When you’re injured in a fall accident in Portland, more is involved than just recovering from your physical injuries. Under Oregon law, certain property owners, commercial enterprises and cities and towns are required to maintain their premises in a reasonable manner for the safety of the patrons. Failure to deal with concealed dangers can impact an individual’s life in both personal and work aspects.
Slip and fall cases are often swept under the carpet by insurance companies, but in fact these premises liability cases are complicated by the legal doctrines. To obtain fair compensation, it has to be done with expert knowledge of the Oregon tort law, as well as knowledge and application of local building codes and bold insurance defense practices. Having a competent Portland Slip and Fall Attorney on your side is invaluable in taking a painful accident and making it a viable claim for damages.
Oregon Premises Liability Law
Premises liability provides the rules about when a landowner or occupier may be liable for an injury that occurs on their property. In Portland, these types of cases are not based on whether or not an injury occurred instead, they are based on the proof of negligence.
Invitees: People who enter a real property for business-related activity, e.g. patrons to a Pearl District retail store, Downtown Portland restaurant patrons. The landlord’s responsibility on the premises to his invitees is special and he is responsible to have the premises inspected for dangerous conditions on a regular basis.
Licensees: Persons coming into a property for a non-commercial purpose. Owners should notify the licensee of any hidden hazards but usually will not be held liable for any undetected hazards.
Trespassers: People who come in on the property without permission. The least duty of care is owed to trespassers, but is not meant to intentionally put the person at risk.
Tackling Challenge Issues Related to the Weather and Comparative Fault
The environment of Portland poses some particular challenges to slip and fall claims. A characteristic of the Pacific Northwest is long stretches of rainy, icy conditions and wet leaves, which inevitably result in slippery sidewalks, parking lots and entrance ways.
Weather, of course, is often cited as a defense by insurance companies, as slip hazards are “open and obvious” and a fact of life in Oregon. One of the most common defenses they bring for devaluation of a claim is via the State’s modified comparative negligence doctrine.
Leveraging the Role of the Legal Counsel in the Strategic Claims Scene in Portland
A highly qualified personal injury lawyer can help level the playing field against corporate insurance adjusters and in favor of the injured party. Legal counsel plays a vital role in handling a number of crucial actions that are aimed at ensuring the integrity of a claim.
Quick Preservation of Critical Evidence
The evidence of a slip and fall accident can vanish in a matter of hours. Pits and spills are cleaned, broken stairs are promptly repaired and video from security cameras is periodically erased. A local attorney will draft a formal “spoliation letter” that can be sent to the property owner to legally require that all surveillance video, incident reports, employee logs and maintenance records be kept from the day of the incident.
Comprehensive Quantifying of Damages
The costs associated with a slip and fall accident go beyond the initial costs of an ER visit. The complications from severe falls include traumatic brain injuries, spinal injuries, complicated fractures and tears in soft tissue which may necessitate months of physical therapy or later surgery. A lawyer works with medical and economic specialists to precisely estimate life-long medical expenses, lost income and the intangible implications of pain and suffering.
Develop the Skills Necessary to Participate in Competent Negotiation and Litigation
Most premises liability injuries are settled via a formal settlement that is negotiated. But, insurance adjusters will much more likely be inclined to give a fair settlement to a company that has been in the courtroom fight game for quite a while. An experienced attorney will not be afraid to file a formal lawsuit in Multnomah County Circuit Court should the property owner of a corporation refuse to give an equitable settlement.
Qualities for an Advocate in Portland
While there’s a ton of cases in personal injury law, premises liability has a particular technical knowledge. When screening a potential law firm to work with on your slip & fall case, look for the following legal skills:
Portland Sidewalk Experience: Find a lawyer with local knowledge of Portland city ordinances about maintenance of sidewalks and commercial properties.
A Solid Evidentiary Network: Firms with a reputation for quality work have established ties with the architectural engineers, safety inspectors and medical experts that can provide evidence about code violations and how a fall occurred.
A Contingency Fee Model: Reliable personal injury lawyers work on a contingency fee basis, which means that you don’t pay any legal fees up front. They are paid on a straight contingency fee basis.
Maximizing the Impact of an Initial Legal Evaluation
In this case, it’s great to have as many documents as possible to put together prior to the very first consultation, to help with the building of your conditions.
- Recommended Consultation Checklist
- Pictures taken of the hazard that caused the fall from several angles.
- Photographs of the area around the injured with or without warning labels.
- Witnesses of the fall and/or the immediate aftermath of the fall: contact information.
- Date, time and place of the incident and weather notes.
- Medical discharge documentation and first treatment documentation.
The names of all employees/managers to whom the accident is officially reported.
Conclusion
Slip and fall incidents can take you, your health, your finances and your future for a ride. Negotiating with the sophisticated insurance companies, while at the same time dealing with the physical rehabilitation, is problematic for a victim. You will have a firm set of legal professionals supporting you and your rights are extremely well protected in Oregon’s premises liability law.
Time is very important in this regard. There are strict statutes of limitations in Oregon that specify how long after an injury you may have to wait to file a claim before the statute of limitations runs out.A statute of limitations is a law that dictates how long after an injury you must wait before you are barred from filing a claim. Oregon has strict laws governing the statute of limitations. Make sure you are covered under the law and discuss the details of your case with someone you can trust in your local area, click here for more info.