Utah Premises Liability Lawyers
- $ Millions Won For Our Clients
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Utah Premises Liability Lawyers Who Know When a Property Owner Is Responsible for Your Injury
You were just running an errand, visiting a friend, or walking into work. Then a wet floor, an icy walkway, a broken stair, or a dark parking lot changed everything. Now you are dealing with medical bills, missed work, and an insurance company that wants to blame you for what happened on someone else’s property.
Utah law is clear: property owners who open their doors to others must keep their premises reasonably safe. When they fail to do that, they are responsible for the harm that results. But knowing that and proving it are two different things, and insurance companies are very good at making victims feel like the burden of proof is too high to clear.
Creekside Legal represents premises liability victims across Utah, and we know how to build the case that property owners hope you cannot. We investigate the conditions that caused your injury, gather the evidence that establishes what the property owner knew and when they knew it, handle your medical bills, and make sure you are getting the treatment you need. All while pursuing full compensation for everything this injury has cost you.
There is nothing to pay unless we win your case. And when we do, we take a smaller percentage than most Utah firms charge, because getting hurt on someone else’s property has already cost you enough.
“If you are looking for the most dependable lawyer Matt Schmoldt is who you need. “
“Matt’s compassion in life shows in his work and he will work hard for you. I highly recommend Creekside Legal.”
– Cheryl L.
What Our Clients Are Saying
“Matt Schmoldt is amazing! “
“So easy to work with and he always makes sure to explain everything in a way thats easy to understand. He just treats you right!”
– Jeremy
“Matt was my lawyer and was super helpful and amazing with communication, everything was always clear and understood as my case went on! “
“Definitely recommend this law firm!”
– Christine M.
Our Utah Premises Liability Team
Matt Schmoldt
Lawyer
Jenny Hoppie
Lawyer
Tyler Tapp
VP of Legal
Annie Edwards
Senior Paralegal
Sandra Westwood
Paralegal
Why Work With Us?
Experienced & Dependable
With over three hundred five-star reviews, you can be confident that we will take care of you and your case.
Pay Nothing... Until We Win
We won’t let you pay us… until we win. We also take less of your settlement than other personal injury law firms.
Medical Bills & Treatment
We will help you with your medical bills. We also make sure that you get the right medical treatment.
Get A Larger Settlement
Studies show that injury settlements are larger when a personal injury lawyer is representing you.
What Is Premises Liability in Utah?
Premises liability holds property owners and occupiers responsible when a dangerous condition on their property injures someone. It covers far more than slip-and-falls. To win, we generally prove four things:
- The owner owed you a duty of care
- They breached it by allowing a dangerous condition to exist (or failing to warn you)
- That condition caused your injury
- You suffered real damages — medical bills, lost income, pain and suffering
Simple to state; hard to prove without evidence. Which is why what you do in the first days matters so much (more below).
Utah Premises Liability Cases We Handle
- Slip-and-fall / trip-and-fall accidents — wet floors, spills, uneven surfaces, loose mats, cluttered aisles in stores, restaurants, and apartment complexes
- Snow and ice injuries — Utah’s most underestimated premises case (see below)
- Falling merchandise — carelessly stacked shelves in retail and warehouse stores
- Negligent security — assaults in parking lots, complexes, and hotels that working locks, lighting, or reasonable security would have prevented
- Stairway, railing, deck, and balcony failures — including building code violations
- Swimming pool accidents — missing fences, broken gates, unsupervised access, especially involving children
- Elevator, escalator, and parking structure accidents
- Dog attacks on someone’s property — Utah imposes strict liability on dog owners (see our Utah dog bite page)
How Much Care Were You Owed? Utah’s Visitor Categories
Utah law scales the property owner’s duty to your reason for being there:
- Invitees (customers, tenants, business visitors): the highest duty — owners must reasonably inspect for hazards and fix or warn about them
- Licensees (social guests): owners must warn of known, non-obvious dangers
- Trespassers: a limited duty — but owners still can’t willfully injure anyone
The child exception matters. Under the attractive nuisance doctrine, owners can be liable when child-attracting hazards — pools, trampolines, equipment, abandoned structures — injure a child, even a trespassing child, if reasonable precautions weren’t taken.
Snow and Ice: What Utah Law Really Says About Winter Falls
Adjusters love to tell injured Utahns “nobody’s liable for natural snow and ice.” That is not Utah law. Property owners — especially businesses — owe reasonable care, and in a state with months of predictable snowfall, reasonable care includes monitoring and addressing snow and ice they know about or should know about.
A store that lets its entrance sheet over with ice for days, or a landlord who never treats walkways, can absolutely be held responsible. These cases turn on specifics: when the storm ended, weather records, maintenance logs, the owner’s snow-removal practices. We know how to get that evidence — fast, before it’s gone.
The Heart of the Case: Proving Notice
Most premises fights come down to notice — proving the owner knew about the hazard (actual notice) or that it existed long enough that a reasonable owner would have found it (constructive notice). To prove it, we:
- Send preservation letters immediately so surveillance video isn’t overwritten
- Obtain inspection, cleaning, and maintenance logs
- Interview employees and witnesses
- Pull prior incident reports and code violation records
- Bring in engineers and safety experts when the case calls for it
Surveillance footage is often erased within days. It’s the single best evidence in most fall cases, and it disappears quietly. Call before it does.
Injured on Government Property? Your Deadline Is One Year.
Public sidewalks, government buildings, parks, schools, UDOT-maintained areas — injuries on government property fall under the Utah Governmental Immunity Act, which requires a formal notice of claim within one year, with strict technical requirements about content and delivery. Get it wrong, and the case is barred forever, no matter how strong it was.
Most firms’ websites never mention this. It’s one of the most common ways injured people unknowingly lose valid cases.
What Compensation Can You Recover?
Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering; mental and emotional suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Punitive damages in rare, egregious cases
Insurers pay the small, obvious numbers and fight the big ones — future care, permanent limitations, pain and suffering. Our job is making sure the claim reflects everything the injury actually took from you.
Deadlines for Utah Premises Liability Claims
- Most injury claims: 4 years from the date of injury
- Government property: notice of claim within 1 year
- Wrongful death on dangerous property: generally 2 years
- Evidence: measured in days — footage, logs, and memories don’t wait for legal deadlines
“Matt is such an incredible person. “
“It’s obvious from the first moment you talk to him that he cares so incredibly much about people. He’s wonderful at listening and has so much integrity in the work that he does. He’s just a great guy!”
– Tayzia C.
Utah Premises Liability FAQs
What should I do after a slip and fall in Utah?
Report it to the manager or owner and ask that an incident report be created. Photograph the hazard, your footwear, and your injuries. Collect witness names. See a doctor right away — even if you feel “mostly fine” — and talk to a lawyer before giving any recorded statement.
The store says I should have seen the hazard. Do I still have a case?
Often, yes. Utah’s comparative fault rule lets you recover as long as you were less than 50% at fault,
reduced by your percentage. “You should have watched where you were going” is an adjuster’s negotiating position, not the law’s last word.
Can I sue if I fell on ice in a parking lot?
Possibly. Liability depends on how long the ice was there, what the owner’s snow-removal practices were, and the weather timeline. Commercial owners in Utah can’t simply ignore predictable winter hazards. These are fact-intensive cases — exactly what a free case review is for.
What if I was hurt at a friend's or family member's home?
You’re typically not suing your friend — you’re making a claim against their homeowner’s insurance, which exists for precisely this purpose. We handle these claims with the discretion they need so relationships stay intact.
What if I was injured at my apartment complex?
Landlords must keep common areas — stairs, walkways, parking lots, pools — reasonably safe and make required repairs. Broken railings, ice, poor lighting, and failed maintenance regularly support claims against landlords and property managers.
I was assaulted in a parking lot. Can the property owner be liable?
Possibly, under negligent security law. Businesses and landlords in areas with known crime risks must take reasonable security measures — adequate lighting, working locks and gates, security presence where warranted. When they cut corners and someone is attacked, they share responsibility.
How much is my premises liability case worth?
It depends on injury severity, your medical future, lost income, life impact, and the strength of the notice evidence. Anyone quoting a number before reviewing your case is guessing. We’ll review it and give you an honest range — free.
How much does a Utah premises liability lawyer cost?
Nothing upfront. We only get paid if we win, and our percentage is lower than what most Utah injury firms charge. Call (801) 406-4273 for a free consultation.