In Utah, what must be established to show breach of duty?

To establish a breach of duty in Utah, it is essential to demonstrate that the defendant's actions did not align with the applicable standard of care. This means that the defendant failed to act as a reasonably prudent person would in similar circumstances, which results in a finding of negligence. The standard of care is determined by looking at what a typical person would do to avoid causing harm to others. If it can be shown that the defendant's behavior fell short of this standard, it solidly establishes a breach of duty.

In personal injury cases, the focus is not on the defendant's intent or whether the injury occurred on their property, but rather on the actions taken and whether they were reasonable under the circumstances. Malicious intent is not required to establish a breach of duty; the key consideration is the failure to meet the expected standard of care. Similarly, whether or not the plaintiff was aware of risks beforehand pertains more to assumptions of risk rather than the establishment of breach. The breach of duty solely hinges on the defendant's failure to exercise the requisite care that would lead to a reasonable expectation of safety for others.