court will reduce proportionally to reflect their percentage of fault.

Consult Our Experienced Premises Liability Attorneys

Property owners have a duty to those they allow on their premises. Failing to maintain a safe property or inform visitors of potential hazards is irresponsible. While many factors contribute to the value of a claim, only a skilled attorney can take the information from your case, estimate your case’s value, and fight for you to be fairly compensated for your suffering. If you or a loved one was injured on someone else’s property, consider filing a premises liability claim.

With more than 25 years of personal injury experience, the legal team at Feller & Wendt, LLC is well-versed in handling premises liability claims. When you’re ready to pursue a claim, trust us to handle your case with empathy while also providing you with powerful legal representation. We will do everything we can to get you the payout you deserve. We cover areas in Utah, Arizona, and Idaho. For a free consultation to assess your case, get in touch with us by calling (801) 499-5060 or using our contact form.