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Portland Premises Liability Attorney

Working Tirelessly to Protect Your Rights

When you suffer an injury on someone else's property due to lack of care or unsafe conditions, you may have grounds for a premises liability case. Whether you’ve been in a slip-and-fall accident, suffered injuries from inadequate security, or ran into other dangerous conditions, you need a lawyer with experience in premises liability lawsuits.

At Siefman Law LLC, our Portland premises liability lawyers understand the challenges you face. We’re committed to helping injured victims seek fair compensation after slip and fall accidents. We offer a free consultation to evaluate your case and discuss your legal options. Contact us today for a free consultation.

How Premises Liability Works

Property owners have an obligation to keep visitors, guests, and customers from unreasonable dangers on their properties. When they fail to do so, and someone suffers fall-related injuries, this person has the right to hold them accountable under Oregon law.

This responsibility includes maintaining a safe environment, warning visitors of potential hazards, and taking reasonable steps to prevent accidents. When property owners fail these duties, they can be held liable for any injuries that happen as a result.

Whether it’s a commercial establishment, a rental property, or a private residence, property owners must make sure that their premises are free from defects or conditions that could cause harm.

Duty to Inspect and Maintain Property

To fulfill their duty of care, property owners must regularly inspect and maintain their property. This involves carrying out routine checks for potential hazards, such as loose floorboards, wet surfaces, or faulty electrical wiring.

When issues are identified, property owners must address them to prevent accidents. Regular maintenance and repairs are essential to ensuring the well-being of visitors and minimizing the risk of premises liability claims.

Compensation for Oregon Premises Liability Injury

If you’re injured in a premises liability accident, you could potentially recover a significant amount for your injuries. Among other things, you potentially claim compensation for:

Medical Bills

Medical expenses often form a substantial part of premises liability claims, including:

  • Emergency room visits and ambulance fees
  • Hospital stays and surgical procedures
  • Diagnostic tests such as X-rays, MRIs, and CT scans
  • Prescription medications
  • Physical therapy and rehabilitation
  • Assistive devices like crutches, wheelchairs, or prosthetics
  • Future medical care related to your injury

It's important to keep detailed records of all medical treatments and costs to ensure you're fully compensated for these expenses.

Lost Wages and Reduced Earning Capacity

When an injury from a premises liability accident prevents you from working, you may be entitled to compensation for:

  • Wages lost during your recovery period
  • Bonuses, commissions, or other job benefits you missed out
  • Reduced earning capacity if your injury affects your ability to perform your job long-term
  • Potential future earnings if you're unable to return to your previous occupation

Our attorneys work with economic experts to calculate these losses accurately, considering factors like your age, occupation, and career trajectory.

Physical Pain and Suffering

Compensation for pain and suffering goes beyond mere medical expenses. It accounts for:

  • The actual physical pain endured due to your injuries
  • Ongoing discomfort or chronic pain resulting from the accident
  • Limitations or disabilities caused by the injury
  • Scarring or disfigurement

While it's challenging to put a dollar value on pain, experienced premises liability attorneys use different methods to quantify these damages and ensure you're fairly compensated.

Diminished Quality of Life and Psychological Pain

Premises liability accidents can have long-lasting effects on your quality of life. This category of damages may include:

  • Emotional distress, such as depression, anxiety, or PTSD related to the accident
  • Loss of enjoyment in activity victims once found pleasurable
  • The strain on personal relationships
  • Sleep disturbances and other psychological effects
  • Loss of consortium (compensation in wrongful death cases)

These non-economic damages often require careful documentation and expert testimony to substantiate.

Common Hazards That Can Lead to a Premises Liability Injury

Property owners should take care to watch for common hazards that could lead to someone being injured on the premises, such as:

Spilled liquids on the floor – Water and other liquids can all make a floor dangerous to walk on, leading to a slip-and-fall accident and substantial injuries.

Loose cords and electrical wires – A loose cord can be a tripping hazard, especially if it’s in an area where someone may not know to look for an electrical cable.

Poorly maintained sidewalks – Broken, uneven sidewalks are one of the most common sites of slip-and-fall accidents. Additionally, property owners should make sure rain, snow, and other precipitation are dealt with to make sure no one slips and injures themselves.

Swimming pools – An unguarded swimming pool can lead to accidental drownings if property owners and guests aren’t careful. Water from swimming pools can also end up coating the surface around pools, turning wet floors into a slipping hazard.

Inadequate security – Rental property owners should make sure all entrances and exits to the property have working locks and are monitored by security guards. Otherwise, tenants and guests can be hurt.

Worn or broken handrails – A worn handrail can break if someone tries to grab it as they’re slipping or falling, leading to an injury. In multi-story buildings, someone may break through a damaged handrail and fall, leading to a serious injury.

Injuries occurring due to a property owner's negligence can lead to premises liability claims.

Establishing Fault in Oregon Premises Liability Claims

One of the key steps in personal injury cases is establishing why the property owner or manager should be held responsible for the injuries you’ve suffered. The level of care owed to you by a property owner depends on why you were on their property and what type of guest you are:

Business invitees – Property owners owe a duty of care to anyone on their property for a commercial purpose. This includes restaurant patrons, anyone visiting a store to buy something, anyone using a gym, amusement park guests, and so on.

In the case of business invitees, property owners must protect them from hazards or provide adequate warning to make sure invitees can avoid the hazards on the property.

Licensees – Property owners owe a duty of care to licensees — someone on a property with the owner’s permission, though not necessarily for a business purpose. A common example of a licensee is someone invited to another person’s home for a party.

Trespassers – A trespasser is anyone on someone’s property illegally or without permission. Property owners owe a minimal duty of care to trespassers and can be held liable for intentional injuries to the trespasser.

Attractive Nuisance Doctrine (for children): If a property contains something that is likely to attract children (like a pool or abandoned equipment), the owner may be liable for injuries to a child, even if the child is trespassing.

Common Types of Premises Liability Injuries

Some of the injuries that can occur from a slip-and-fall or other type of negligent security include:

The Premises Liability Claims Process

If you have been injured in a premises liability accident, you may be liable for compensation. Premises liability claims typically involve filing a claim with the property owner’s insurance company and negotiating a settlement.

The proof that the property owner failed to maintain a safe environment is key to the success of a claim. This process requires a good understanding of the legal requirements and evidence needed to support your lawsuit. Our Portland premises liability lawyers can help with each step, seeing that you receive fair compensation for your injuries.

Common Hazards That Could Lead to a Premises Liability Injury

Property owners should take care to watch for common hazards that could lead to someone being injured on the premises, such as:

  • Spilled liquids and other substances on the floor – Water, other drinks, and certain slick substances can all make a floor dangerous to walk on, leading to a slip-and-fall accident and substantial injuries.
  • Loose cords and electrical wires – A loose cord can be a tripping hazard, especially if it’s in an area where someone may not know to look for an electrical cable.
  • Poorly maintained sidewalks – Broken, uneven sidewalks are one of the most common sites of slip-and-fall accidents. Additionally, property owners should make sure rain, snow, and other precipitation is dealt with in a timely manner to make sure no one slips and injures themself.
  • Swimming pools – Unguarded swimming pools can lead to accidental drownings if property owners and guests aren’t careful. Water from swimming pools can also end up coating the surface around the pool itself, creating a slipping hazard.
  • Inadequate security – Rental property owners should make sure all entrances and exits to the property have working locks and are adequately monitored, otherwise tenants and guests can be injured by trespassers.
  • Worn or broken handrails – A worn handrail can break if someone tries to grab it as they’re slipping or falling, leading to an injury. In multi-story buildings, someone may break through a worn handrail and fall, leading to a serious injury.

The Premises Liability Claims Process

If you have been injured in a premises liability accident, you may be liable for compensation. Premises liability claims typically involve filing a claim with the property owner’s insurance company and negotiating a settlement.

The proof that the property owner failed to maintain a safe environment is key to the success of a claim. This process requires a good understanding of the legal requirements and evidence needed to support your lawsuit. Our Portland premises liability lawyers can help with each step, seeing that you receive fair compensation for your injuries.

Contact Us for a Free Consultation

Injured on someone else's property? Don't face the legal process alone. Our experienced Portland premises liability lawyers are here to help you seek financial compensation.

We offer a free case evaluation with no obligation. Don't let concerns about legal fees hold you back. Contact us today to schedule your free consultation and take the first step towards recovery.

Frequently Asked Questions

How long do I have to file a premises liability claim in Oregon?

In Oregon, the statute of limitations when filing premises liability claims is typically two years from the date of the incident. It's important to consult a premises liability attorney as soon as possible to ensure you don't miss the filing deadline.

Can I still file a claim if I was at fault for my accident?

Yes, Oregon follows a modified comparative negligence rule. You can still recover compensation as long as you're less than 51% at fault for the accident, but damages may be reduced by your percentage of fault.

How do I know if I have a valid premises liability claim?

You may have a valid claim if you were injured on someone else's property due to the property owner's negligence or failure to maintain safe conditions. Our Portland premises liability attorney can evaluate your case during a free consultation.

What if I was injured on rental property?

Both landlords and tenants can potentially be held liable in premises liability cases involving rental properties, depending on the circumstances of the accident and the terms of the lease agreement.

How can a Portland premises liability lawyer help my case?

A skilled premises liability attorney can look into your accident, gather evidence, negotiate with insurance companies, calculate fair compensation, and represent you throughout the legal process to ensure your rights are protected.

Can property owners be liable for people on their property without authorization?

Yes, property owners may be liable for injuries to people on their property even without authorization, but it depends on the legal status of the person and the circumstances of the case. Generally, property owners owe little duty of care to trespassers. However, they may still be liable if they know that trespassers frequently come onto the property and fail to take action or warn about dangerous conditions.

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