Oregon Slip and Fall Attorney

Premises Liability 

A slip and fall is considered a premises liability claim which falls under the personal injury claim category. As the name suggests, this type of personal injury claim happens when someone slips, falls, or trips, inflicting physical and emotional injuries. Injuries sustained on someone else’s property can leave long-term effects. If you’ve been hurt on someone else’s property because the owner failed to maintain it safely, you may have a claim based on premises liability. 

To hold a person or business responsible for damages involved with your injuries, you need to be able to prove that the property owner was aware of the dangerous condition that caused the injury. In addition, the landlord or property owner is responsible for both properly fixing the sub-par conditions and warning people on their premises of the hazard so it can be avoided. Based on the purpose of a person’s visit, property owners are expected to offer different degrees of precautions to those entering their premises.

For example, people entering any form of establishment such as a department store or restaurant for a commercial purpose are owed the highest care because they are invitees. Owners of this type of establishment must check for dangerous or unsafe conditions on a regular basis. People entering an establishment for social reasons are licensees and are owed a lesser degree of care. Licensees may include friends stopping by for dinner. Owners dealing with licensees are required to be certain their property is reasonably safe. The next step is to warn others of any known dangers, and repair them accordingly.

What Action Do I take If I’ve Been Injured in a Slip and Fall?

If you’ve been harmed in a slip and fall accident, there are some steps you can follow to protect evidence for your claim. 

1. Notify the property owner that you’ve been injured. If you get hurt on commercial property, report the accident to the highest-ranking person in charge. If your accident takes place on public property, report the incident to the city or town where it occurred. 

2. Get the names and contact information of any witnesses. Witnesses can be critical in a slip and fall case. 

3. Immediately following the accident take as many pictures as possible of the dangerous conditions that caused the accident. 

4. Promptly seek the medical attention you require to address your injury, taking care to heed and follow the treatments given. 5. Explain the details of how you got hurt to your healthcare providers. Medical records can play a valuable role in lawsuits. 

6. Fill out accident report forms accurately. 

7. Resume life and activity as normal. Be certain to comply with any doctor's orders while your injury heals.

Proving You Didn’t Cause the Accident Yourself 

In order to determine whether or not the plaintiff might have played some part in causing their injuries, there are a few things to consider:

● Were safety measures ignored or not utilized by the plaintiff? Were visible warning signs posted? 

● Did the plaintiff have legal access to the location where the slip and fall accident happened? Was there a legitimate reason the plaintiff was in the dangerous or unsafe area? 

● Was the plaintiff engaged in any activity that may have prevented them from noticing the dangerous conditions? For example, were they texting which distracted them from noticing the hazard?

Cost and Fees

Typically, attorney fees are 33 ⅓ percent of the amount that is recovered in a claim if the case has been resolved more than two weeks before trial. The fee amount raises to 40 percent of your recovery if your claim is resolved within 2 weeks of trial or at the time of trial itself. With that said, the attorney fees in a slip and fall claim are contingent, meaning you won’t owe anything unless you received a compensation recovery. 

A thorough attorney will typically incur some expenses and costs associated with an investigation. These costs aren’t attorney fees but may be necessary to obtain the evidence and proof to properly prepare your case. Some of these out-of-pocket costs may include court filing fees, mediation fees, arbitration and trial fees, medical record duplication fees, expert witness fees, and more. The client, by law, is required to pay for these fees unless they are financially unable. 

Oregon Slip and Fall Attorney: Get the Compensation You Deserve 

At Powell Law, we have years of experience working with various types of personal injury claims. We will examine every detail of your accident and fight to get you the proper compensation you deserve.

Damages You Might Be Entitled To: 

After a slip and fall accident in Oregon, you may be entitled to various types of damages depending on the circumstances of your case. These damages are intended to compensate you for the physical, financial, and emotional harm you have suffered as a result of the accident. Some of the damages you may be entitled to include: 

Medical expenses

You may be able to recover damages for the medical costs associated with your slip and fall injuries, such as emergency room visits, hospitalization, surgery, medication, and rehabilitation. 

Lost income

If your injuries prevent you from working, you may be able to recover compensation for lost wages or income. This includes both the income you have already lost and the income you would have earned in the future had the accident not occurred. 

Pain and suffering

Slip and fall accidents can cause significant physical pain and emotional distress. You may be compensated for your pain and suffering, which includes both the physical and emotional aspects of your injuries. 

Property damage

If any of your personal property was damaged in the slip and fall accident, you may receive damages for the cost of repairing or replacing it. 

Loss of enjoyment of life

When your injuries prevent you from engaging in activities that you enjoy, you may be entitled to compensation for the loss of enjoyment of life. 

Punitive damages

In rare cases, you may be able to recover punitive damages if the defendant's conduct was particularly egregious or intentional.

Where do People Slip and Fall the Most? 

There are many places in Oregon where slip and fall accidents are more likely to occur. Some of the most common locations include: 

1. Parking lots and sidewalks: Slips and falls often happen in parking lots and sidewalks, especially when they are covered in ice or snow during the winter months. A person could easily slip and fall on a patch of ice while walking from their car to a store entrance, or trip over a crack in the sidewalk. 

2. Grocery stores: Grocery stores can be hazardous for shoppers, as spills or leaks in the aisles can create slippery surfaces. A person could slip and fall on a spilled liquid in the produce section, or on a wet floor near the entrance on a rainy day. 

3. Restaurants: Restaurants can be another common location for slip and fall accidents, particularly in areas where food and drinks are served. A server could spill a drink on the floor, causing a customer to slip and fall, or a customer could trip over an uneven surface in a dining area. 

4. Hotels and resorts: Slip and fall accidents can also occur in hotels and resorts, especially in areas such as swimming pools, spas, and common areas. For example, a person could slip on a wet pool deck or trip on a loose tile in a hallway.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.