Slips and falls are common events that can result in life-changing injuries. As a general rule, property owners must take proper steps to protect guests that are present on their land. However, this does not mean that a landowner is automatically liable for a slip and fall. As with all other instances of personal injury cases, you must prove a property owner was negligent in allowing an injury to occur. This can involve proving that you had the right to be on the property and that a landowner did not provide sufficient protection.
A Portland slip and fall lawyer is ready to help protect your legal rights following these incidents. Our diligent personal injury attorneys could work to prove that a defendant was negligent in allowing a fall to occur, show how that event has changed your life, and demand appropriate compensation through insurance settlements and civil lawsuits.
How Oregon State Law Determines the Obligations of Landowners
Two main factors determine the steps that property owners must take to protect guests on their land. The first is whether the visitor has the owner’s permission to be there. Any person who enters or remains on land without the owner’s permission is a trespasser. Under state law, trespassers can only demand compensation after a slip and fall accident if they can show that the owner caused the fall through wanton or intentional actions.
If a visitor does have permission to be on land, the next step involves evaluating why they were there. If they entered land for their own benefit, such as to attend a party, they are licensees. Property owners must warn licensees about known hazards and inspect their land for any potentially dangerous situations.
When a guest enters land for the owner’s benefit, they are invitees. A property owner must take all ordinary care to protect invitees from harm. This includes inspecting land for defects but may also involve performing regular maintenance and cordoning off unsafe spaces. A seasoned Portland slip and fall attorney could help the victims of falls establish their rights under state premises liability laws.
Establishing Fault in Specific Cases
Once an injured person is able to show that a landowner owed them a specific duty of care, they must then show how that property owner violated that duty. This often requires an in-depth investigation into the cause of a fall and what steps the landowner took or didn’t take to prevent harm. A proactive trip and fall lawyer in Portland is ready to obtain this evidence. This may include:
- Maintenance records
- Incident reports
- Witness statements
- Video footage
Using this information, a committed legal professional works to build a powerful case against negligent property owners. At the same time, they work to fight back against any allegations of shared blame.
According to Oregon state law defendants can argue that a victim did not do all that they could to prevent their injuries. This could include introducing evidence of a visitor’s distraction by a cellphone, improper choice of footwear, or ignoring a warning sign. If a court accepts this defense, it must reduce an injured person’s award at trial by their percentage of blame. A Portland slip and fall injury attorney works to refute these potentially damaging accusations.
Let a Portland Slip and Fall Attorney Take the Lead in Your Case
All people who suffer injuries because of the failures of others to keep them safe deserve full compensation for their losses. This includes situations where a property owner invites a guest onto their land but allowed a hazardous condition to exist that causes harm. In such cases, landowners must provide monetary damages for physical injuries, lost wages, and emotional traumas.
A Portland slip and fall lawyer is ready to build a strong case against negligent property owners. This includes both showing that they were responsible for an accidental fall and demonstrating how that event has impacted your life. Reach out now to set up your private consultation.