Utah Slip and Fall Lawyer
Robert DeBry & Associates: Unsafe Conditions on Land
In March 2009, the Utah Supreme Court issued an opinion in the case of Nelda P. Johnson v. Gold's Gym. Nelda Johnson was a member of Gold's Gym in Provo, Utah. Nelda injured her knee when she tripped and fell on broken asphalt in the Gold's Gym parking lot. In this case, the Court explored the distinction Utah law makes between temporary and permanent dangerous conditions on land when analyzing a landowner's liability.
A dangerous condition on land is usually classified as a temporary condition when the origin of the unsafe condition is unknown. To hold a landowner liable for a temporary condition, an injured party must show: (a) that the landowner knew or should have known about the condition because it existed long enough that he should have discovered it; and, (b) that after the landowner knew or should have known about it, the landowner failed to remedy the problem within a reasonable amount of time.
Permanent dangerous conditions are treated differently. When an unsafe condition is classified as a permanent condition, the landowner is deemed to have knowledge of the condition. Thus, an injured party does not need to independently establish notice of the condition before liability can be imposed. Generally, permanent conditions involve structural defects to buildings, equipment, or machinery, or conditions which were created or chosen by the landowner.
In Nelda's case, the Fourth District Court in American Fork classified the broken asphalt as a temporary condition because Gold's Gym did not create the crack in the asphalt. The Utah Supreme Court agreed. Interestingly, Utah cases that attempt to classify a condition as temporary or permanent often focus on whether or not the landowner created the condition, and not necessarily on how long the condition existed.
Nelda Johnson's case illustrates the point that premises liability cases are highly fact-sensitive. If you have been injured as the result of a slip and fall accident, it is extremely important to report the incident to the manager of the company or landowner immediately. You should also take several photographs of the scene, be mindful of any potential witnesses, and do what you can to get their names and contact information. Robert J. DeBry & Associates has helped hundreds of clients obtain compensation for injuries caused by the negligence of landowners. Do not hesitate to fill out a free online contact request form.
