Picture this: You’re walking through a store in Portland and slip on a wet floor. You land hard on your back and feel pain surge through your body. What do you do next? Who’s liable for your injuries, and what compensation could you recover? These are all crucial questions, and our Portland slip-and-fall lawyers have the answers.
At Rizk Law, our Portland injury attorneys routinely handle cases where seemingly ordinary falls cause severe injuries. These incidents happen every day and cost people thousands in medical bills – and that doesn’t include the physical and emotional toll many people experience. If you have questions about a Portland slip-and-fall claim, contact our office for a free consultation.
What Is Premises Liability in Oregon?
Slip-and-fall claims in Oregon fall under premises liability law. Premises liability is the legal theory that property owners must maintain a safe environment for visitors. Oregon slip-and-fall attorneys refer to this responsibility as a “duty of care.” The level of care a property owner owes to a visitor depends on why the visitor is on the premises and if they have permission to be there.
The three categories of visitors under Oregon premises liability law are:
- Invitees – An invitee visits a property for a business purpose, such as a customer at a store or restaurant. Oregon property owners owe the highest duty of care to invitees. They must fix or warn invitees of known hazards on the premises and check regularly for potential dangers.
- Licensees – A licensee visits a property for a social reason. For instance, someone who visits another person’s home is a licensee. Property owners must warn licensees of known hazards, but they don’t have to conduct regular checks like they do for invitees.
- Trespassers – A trespasser is someone who does not have permission to visit someone’s property. Property owners owe a minimal duty to trespassers and are generally only liable for intentional injuries they cause.
The property owner is considered negligent if someone falls and sustains injuries at a property because they didn’t meet their legal obligations. For instance, a business owner didn’t clean up a spill or put up a wet floor sign, leading to a customer slipping on a wet floor. In this case, they may be liable for the victim’s injuries and losses. Compensation in a premises liability claim can include money for:
- Medical expenses
- Lost wages
- Reduced future earnings
- Pain and suffering
- Emotional distress
What to Do After a Slip-and-Fall Accident in Portland
It’s vital to take proper steps to protect your rights after a slip-and-fall accident in Portland. Here’s what to do:
- Report the accident to the property owner – Tell the property owner or a manager about what happened so there’s a written record of the incident. Without a report, it’s your word against theirs, which makes it harder to prove your case.
- Seek medical attention – See a doctor immediately, no matter how minor your injuries seem. You might have hidden injuries that could worsen without immediate treatment. Not seeking medical attention right away also makes it easier for the property owner to fight your claim, as they’ll argue that your injuries aren’t as severe as you say.
- Take pictures of the scene – If your injuries allow, take pictures of the accident scene before seeing a doctor. For instance, if a spill caused your fall, take photos of the spill and the lack of a wet floor sign. Look for any hazards in the area or other signs that the property owner hasn’t been properly maintaining the premises.
- Look for eyewitnesses – If anyone else saw the fall, get their names and contact information. Their testimony can support your claim.
- Attend all follow-up appointments – Not following your doctor’s orders or neglecting follow-up appointments can worsen your injuries and let the property owner argue that your injuries aren’t that bad. Don’t stop treatment without talking to a doctor first.
- Save your medical records and receipts – Your medical records are crucial for proving the extent and long-term effects of your injuries. Similarly, your receipts and bills help demonstrate the accident’s financial impact. Save these documents in a safe, secure place for later use.
- Don’t discuss the accident – Insurance companies will use anything you say about the accident to weaken your claim, so don’t discuss what happened with anyone other than a lawyer. In particular, don’t post anything about the fall or your recovery on social media, as insurers can easily find your posts and use them against you.
- Hire a slip-and-fall lawyer – After a slip-and-fall accident, your job is to focus on your medical treatment. Let an attorney handle your legal case and fight for fair compensation while you concentrate on healing.
Hold On to Evidence for Your Slip-and-Fall Claim
Strong evidence is crucial for winning a slip-and-fall case, as property owners often contest these claims and seek to reduce your compensation. While a Portland slip-and-fall lawyer can gather evidence to support your claim, you can support your case by holding on to whatever proof you already have. Some types of evidence that can bolster your Portland slip-and-fall claim include:
- Eyewitness contact information – Witnesses can testify about the conditions on the property that caused your fall, providing a neutral perspective on the accident.
- Photos from the accident scene – Pictures of the property and any obvious hazards can help demonstrate how the property owner failed to prevent your fall.
- Surveillance camera footage – If you noticed any surveillance cameras on or near the property, make sure to tell your lawyer. This footage can provide an objective account of the accident and help demonstrate the property owner’s negligence.
Can Hiring a Slip-and-Fall Lawyer Help Your Claim?
Hiring an Oregon slip-and-fall lawyer is vital for maximizing your compensation after a fall. While you rest and heal, your attorney can gather evidence and build your legal case. A lawyer can also handle all the necessary paperwork and begin settlement negotiations with the property owner and their insurer. If the property owner doesn’t agree to a fair settlement, your attorney can take your case to trial and present arguments to a judge or jury. Without a lawyer’s help, you’ll have to do these tasks yourself and have a much lower chance of recovering fair compensation.
Deadlines for Slip-and-Fall Claims in Oregon
In Oregon, the time limit for filing a slip-and-fall lawsuit is generally two years from the accident date. Missing this deadline may bar you from recovering compensation. Contacting an attorney promptly protects your rights and helps your lawyer conduct a thorough investigation while meeting all necessary legal deadlines related to your claim.
If You Need Help with a Slip-and-Fall Claim, Call Today for a Free Consultation!
Rizk Law understands the challenges of Portland slip-and-fall claims. We’re here to simplify your life after an accident. In our decades of experience, we’ve secured compensation for countless slip-and-fall injury victims, including a $50,000 award for someone who fell on a dark apartment stairway. As one satisfied client wrote:
“The team of attorneys and staff at Rizk Law are sharp, caring, & extremely effective of executing successful strategies for personal injury cases. Their work speaks for itself.”
Call Rizk Law today or complete our contact form for a free consultation to learn how we will fight for the justice you deserve.