BAM Injury Law compiled this reference on Utah slip and fall accident data from the National Safety Council, the Utah Labor Commission, and published premises liability case law. Updated annually.
Utah Slip and Fall: Key Statistics
- Falls are the leading cause of unintentional injury in the United States, accounting for more than 36 million falls among older adults annually (CDC).
- The National Safety Council reports that slip and fall accidents result in approximately 9 million emergency room visits per year nationally.
- In Utah, the Labor Commission documents thousands of fall-related workplace injuries annually. Falls are the leading cause of workplace injury claims filed in the state.
- The most common slip and fall injury locations reported in premises liability claims: retail stores and shopping centers, parking lots and sidewalks, restaurants and grocery stores, apartment common areas, and construction sites.
- Traumatic brain injuries (TBI), spinal cord injuries, and hip fractures are the three most catastrophic outcomes of slip and fall accidents. Hip fractures in adults over 65 carry a one-year mortality rate of 20 to 30 percent.
Utah Premises Liability Law
Slip and fall claims in Utah are governed by premises liability principles derived from Utah Code and common law. Key rules:
- Duty of care: Property owners and occupiers owe a duty of reasonable care to lawful visitors (invitees and licensees). The duty includes inspecting the property for hazards, repairing known hazards promptly, and warning visitors of hazards that cannot be immediately corrected.
- Invitee vs. licensee vs. trespasser: Invitees (customers, clients) receive the highest duty of care. Licensees (social guests) receive a lesser duty. Trespassers receive only the duty to avoid willful injury, with exceptions for child trespassers under the attractive nuisance doctrine.
- Comparative fault (Utah Code Section 78B-5-818): Utah uses modified comparative fault. A slip and fall victim who is found 50% or more at fault for their own injury cannot recover damages. A victim who is less than 50% at fault recovers damages reduced by their percentage of fault.
- Notice requirement: To hold a property owner liable, the victim must generally show that the owner knew or should have known about the hazard. "Constructive notice" is established by showing the hazard existed long enough that a reasonable inspection would have discovered it.
- Statute of limitations: Personal injury claims arising from slip and fall accidents in Utah must be filed within four years of the date of the fall (Utah Code Section 78B-2-307). Claims against government entities (city sidewalks, public buildings) carry a one-year deadline with a pre-suit notice requirement.
Common Causes of Slip and Fall Accidents in Utah
- Wet and slippery floors: Spills in retail stores, freshly mopped floors without warning signs, and water tracked in from exterior weather.
- Ice and snow: Utah's winters create significant hazards. Property owners have a duty to clear ice and snow from walkways within a reasonable time after accumulation stops. The Utah Snow Removal Safe Harbor Act (Utah Code Section 78B-4-513) provides limited liability protection for residential property owners who make a good-faith effort to remove snow and ice.
- Uneven surfaces: Cracked sidewalks, raised pavement joints, broken parking lot asphalt, and damaged flooring.
- Poor lighting: Inadequate lighting in parking lots, stairwells, and corridors that prevents visitors from seeing hazards.
- Defective stairs and railings: Missing or loose handrails, broken steps, and inadequate riser height.
- Unmarked hazards: Holes, drains, and curb transitions that are not marked or barricaded.
What to Do After a Slip and Fall in Utah
- Seek medical attention immediately, even if injuries seem minor. Internal injuries and concussions often present symptoms hours or days after the fall.
- Report the fall to the property manager or store manager before leaving. Ask for a written incident report and keep a copy.
- Photograph the hazard, the scene, your injuries, and any warning signs (or absence of warning signs) before conditions change.
- Get the names and contact information of any witnesses.
- Do not give a recorded statement to the property owner's insurance company without consulting an attorney. Insurance adjusters are trained to use recorded statements to minimize claims.
- Preserve your footwear. The condition of shoe soles is frequently raised by defense attorneys to argue the victim was at fault.
Damages Available in Utah Slip and Fall Claims
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability and disfigurement
- Loss of consortium (spouse's claim)
Punitive damages are available in Utah under Utah Code Section 78B-8-201 in cases involving willful, malicious, or fraudulent conduct. They are rare in slip and fall cases but applicable when a property owner knowingly concealed a dangerous condition.
Contact BAM Injury Law
Attorney Kigan Martineau represents slip and fall victims throughout Utah. He handles every case personally. No fee unless we win. Call (801) 839-5652 or visit our Utah slip and fall attorney page.
Sources
- CDC -- Falls Prevention Facts
- National Safety Council -- Injury Facts (annual)
- Utah Labor Commission -- Workplace Injury Reports
- Utah Code Ann. §§ 78B-2-307, 78B-4-513, 78B-5-818, 78B-8-201
