Slip and Fall
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Slip and Fall Lawyers in Portland, Oregon
Slip and fall accidents are ranked the most common cause of injuries in Oregon and the U.S. at large. These accidents can happen anywhere, including office buildings, sidewalks, shopping malls, restaurants, and even in your home. Slip and fall accidents can result from anything — a person’s own carelessness or another person’s negligence.
You are eligible for compensation if you sustain injuries due to tripping, slipping, or falling caused by another person’s negligence. Any injuries sustained during such accidents can be fatal and will need medical attention. The responsible party should be held accountable for damages. At Portland Legal Group, we have experienced slip-and-fall accident attorneys that will help prove your case. Get in touch with our team for legal advice as soon as possible.
Oregon Slip and Fall Law
The state of Oregon applies a comparative negligence law. With this law, if a person is 51% responsible for the slip and fall accident, you cannot receive any compensation from the building or property owner. It is the duty of the property owner to care for visitors. If, by any chance, their negligence leads to a slip and fall accident, the property owner will be held liable for damages. If you are a slip and fall accident victim in Oregon, you should know that several factors can affect your case. Two of Oregon’s most vital laws regarding slip and fall accidents are comparative negligence and statute of limitations.
- Comparative Negligence: In most Oregon slip and fall accident claims, the comparative negligence law comes into place. As mentioned earlier, Oregon laws state that a claimant can’t recover damages if they are 51% responsible for the slip and fall accident. To put it in perspective, if you are found to be 35% liable for the accident, you can receive 65% of the jury award.
- Statute of Limitations: Oregon, just like all the other states, has a statute of limitations on slip and fall accident claims. This refers to the amount of time within which you should file a lawsuit — if this time elapses, you will not be allowed to file the claim. In Oregon, the statute of limitations on slip and fall accidents is two years. Remember that they start counting from the day of the accident.
Locations Slip and Fall Accidents Tend To Occur
Most slip and fall accidents are caused by property owners failing to repair dangerous conditions that increase the chances of accidents. Property owners are responsible for warning people of dangerous areas in the building by putting up signs. Any potentially hazardous areas on the building that the owner knows about should be made public. Such accidents can happen in many places and for various reasons.
Here are some of the common locations where slip and fall accidents occur:
- Parking lots
- Escalators and elevators
- Job sites
- Bars and restaurants
What Are the Most Common Slip and Fall Injuries?
Slip and fall accidents can result in severe injuries that can be life-threatening. It is vital to seek medical attention immediately if you are involved in a slip and fall accident. The most common slip and fall injuries are:
- Broken bones
- Back injuries
- Traumatic brain injuries
- Neck and shoulder injuries
- Spinal cord injuries
What To Do After a Slip & Fall Accident In Portland
The steps you take after getting involved in a slip and fall accident have a huge influence on the course of your case. If you have sustained injuries in a Portland slip and fall accident in, our experienced personal injury attorneys advise you to take the following steps:
- Seek Medical Attention: No matter the little impact you might be feeling after the accident, you should seek medical attention. This is because some slip and fall injuries take up to weeks to start showing symptoms. By getting immediate medical attention, you ensure there is no further damage. You also prevent confusion about the cause of your injury — this is helpful in court.
- Report the Accident: Next, you should report the incident to the building owner, company manager, or landlord. Our slip and fall accident attorneys recommend that you get all the details of the accident in writing. If possible, obtain a copy of the written report. Provide only the manager, owner, or landlord with the necessary information. Don’t take the blame or blame anyone for the accident.
- Gather Evidence: Ensure that you get the contact information of all witnesses. Besides, take photos of the injuries you have suffered and the exact location of the accident. This should be done as soon as possible when the details are still fresh in your mind. Remember to write down everything you can remember about the incident.
- Contact an Attorney: If you want to pursue legal action against the property owner, get in touch with an experienced slip and fall attorney as soon as possible.
An attorney will help you navigate the case given the complexity of slip and fall claims. They have the experience and expertise required to help you navigate the claims process. At Portland Legal Group, we have a team of highly trained and skilled slip and fall accident attorneys ready to help you get justice.
Who Is Liable for Slip and Fall Accidents & Injuries?
It can be challenging to determine the at-fault party in a slip and fall accident. However, property owners can be held accountable for slip and fall injuries and accidents if you can prove that they:
- Knew about the risky or dangerous condition of their property but didn’t fix it.
- Should have known about the dangerous condition of their property and taken action by fixing it.
- Knowingly or unknowingly created the hazardous condition that resulted in the slip and fall accident.
When determining liability in a slip and fall accident, an Oregon court may consider:
- If the dangerous condition was a known problem for several months.
- The length of time the dangerous condition existed before the accident happened. Did the owner have enough time to fix it?
- Was the accident victim negligent or careless in any way that could have resulted in the accident?
- Did the owner take any appropriate or reasonable action to fix the dangerous condition?
If the court establishes that the landlord, property owner, or manager knew about the dangerous condition and failed to take reasonable action to repair it, they will be held responsible for the slip and fall accident and injuries.
What Is the Process of Filing a Slip and Fall Claim in Portland?
You have decided to seek compensation through legal action and hired an experienced personal injury attorney from Portland Legal Group, what next? Here are the steps taken when filing a slip and fall claim in Portland.
i) Investigate the Claim
The first step is investigating the claim. This ensures that we obtain all the necessary evidence that can help your case. The investigation will help determine:
- Whether you had permission to access the property or it was trespassing.
- Who was in charge of the property at the time of the slip and fall accident?
- If the property has dangerous conditions.
- If the property owner or manager knew about the dangerous conditions.
- Whether the bad condition resulted in the accident that caused your injuries.
ii) Dealing With the Insurance Company
The next step involves filing a claim through the property owner’s insurance company. As your legal team, we will take care of all the legal processes and communication so that you can focus on recovery.
iii) Filing a Lawsuit
The last step is filing a lawsuit. If our negotiations with the other party fail to reach a reasonable and fair settlement, we can consider filing a slip and fall accident lawsuit. Even though most of the settlements involving such accidents happen outside the courtroom, we are always prepared should the case go to trial.
Why Do I Need Portland Slip and Fall Lawyers?
If you have sustained injuries in a Portland slip and fall accident, you should hire a lawyer with sufficient experience in handling such cases. A car accident attorney or bicyclist accident lawyer might not have the same level of experience as an attorney specialized in handling slip and fall accidents.
Keep in mind that Oregon has a statute of limitations on slip and fall claims, so you should get started as soon as possible. Our slip and fall injury attorney will help you get compensated for the damages you have suffered. Get in touch with us today to schedule a free consultation appointment with the best slip and fall attorney in Portland.
How Do You Win a Slip and Fall Case?
Your attorney must prove that the landlord, property owner, or manager was negligent and their negligence resulted in the accident that caused your injuries.
Do I Need a Slip and Fall Attorney?
You need a Portland slip and fall attorney if you were involved in a slip and fall accident. Such claims can be complex, and providing negligence requires the help of a professional. With an attorney, you have the best chances of winning.
How Are Slip and Fall Settlements Calculated?
Factors that determine the amount of a slip and fall settlement include:
- Pain and suffering
- Medical bills
- Lost wages
- Cost of future care