When someone slips, trips, or falls due to a hazardous condition like a wet floor, uneven surface, or poorly maintained walkway, it is referred to as a slip-and-fall accident. It becomes a legal concern when the accident occurs on someone else’s property and the property owner knew or should have known about the hazard but failed to do anything about it. The individual who has been injured may pursue a slip-and-fall claim against the negligent property owner.

Millions of people hurt themselves in slip-and-fall accidents every year. In 2022, 46,653 people died in falls at home and at work, according to the National Safety Council. Falls are the most common cause of traumatic brain injuries (TBIs) and hip fractures, either of which can be permanently disabling.

Understanding slip-and-fall laws in Oregon is crucial if you have been injured on another person’s property. These laws protect your rights as an injured party and provide a legal framework for seeking compensation when someone else’s negligence has caused you harm.

Falls and other premises injury claims should be supported by an independent witness or video.

What is Considered a Slip-and-Fall Accident in Portland?

A slip-and-fall accident occurs when someone slips and falls down. It can happen anywhere. But when someone slips and falls on someone else’s property and is injured, they may be able to seek compensation for their injuries if certain facts hold true.

An actionable slip-and-fall accident may occur on private property, such as at a home, a grocery store or a shopping mall, or on public property, such as on a sidewalk, in a library, or at a park.

Many potential hazards can lead to a slip-and-fall accident if the property owner neglects them. Our Portland slip-and-fall accident lawyers often work with clients injured because of:

  • Wet floors caused by spills or tracked-in rain, snow, etc., or by mopping, waxing, buffing, etc.
  • Uneven sidewalks or pavement cracks
  • Poor lighting in walkways, stairwells, parking garages, etc.
  • Cluttered floors and walkways
  • Loose carpets, area rugs, mats, floorboards, tiles, paving stones, etc.
  • Broken or loose stairs, stair treads or handrails
  • Unguarded or unmarked potholes in parking lots or yards
  • Malfunctioning elevators and escalators that start or stop abruptly or stop misaligned with floors or landings

It is important to understand that if you have been injured because of dangerous conditions on someone else’s property in Oregon, you may be entitled to compensation under state premises liability laws.

Your Legal Rights After a Slip-and-Fall in Oregon

Premises liability is a legal doctrine that holds property owners and those who occupy property (such as leaseholders and renters) responsible for injuries that occur on their premises due to unsafe or hazardous conditions.

Oregon statutes and case law hold that property owners have a legal duty to maintain their property in a manner that ensures it is reasonably safe for visitors. When a hazard occurs, the property owner or its legal occupant has a duty to mitigate the threat of harm within a reasonable amount of time or to erect a warning about the danger that is sufficient to alert a reasonable person. If a property owner (or occupier) neglects these duties and someone is injured, the property owner may be held accountable.

To prove a property owner or occupier was negligent, a slip-and-fall claim must show:

  • Duty of Care – In general, all members of society owe a duty of care to one another. This means we should not act in a manner that a reasonable person would understand or foresee could harm others. Property owners have a stronger duty of care to “invitees” (people they invite or entice to visit their businesses for the property owner’s gain) and “licensees” (people who have permission to be on the premises but are not there for the owner’s benefit, such as at a park or library). Property owners have the least duty of care to trespassers, people on the premises without permission.
  • Breach of Care – A breach of care occurs when a party fails to live up to the social contract. In a slip-and-fall claim, it means the property owner failed to keep the premises safe by causing or allowing a hazard to exist within their buildings or grounds and doing nothing to mitigate or adequately warn about the hazard.
  • Foreseeability – The person who slipped and fell (the “plaintiff”) must show that the property owner either knew about the dangerous condition (had “actual notice”) or should have known about it (“constructive notice”) by having conducted reasonable inspections and/or maintenance of the property or because there had been a history of similar incidents.
  • Causation – The plaintiff must show that the property owner’s negligence led directly to their injury.
  • Damages – The plaintiff must show losses from their injuries and their extent, such as to medical bills, lost wages, pain and suffering, and other related expenses.

A potential plaintiff in a slip-and-fall claim must also understand Oregon’s comparative fault system. Under this doctrine, if the injured party is partially responsible for the accident, their compensation may be reduced in proportion to their degree of fault. For example, a plaintiff who was talking on the phone and not paying attention before they fell might be judged partially responsible for the accident.

However, as long as the injured party’s fault is less than the property owner’s fault (less than 50 percent at fault), they can still seek compensation.

Further, a person who ignored an “open and obvious” danger and was injured would not have a valid claim, in most cases.

Injuries You Can Sustain from Slip-and-Fall Accidents

You should seek medical care promptly after a slip-and-fall accident. In addition to getting the necessary treatment, a medical exam and treatment will document your injury for a claim. Injuries from a trip-and-fall that our Portland premises accident lawyers typically see include:

  • Concussions and traumatic brain injuries
  • Spinal cord injuries
  • Back injuries
  • Dislocated joints
  • Broken bones
  • Sprains and strains
  • Cuts and lacerations
  • Bruises

You Can Seek Compensation After a Slip-and-Fall in Portland

If you slip and fall on someone else’s property, you should:

  • Report the incident to the property owner.
  • Seek medical attention and document your injuries.
  • Take photos of the hazard.
  • Get contact information from witnesses.
  • Save bills and receipts from expenses connected to your injury.
  • Continue to follow doctor’s orders for treatment. Failing to do so could be used to argue against your claim of injury.
  • Contact a Portland slip-and-fall lawyer who can:
    • Investigate your case thoroughly;
    • Determine the liable party;
    • Calculate the value of your claim;
    • Negotiate with insurance companies on your behalf; and
    • Represent you in court if necessary.

A Portland Slip-and-Fall Lawyer Can Help You Get the Compensation You Deserve

If you have been seriously injured in a slip-and-fall accident that was on someone else’s property and not your fault, you may be due compensation for your losses. Contact Rizk Law in Portland, OR, to schedule your free case review with an experienced slip-and-fall lawyer.

Richard Rizk is a former attorney for a national insurance affiliate who defended Oregon businesses in personal injury matters. He knows how insurance carriers think and how to fight them for the maximum compensation available to you. Contact us today for a free, no-obligation consultation.