At the Law Offices of Jon Friedman, our premises liability lawyers in Portland, Oregon know there is more to these incidents than slips, trips, or falls.
Private, public, and government property owners owe all guests the duty of safety when they are on their premises. That means invitees should be able to visit a grocery store, shopping mall, office building, courthouse, or even another person’s home without being injured by hazardous conditions.
Unfortunately, many of these same places are filled with potentially negligent hazards — either caused by staff members or the property owners that can easily lead to slips and falls that cause significant injuries.
When such an event occurs, our premises liability attorneys will listen to the details of your incident during a free consultation to discuss your claim against the responsible party.
Where Do Most Premises Liability Injuries Occur in Oregon?
When negligence is a factor, premises liability injuries can occur anywhere, anytime.
Common locations where premises liability injuries may include, but are not limited to:
The person or company in possession and control of the premises is obligated to cause no unreasonable harm to others. When property owners or operators violate that duty, people get hurt and should be compensated for their medical costs, lost wages, and any out-of-pocket expenses incurred because of the injury.
Premises Liability: Who is Responsible for an Accident in Portland?
In Oregon, a premises liability lawsuit can be brought against any property owner and/or any property occupier. In other words, a party who is in charge of the premises may potentially be legally responsible for an accident if one happens because of unreasonably hazardous conditions. Some defendants that may be liable in a premises liability lawsuit in Portland may include:
Businesses: Businesses must ensure their premises are safe for customers. If a business fails to rectify known hazards or to warn about potential dangers, it can be held liable for resulting injuries. Some examples include retail stores and restaurants.
Property Owners: Residential property owners also have a duty to maintain a safe environment. Some examples include fixing structural damages, ensuring adequate security, and addressing hazardous conditions like icy walkways or broken stairs.
Organizations: Non-profit and private organizations that own or operate facilities like community centers, schools, or event spaces must safeguard against risks. This includes regular inspections and prompt responses to any safety concerns.
Government Entities: Government entities can be held liable under specific conditions for injuries occurring on public property, such as parks, public schools, or government buildings. However, claims against government bodies are subject to strict filing deadlines and procedural rules. There are specialized rules and regulations that apply.
How Do You Prove Liability in an Oregon Premises Liability Lawsuit?
Evidence is the key to any successful personal injury claim. In Oregon, proving liability in a premises liability lawsuit requires establishing several key elements. Injured victims must clearly demonstrate every element to succeed in their claim against the property owner or occupier. You must be prepared to prove all of the following four things:
Duty of Care: The first step in proving liability is to establish that the defendant had a duty of care towards the injured party. In Oregon, property owners and occupiers have a legal obligation to ensure their premises are reasonably safe for visitors. Notably, the duty of care varies depending on the visitor’s status—invitees, licensees, and even, in some rare cases, trespassers. For invitees (e.g., customers in a store or guests in a commercial space), the highest duty of care is owed. Businesses and property owners must inspect and remedy any unsafe conditions.
Breach of the Duty of Care: Once a duty of care is established, the plaintiff must clearly demonstrate that the defendant breached this duty. A breach occurs when a property owner fails to act as a reasonably prudent person would under similar circumstances. Some examples of breaches include failing to clean up spills promptly, not repairing damaged flooring, or neglecting to secure hazardous areas. In Oregon, the specifics of what constitutes a reasonable action can vary, but fundamentally, if an owner knows about a danger or should have known it through proper diligence, they must take action.
Causation: The third element involves linking the breach of duty directly to the plaintiff’s injuries. Put another way, an injured victim must show that the injury was a foreseeable result of the defendant’s negligence and caused the person’s injuries. For instance, if a customer slips on a wet floor that lacks proper signage and sustains an injury, causation is established by demonstrating that the fall would not have occurred if the floor had been dry though proving how long the water was on the floor may be challenging.
Damages: Without damages, there is no viable claim. You must be able to prove that you suffered actual damages due to the incident. There are two kinds of damages: economic (this typically involves past, present and future medical bills and wage loss) and non-economic (this typically includes pain and suffering or interference the event has caused with your ability to lead your normal, everyday life).
All serious accidents require a thorough investigation. Proving these elements requires a thorough collection of evidence. In many cases, this includes photographic or video evidence of the hazardous condition, witness statements, maintenance records, and expert testimony regarding the nature of the hazard and the appropriateness of the property owner’s actions. Beyond that, documentation of injuries and associated costs—proof of damages—is crucial.
Recovering the Maximum Compensation Through a Premises Liability Claim
Under Oregon law, you have the right to pursue compensation for the full value of your damages through a claim. Unfortunately, businesses, property owners, and their insurance companies can make the legal claims process challenging for people and families. They want to resolve their liability for the lowest amount of compensation possible—potentially even denying compensation outright. Our Portland premises liability lawyers help injured victims fight for the maximum compensation, including for:
Emergency medical treatment;
Hospital bills;
Other medical costs;
Rehabilitative care;
Loss of wages;
Loss of future earning power;
Pain and suffering;
Mental anguish;
Long-term disability; and
Wrongful death.
How Long Do You Have to File a Premises Liability Lawsuit in Oregon?
All personal injury claims in Portland are time-sensitive. You have a limited amount of time to take legal action. There is a two-year statute of limitations for most premises liability lawsuits in Oregon. In the event your claim is against a specific entity, such as the government, there is a 180 day Tort Claim Notice requirement to preserve your claim. You do not want to fall behind a business, property owner, or any insurance company in the claims process. Take a proactive approach: Consult with a Portland, OR, premises liability lawyer as soon as possible after a serious accident.
What are the Most Common Causes of Premises Liability Injuries in Portland?
Premises liability incidents and injuries can occur anywhere negligence is a factor.
That can include circumstances where the property owner or operator knew about the hazard or should have known the defective conditions or any unsafe structures in their home or business could cause harm to visitors.
Common causes of premises liability incidents may include:
Comparative Liability Applies in Oregon Premises Liability Claims
If you have been injured in a premises liability incident, and are found partly responsible for your slip and fall, you may still be eligible to pursue fair compensation from the property owner and/or any other party who is also at fault, as long as your share of the blame is less than 50%.
Although a slip and fall accident may sound minor, your injuries could have a long-lasting impact on your quality of life now, and going forward that should not be taken lightly.
Why Choose Our Portland Premises Liability Lawyer
Premises liability claims are complicated. Unfortunately, injured victims may struggle to hold a negligent business or negligent property owner accountable. You cannot rely on any insurance company to look out for your best interests after a serious accident. It is imperative that you have a top-tier attorney on your side. At The Law Offices of Jon Friedman, we take on the full range of premises liability claims. Our client testimonials and decades of experience demonstrate what our firm can do for victims and families. When you contact our Portland law office, you will have an opportunity to consult with an Oregon premises liability attorney who can:
Hear what you have to say and answer questions about your case;
Investigate the accident—gathering evidence to prove liability;
Advocate for you in settlement negotiations with defendants/insurers; and
Develop a personalized strategy to help you maximize your compensation.
At the Law Offices of Jon Friedman, our Portland Personal Injury Attorneys Also Focus on the Following Practice Areas:
While nearly everyone’s first instinct is to jump up quickly from an injury that occurs in public. Many people become embarrassed and get up to leave, but the best approach is to assess your physical condition by remaining still until medical help arrives or until you are sure you are okay and can follow up with a physician.
After the accident scene has been documented and evidence properly preserved, continue to follow your physician’s directions and contact our Portland premises liability attorneys for help pursuing fair compensation for your injuries.
Contact Our Portland Slip and Fall Attorney For A Free Consultation
If you have been hurt on public, private, or government property, and believe you have a personal injury claim because of the owner or operators’ negligent actions or inaction, please contact our Portland personal injury attorneys at the Law Offices of Jon Friedman today by calling 503-242-1440 for a free confidential assessment of your claim.
Frequently Asked Questions for Premises Liability in Portland
A hazardous condition is something that could cause harm to a person who is legally on the property. This could be a freshly waxed floor without signage warning visitors of the potential to slip, or spilled food or drinks that are not quickly cleaned up. It could also be a lack of lighting or a blocked fire exit. Premises liability injuries can occur when the property owner is negligent in providing a safe space — free from unreasonable hazards — for their guests.
We would have to prove that the owner had a duty of care to you as a visitor or guest. We must then show the property owner created the danger, or knew or should have known of the hazard, but did not remedy the dangerous condition. Finally, we must show the hazard was the cause of your injuries, and that you suffered damages — like medical bills, lost wages, and pain and suffering, as well as interference with your ability to lead your normal life — because of the negligence.
Technically, no. Slip, trip, and falls are types of premises liability claims, but not all premises liability claims are slip and fall incidents. Other types of premises liability claims include dog bite injuries, being hit by an object, or falling from heights, to name a few.
Yes. Negligent security claims — including those where there is insufficient security at an event, or when a guest is physically injured by security personnel — are also types of premises liability claims. Negligent security may also include broken locks or gates at apartment complexes, the lack of security cameras, or functioning keycard entrances that keep residents safe. Our premises liability lawyers in Oregon can help you understand the duty of care the property owner or operator had in your case, how that duty of care was breached, and who is liable for your financial recovery.
OurPortland premises liability lawyers know how difficult it is to consider filing a lawsuit against a friend, neighbor, or family member under any circumstances. You could be injured on their private property, which could include your kid getting bitten by your sister’s dog or suffering an injury while swimming at a neighbor’s pool, or while jumping on a friend’s trampoline. Our law firm can help you pursue the property owner’s insurance coverage directly, so you are not pursuing the individual’s private funds.
In a slip and fall premises liability the elderly are the most likely to suffer from injuries. In terms of dog bite premises liability, children are the most susceptible. While these are the two main age groups to be affected, anyone of any age can potentially have a premises liability claim.
Property owners are responsible for maintaining their property in safe condition and to eliminate hazards. It is their responsibility to keep their property safe for others.
Yes, it is likely the property owner’s insurance company or their insurance adjuster will reach out to you if you have reported the accident. You will want to get legal representation before you contact them.
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