Oregon property owners owe a duty of care to customers, guests, patrons, and anyone else invited onto the property. This duty of care includes ensuring that the premises are safe and free from hazardous conditions. When there is a danger present, the property owner should remove it or post clear and visible signs to inform guests. Failing to do so may result in liability if someone is injured as a result.
If you slipped and fell due to dangerous conditions on someone else’s property, you should contact a personal injury lawyer as soon as possible, as the owner may be liable if your injuries were caused by negligence. At Harris Velázquez Gibbens, we can:
- Review your case
- Help you determine whether you have grounds for seeking medical bills, lost wages, pain and suffering, and other losses
- Fight for the settlement or verdict you need to support your recovery
To learn more and get your claim started, schedule a free consultation with a Hillsboro slip and fall lawyer at our personal injury law firm.
Why Hire Harris Velázquez Gibbens, PC for Your Slip and Fall Claim?
At Harris Velázquez Gibbens, our personal injury attorneys have spent years representing clients who have suffered an injury or loss due to someone else’s negligence. We provide individual attention and loyal service to every client and fight aggressively for their right to full and fair compensation.
Other advantages include:
- Strong Background in Premises Liability Law: Our lawyers are thoroughly familiar with Oregon’s premises liability law, which governs slip and fall claims. They understand the legal standards and requirements, including the duty of care property owners owe to visitors and how to prove a breach of this duty.
- Skill in Assessing and Proving Liability: Proving liability in a slip and fall case means showing that the property owner was negligent. Our firm has the skills and resources to investigate the incident, gather evidence, and build a strong argument that the property owner failed to maintain a safe environment.
- Assistance with Damage Evaluation: Calculating the damages in a slip and fall case, like medical expenses, lost wages, and pain and suffering, can be challenging. We can help ensure that you’re seeking an appropriate amount of compensation.
- Negotiation Skills: Many slip and fall claims are settled out of court. We will fight to ensure that you receive a fair settlement.
- Representation in Court: If your case goes to trial, you deserve to be represented by experienced attorneys who know how to argue your case in front of a judge and jury. Our slip and fall lawyers are highly skilled in trial advocacy.
- Support and Advocacy: Dealing with the aftermath of a slip and fall can be stressful. A dedicated law firm can offer support and advocacy, helping to alleviate some of the stress involved in pursuing legal action.
We always strive for a just outcome, whether we are in settlement negotiations or pursuing a favorable trial verdict. We will handle the legal work while you focus on healing and getting your life back, so please call our Hillsboro office today to learn more about what we can do for you.
Oregon Premises Liability Law Explained
Slip and fall accidents are covered under Oregon premises liability law, which holds property owners and occupiers responsible for maintaining a safe environment for people who visit their property. If they fail to do so and someone is injured as a result, the injured person may have a compensation claim.
Under Oregon law, the duty a property owner owes to a visitor depends on the visitor’s status:
- Invitees: These are people invited to the property for business reasons, like customers in a store. Property owners owe them the highest duty of care, which includes regularly inspecting the property for hazards and fixing any dangerous conditions.
- Licensees: These are social guests. Property owners must warn them of any known dangers that the guests are unlikely to discover on their own.
- Trespassers: Generally, property owners owe the least duty of care to trespassers, except for not causing them intentional harm.
Whether you are an invitee, a licensee, or even a trespasser, the law has distinct provisions that govern your rights and the responsibilities of property owners. If you have been injured in a slip and fall accident, it’s important to recognize where you stand in these categories, as this will significantly influence your compensation claim. Property owners have a legal obligation to ensure safety on their premises, and failing to meet these obligations can make them liable for any injuries sustained.
Common Slip and Fall Injuries
According to the National Safety Council, slip and fall accidents result in millions of visits to a U.S. emergency room each year. Common slip and fall injuries can vary in severity, ranging from minor bruises to more serious conditions. Here are some typical injuries people often sustain in these accidents:
- Bruises and Cuts: These are among the most common injuries. While they may be minor, they can sometimes lead to more significant complications, especially if they become infected.
- Sprains and Strains: Falling awkwardly can result in sprains or strains, particularly in the ankles, wrists, and knees. These injuries involve damage to ligaments or muscles and can be quite painful.
- Broken Bones: Falls can often lead to fractures, especially in the wrists, arms, ankles, and hips. Older adults are particularly susceptible to breaking bones in a fall due to weaker bones.
- Head Injuries: Hitting the head during a fall can result in concussions or more severe traumatic brain injuries. These injuries can be serious and require immediate medical attention.
- Back and Spinal Cord Injuries: A fall can cause herniated discs, fractured vertebrae, or even spinal cord damage, which can lead to long-term pain or disability.
- Shoulder Injuries: Falling can lead to shoulder dislocations or a type of injury known as a brachial plexus injury, which can be both painful and debilitating.
- Hip Fractures: This is a particularly serious injury often seen in older adults who fall. Hip fractures often require surgery and can lead to long-term health issues.
In addition, these accidents cause an average of 25,000 deaths per year, making them the second most common cause of unintentional death. If you lose a loved one in a slip and fall accident, you may be able to file a wrongful claim for the deceased. An experienced wrongful death lawyer in Hillsboro, OR can assist you during this difficult time.
It’s important to note that the impact of a slip and fall can vary greatly depending on several factors, such as the height of the fall and the surface landed on. Regardless of the perceived severity, it’s advisable to seek medical attention after a fall to properly assess and treat any injuries.
How Do Slip & Fall Accidents Happen?
Unfortunately, many property owners do not take the necessary precautions to prevent accidents. Every year, thousands of people suffer painful and long-lasting slip and fall injuries because the owner or manager of a premises did not make it reasonably safe for legitimate guests and invitees.
Common examples of slip and fall accidents include:
- Wet Floors: This is one of the most common causes and often occurs in grocery stores, restaurants, and office buildings. Spills or recently mopped floors can be very slippery if not properly marked.
- Uneven Surfaces: Uneven flooring, such as cracked sidewalks or potholes in parking lots, can cause people to trip and fall.
- Cluttered Floors: Objects left on the floor, like cords, boxes, or other debris, can easily trip someone.
- Poor Lighting: Insufficient lighting in hallways or stairwells can prevent people from seeing obstacles or changes in the walking surface.
- Icy or Snowy Walkways: In colder weather, ice and snow can accumulate outside buildings, creating slippery conditions.
- Loose or Torn Carpeting: Carpets that are not properly secured or that are torn can be a tripping hazard.
All of these hazards put guests, customers, tenants, and others at serious risk. If you were injured due to dangerous conditions like the above, you may have an injury claim against the owner.
How Do You Prove Negligence in a Slip and Fall Claim?
A successful slip and fall claim requires you to prove that the property owner was liable for your injuries. You can do this by:
- Establishing Duty of Care: This means showing that the property owner had a responsibility to keep their property safe for people who had a legal reason to be there, like customers or guests.
- Showing Knowledge of the Hazard: This involves proving that the property owner knew or should have known about the dangerous condition on their property, such as a wet floor or broken staircase.
- Proving Failure to Fix or Warn About the Hazard: This step is about showing that the property owner didn’t do anything to fix the hazard or didn’t warn people about it in time, which led to the accident.
- Linking the Hazard to the Injury: Here, the focus is on proving that the slip and fall accident, and therefore your injuries, were directly caused by the dangerous condition on the property.
Additionally, you need to demonstrate that you were being careful and that you didn’t contribute to the accident by being careless or ignoring an obvious hazard.
Our Hillsboro slip and fall lawyers can investigate your claim and determine whether the property owner’s negligence caused or contributed to your injuries. Harris Velázquez Gibbens represents individuals injured in accidents caused by dangerous conditions on public and private properties, such as homes, apartment buildings, offices, retail stores, and government sites.
Average Slip and Fall Settlement Amounts in Hillsboro
Each slip and fall case is unique, so there is no standard amount of compensation that is awarded to victims. How much you receive in your settlement will depend on a variety of factors, including the nature and extent of injuries, your age and health, and how the injuries are expected to impact your life moving forward.
In general, you may be able to claim damages like the following:
- Past, present, and future medical bills
- Lost wages
- Lost or decreased earning ability
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of consortium (for married victims)
Your final settlement or award may also be affected by Oregon’s comparative negligence law, which states that you cannot recover compensation if your degree of responsibility for a slip and fall accident is 51% or more. If your share of fault is 50% or less, you can still collect damages, but they would be reduced accordingly.
For example, if you are awarded $25,000 but the court determines you were 40% responsible for your injuries because you didn’t look where you were going, you would only receive $15,000, or 60% of your damages.
Insurers often try to reduce the compensation they need to pay (or avoid the responsibility entirely) by claiming that the victim’s degree of fault is higher than it really is. A Hillsboro slip and fall lawyer will protect your rights and seek to block any attempts to deny you the compensation you deserve.
FAQs
What Should I Do After a Slip and Fall Accident?
To receive compensation for injuries sustained in a slip and fall accident, you need to be able to prove what happened, so that the property owner’s liability can be determined. These steps can help you build your premises liability case:
- Take pictures of the accident site. Be sure to include the hazard that caused you to slip, such as an unmopped spill.
- Inform the property owner or manager of the accident. Too often, slip and fall accident victims skip it, which can seriously undermine their case. A report will create the paper trail that your attorney will need to prove that your injuries were caused by the accident.
- Identify any eyewitnesses and collect their contact information.
- Seek medical attention for your injuries. If necessary, call 911 and request an ambulance. If you don’t think you’ve been seriously hurt, get checked by your doctor as soon as possible anyway, as adrenaline and shock can mask the symptoms of potentially serious injuries.
- Contact a Hillsboro slip and fall lawyer. Despite what you may believe after speaking with an adjuster, the insurance company is not your friend. They may even try to use your statement against you or offer you a low settlement. Get legal representation to ensure your rights are protected.
When Should I Hire a Hillsboro Slip and Fall Lawyer?
Slip and fall cases can be complicated and involve a variety of legal constraints, including a statute of limitations, which limits the amount of time you have to file a lawsuit, so the sooner you contact an attorney, the better.
Hiring a lawyer promptly ensures that your claim is filed within this critical timeframe. An experienced Hillsboro slip and fall lawyer will handle not just the filing of your claim, but also the negotiation with insurance companies, which can be difficult for recovering victims to navigate on their own. They will also gather the necessary evidence to prove your case, such as surveillance footage, witness statements, and accident reports, and pursue your case in court if necessary.
Having a lawyer by your side also means having professional legal advice and support throughout the process, which can be invaluable during such a stressful and challenging time. In summary, the sooner you get a lawyer involved in your slip and fall case, the better your chances of securing the compensation you’re entitled to.
My Child Was Injured. How Does Oregon Premises Liability Law Apply to Children?
In Oregon, premises liability law has specific considerations when it comes to children. Here’s a basic overview of how it applies:
- Higher Duty of Care for Children: Property owners in Oregon may have a higher duty of care toward children, especially if they can reasonably expect children to be on their property. This is often the case for areas like parks, schools, or residential neighborhoods.
- Attractive Nuisance Doctrine: This legal concept applies when a property has a feature that is likely to attract children, like a swimming pool, trampoline, or construction site. In such cases, property owners might be required to take extra precautions to prevent children from being harmed, even if the children are trespassing.
- Foreseeable Risk of Harm: If a property owner knows or should know that there is a condition on their property that poses a risk to children, they are expected to take steps to reduce or eliminate that risk. This could mean fixing a hazard, putting up a fence, or providing adequate warnings.
In cases where a child is injured on someone else’s property, it’s important to consult with a lawyer with a solid track record in personal injury or premises liability law. They can help assess the specifics of the case, including the duty of care owed by the property owner and any other factors that might affect the claim.
How Much Does a Slip and Fall Lawyer Cost?
Most Hillsboro slip and fall lawyers operate on a contingency fee basis. Here’s what that means:
- No Upfront Costs: When a lawyer works on contingency, it means you don’t have to pay any upfront fees when you hire them. This can be helpful if you’re worried about affording legal help.
- Percentage of the Settlement or Award: Instead of charging hourly rates or a flat fee, a slip and fall lawyer who works on contingency will take a percentage of the money you win in your case, whether it’s through a settlement or a court award. The exact percentage should be clearly stated in the agreement you sign with your lawyer.
- Payment Only If You Win: The key part of a contingency fee is that the lawyer only gets paid if you win your case or settle it. If you don’t win any money, the lawyer doesn’t get paid.
It’s important to read the contingency fee agreement before signing it. It should lay out how the fee works, what percentage the lawyer will take, and how other costs will be handled. Make sure to discuss all the details and understand the agreement before you commit.
Get a Free Consultation From a Hillsboro Slip and Fall Lawyer
You or someone you know has experienced a slip and fall accident in Hillsboro, it’s important to take action promptly. Our experienced Hillsboro slip and fall lawyers are here to guide you through every step of the process. We can evaluate your premises liability claim against the property owner, investigate the accident, and demand maximum compensation for you. If the insurance company fails to make a reasonable offer, we have the skill, experience, and dedication to pursue favorable results in court.
If you have serious injuries from a slip and fall accident, the personal injury attorneys at Harris Velázquez Gibbens can help you get your life back as much as possible. We can evaluate your premises liability claim against the property owner, promptly investigate the accident, and demand maximum compensation for you. To schedule a no-obligation consultation, call 503-610-4398 or contact us online.
Get a Free Consultation From a Hillsboro Slip and Fall Lawyer
If you have serious injuries from a slip and fall accident, the personal injury attorneys at Harris Velázquez Gibbens can help you get your life back as much as possible. We can evaluate your premises liability claim against the property owner, promptly investigate the accident, and demand maximum compensation for you. To schedule a no-obligation consultation, call 503-610-4398 or contact us online.