Property owners in Hillsboro have a legal responsibility to keep their premises reasonably safe for visitors. When they fail to fix hazards, provide warnings, or properly maintain their property, serious injuries can occur. Premises liability law allows injured individuals to hold negligent property owners accountable when unsafe conditions lead to harm.
An injury caused by unsafe property conditions can lead to high medical bills, lost income, lasting physical pain, and other economic and non-economic losses. If you’ve recently been injured due to a hazardous condition on someone else’s property, you may have grounds to file a personal injury claim to recover these damages.
At Harris Velázquez Gibbens, our Hillsboro premises liability lawyers help our clients seek the compensation they deserve for injuries caused by negligent property owners. Call us today at (503) 483-8644 to learn more about your legal options in a free consultation.
What Is Premises Liability Under Oregon Law?
Premises liability is an area of personal injury law that allows property owners and occupiers to be held liable for injuries caused by dangerous conditions on their property. Under Oregon law, property owners have a duty to take reasonable steps to maintain their premises and protect guests from foreseeable hazards. When they fail to do so, and someone is injured as a result, the injured person may have grounds for a premises liability claim.
Premises liability cases are based on negligence. To file a successful claim, an injured person must show that a dangerous condition existed, the property owner knew or should have known about it, and the property owner failed to take reasonable action to repair the hazard or warn visitors.
Oregon also follows a modified comparative negligence rule under ORS 31.600, which states that an injured person may still seek compensation as long as they were less than 51 percent at fault for the accident. However, any amount awarded will be reduced by the percentage of fault.
Types of Visitors and Legal Duties Owed
Oregon premises liability law recognizes that a property owner’s legal responsibility partly depends on the injured person’s status at the time of the accident. Courts generally classify visitors into the following three main categories, each of which carries a different duty of care.
Invitees
Invitees are individuals who are invited onto a property for a business or commercial purpose, such as customers in a store, tenants in an apartment complex, or patrons at a restaurant. Property owners owe invitees the highest duty of care under premises liability law. This includes regularly inspecting the property for hazards, quickly addressing any hazards found, and warning invitees about risks that cannot be immediately repaired.
Licensees
Licensees are social guests or others who visit a property for non-commercial reasons, such as friends or family members visiting a private residence. Property owners must warn licensees of known hazards that may not be obvious, but are not typically required to inspect the property as extensively as they would for invitees. If a homeowner is aware of a dangerous condition and fails to disclose it, they may be liable for resulting injuries.
Trespassers
Trespassers are individuals who enter a property without permission. In most cases, property owners owe only a limited duty of care to trespassers and are generally only required to avoid willful or reckless conduct that could cause harm. However, exceptions may apply, especially in cases involving children and “attractive nuisances”, such as an unfenced pool.
Common Premises Liability Accidents in Hillsboro
Premises liability accidents can happen in a variety of everyday settings, often due to property owners failing to address hazards or take reasonable safety precautions. Here are some of the most common types of accidents our Hillsboro premises liability lawyers have seen in our cases.
Slip and Fall Accidents
Certain types of hazards put guests at risk of slip and fall accidents, which can cause serious injuries like broken bones or traumatic brain injuries. Some of the most common slip and fall hazards include:
- Wet or freshly mopped floors
- Spilled liquids
- Icy walkways
- Uneven pavement
- Inadequate lighting
When property owners fail to promptly address any of these hazards or provide proper warnings, they may be held liable for resulting injuries.
Trip and Fall Hazards
Property guests can easily trip and fall due to hazards like loose carpeting, cracked sidewalks, broken steps, or cluttered walkways. These accidents can be especially harmful to older adults, but they can also cause serious injuries to people of any age.
Negligent Security Incidents
Property owners may be held liable for injuries caused by criminal acts if the crime was enabled by inadequate security measures. Common security failures include poor lighting, broken locks, a lack of security guards, or failure to address prior criminal activity. Negligent security claims are common at hotels, parking garages, entertainment venues, and apartment complexes.
Falling Objects and Structural Hazards
Injuries can also occur when objects fall from shelves, ceilings, or construction areas, or when railings, balconies, or other structures fall. These incidents are often preventable with proper maintenance. In some cases, inspections may indicate that the accident was caused by the property owner’s negligence.
Dog Bites and Animal Attacks
Dog bites and other animal attacks can also result in premises liability claims. Property owners and dog owners may be held responsible when they fail to control animals or warn visitors of known dangers, including when attacks occur on private property or in common areas.
Where Premises Liability Injuries Primarily Occur
Premises liability accidents regularly happen in a wide range of locations throughout Hillsboro.
Retail Stores and Grocery Stores
Store owners and operators are expected to conduct regular inspections and take quick action to correct or warn about hazards that could injure customers. Dangers like spills, slippery floors, cluttered aisles, and poorly maintained entrances can quickly become dangerous if not addressed.
Apartment Complexes
Injuries often occur in the common areas of apartment complexes, such as stairwells, hallways, parking lots, and shared amenities. Landlords and property managers are responsible for maintaining these areas and making timely repairs. Failure to do so can lead to liability when tenants or guests get injured as a result.
Hotels
Hotels, motels, and short-term rental properties have a duty to provide reasonably safe conditions for guests. Premises liability claims in these settings often involve hazards like unsafe walkways, poorly maintained rooms, broken railings, or inadequate security.
Parking Lots and Garages
Parking lots and garages are frequent sites of slip or trip and fall accidents and even violent crime. Dangers like poor lighting, uneven surfaces, broken stairways, and a lack of security measures can all contribute to serious injuries. Property owners must take reasonable steps to maintain these areas and address known dangers.
Government and Public Property
Premises liability injuries can also occur on government-owned property, including public buildings, sidewalks, and parks. Claims against cities, counties, or state agencies are governed by ORS 30.275, which requires injured individuals to provide written notice of the claim, typically within 180 days of the injury.
Injuries Commonly Caused by Unsafe Property Conditions
Premises liability accidents can result in a variety of injuries, from painful but temporary conditions to fatal injuries.
Head Injuries and Traumatic Brain Injuries
Slip and fall accidents often result in head injuries when the victim strikes their head on a hard floor, curb, or another hard surface. This can lead to traumatic brain injuries and other serious injuries that require ongoing medical treatment or rehabilitation.
Broken Bones and Fractures
Fractures to the wrists, arms, ankles, hips, and ribs are common when a person attempts to break a fall or lands awkwardly. Broken bones may require surgery, physical therapy, and extended time away from work.
Back, Neck, and Spinal Injuries
Falls can cause serious injuries to the back and spine, including herniated discs, nerve damage, and spinal cord trauma. These injuries can result in chronic pain, reduced mobility, and long-term disability. All of these conditions can significantly affect daily activities and may prevent the victim from returning to work.
Soft Tissue Injuries
Soft tissue injuries like sprains, strains, and torn ligaments are also common but often underestimated, as they don’t always show symptoms right away. These injuries can cause ongoing pain, swelling, and a limited range of motion, sometimes lasting for months or longer.
Permanent and Life-Altering Injuries
In severe cases, unsafe property conditions can lead to permanent disabilities or lasting impairments that affect a person’s independence and quality of life. These injuries often require extensive medical care and may require compensation that accounts for the long-term physical, emotional, and financial consequences.
Proving a Premises Liability Claim in Oregon
To succeed in a premises liability claim, an injured person must show that a dangerous condition existed on the property, that the owner or occupier failed to take reasonable steps to address it, and that this dangerous condition directly led to an injury and related damages.
This typically involves proving that the property owner knew, or should have known, about the hazard through regular inspections or prior complaints.
Evidence such as photographs, surveillance footage, maintenance records, and witness statements can be used to establish liability under Oregon law.
Discuss Your Claim With a Hillsboro Premises Liability Lawyer
If you were injured due to unsafe conditions on someone else’s property, you may have grounds for a premises liability claim. The Hillsboro premises liability lawyers at Harris Velázquez Gibbens are prepared to help you pursue fair compensation for medical bills, lost wages, pain and suffering, and other damages. Contact our Hillsboro personal injury law office today at (503) 483-8644 to schedule a free consultation and discuss your legal options.
