Utah courts have held that dangerous conditions associated with slip and fall accidents fall into two categories.
The first category “involves some unsafe condition of a permanent nature, such as in the structure of the building, or of a stairway, etc. or in equipment or its manner of use, which was created or chosen by the defendant (or his agents), or for which he is responsible.” Under this category, where the defendant either created the condition, or is responsible for it, he is deemed to know of the condition; and no further proof of notice is necessary.
The second category involves some unsafe condition of a temporary nature, such as a slippery substance on the floor, and usually it is not known how it got there. This category requires proof: (1) that the defendant] had knowledge of the condition, that is, either actual knowledge or constructive knowledge because the condition had existed long enough that he should have discovered it; and [(2)] that after such knowledge, sufficient time elapsed that in the exercise of reasonable care he should have remedied it. The variant of this rule, however, is that if the condition . . . was created by the defendant himself or his agents or employees, the notice requirement does not apply.
If you need help determining whether you have a slip and fall case in Utah, call or text Shane at 385-429-9960. He has significant experience resolving slip and fall cases for maximum value across Utah.
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