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Premises Liability – aka slip & fall personal injury

Posted by George Tait | Feb 15, 2021 | 0 Comments


Maybe you have questions about what premises liability is. I'll tell you what it is through story.

A potential client came to us saying she injures her foot in a hair salon when she fell on some hair. I first thought, well, you're at a hair salon, of course there is going to be hair on the floor. Big deal—watch where you are going—it should not be the salon's fault that you fell down on some hair at a hair salon. 

But these cases need to be investigated. They need to be investigated fairly without preconceived notions or bias. We sign up the case and started to investigate.

First, we looked at statutory law, local ordinances, and so on and so forth. We find out that Salt Lake County Health Department has laws that says that hair must be swept up between each and every haircut. This is for safety and for hygiene.

In this case the hair was not being swept up between each and every haircut. There is hair on the floor from another customer. If you know anything about hair on a floor, hair on a floor can be slippery—very slippery. By serendipity, I knew this because as my wife was a hairstylist when I first met her some 40 years ago.

So, that was the first thing we found out, that there is an ordinance in Salt Lake City that requires hair be swept up between every haircut.

Next, we had to find out if the hair was not swept up in this case as alleged by our client. So what we did is have a private investigator go into this specific salon to find out if they were doing what they were supposed to be doing—sweeping up the hair between each and every haircut. 

What do you think? That's right—they were not sweeping up the hair between each and every haircut. So, that's what happened in this case.

Still you might think that all people getting their hair cut should watch where they are going. Our client, just before she sat down in the chair, was talked into having her hair shampooed before cutting it. She was walked back to the shampoo station and the stylist washed her hair. 

Our client is a fairly tall woman and the hair stylist was short. After the shampoo the stylist wraps up our client's hair in a towel about her head. Water is dripping down the towel and the towel itself is drooping down in front of her eyes. Our client is struggling to see as the stylist is escorting her back to the chair.  Of course, you know what happens. There is hair around the chair and our client falls. The fall severely fractures her foot.

Surgery is required to repair the fracture, the fracture is infected, and our client endures a recovery that is prolonged and difficult. The injury still interferes with her life. 

One interesting thing about this case is the insurance company wanted to have a confidentiality clause stopping us from talking about the case. We done away with that because it was not negotiated for during settlement discussions. 

There is a very high on burden on property owners, especially when they invite customers onto their property to do business. The business must make sure that their premises is free of hazards and they do what is necessary to keep their invited customers safe. 

That is premises liability. If you have questions about your injury when you were on a business's property just call us and we will investigate your case. 

George Tait Law is a law firm and its lawyers represent injured people and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City. George Tait Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.

About the Author

George Tait

Since 2004 George Tait has dedicated his practice to helping injured people and their families get fair and full compensation from the insurance companies. Before becoming an attorney George Tait was a Registered Nurse for over 15 years. The last years of his nursing career were in the Universit...


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