Legal Question in Personal Injury in Utah

Wrongful death liability

Can an irrigation company be held liable for a drowning in a resivoir it owns ? The resivoir is commonly used for recreation but is not managed by the forest service.


Asked on 2/14/03, 2:39 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Wrongful death liability

A reservoir may be considered an "Attractive Nuisance" which means that it is inherently dangerous, but also attracts attention. If the owner allows unfettered access it may be held liable if there was any kind of negligence. If there are warning signs or other precautions the liability may be less.

As for the drowning, the company can certainly be sued, but whether the suit will be successful will depend on the facts proven at trial which have to do with negligence.

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Answered on 2/14/03, 5:00 pm


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