How to File a Premises Liability Claim Against a Homeowner

Posted on behalf of RizkLaw on Apr 25, 2023 in Personal Injury

Homeowners have a duty of care to provide their guests with a safe environment and warn them of any concealed dangers. If you suffered an injury at someone’s house, you have the right to open a premises liability claim against the property owner to seek compensation for your damages, such as medical bills, pain and suffering, and lost wages.

For a premises liability claim to be successful, you must provide irrefutable proof that the property owner was negligent and that their negligence directly resulted in you suffering harm. Rizk Law lawyers can assist you in developing your case by collecting evidence to support your claims and guiding you through the process step by step.

Types of Premises Liability Claims in Oregon and Washington States

Premises liability laws allow victims to hold property owners responsible for injuries occurring on their property. In Oregon and Washington, these laws apply not just to commercial establishments but also to residential homes.

A person may open a premises liability claim if they believe a property owner’s negligence caused their accident. Various types of accidents can result in a premises liability claim against a homeowner, including:

Dog bites
Falls due to broken or poorly maintained stairs
Slip-and-falls, such as on driveways or walkways
Drownings in swimming pools
Trips on worn carpeting or over electrical cords

If you were invited as a guest into someone’s home and suffered an injury because of a known hazard that the homeowner failed to repair or address, they may be responsible for your damages. You have the right to seek compensation from them directly or from their insurance company for expenses and losses related to the accident.

Proving a Premises Liability Claim Against a Homeowner

When you open a premises liability claim against a homeowner, simply saying that you deserve compensation because you were hurt on their property is not enough. You must show that the homeowner was negligent and that their negligence directly led to your accident.

To demonstrate negligence, your lawyer must prove four elements:

The Property Owner Owed You a Duty of Care

When a homeowner has guests over, they must keep their property reasonably safe. They should repair any unsafe conditions and warn their visitors about any dangers.

The Homeowner Breached Their Duty of Care

The homeowner could be found in breach of their duty of care if they failed to address known hazards on their property or at least notify guests of them. However, homeowners might not be at fault in cases where a guest was injured because of an obviously dangerous situation.

A Direct Connection Between Negligence and Injury

You must prove that had it not been for the hazard, or if you had at least known about it, you would not have been injured.

Resulting Damages

You must show that you incurred damages, such as medical bills, lost wages, or pain and suffering as a result of the incident on the homeowner’s property. Compensation will not be awarded if the injured party did not experience economic or non-economic losses.

Hold a Homeowner Responsible for Your Injuries With a Premises Liability Lawyer

A Rizk Law personal injury lawyer can help you craft a compelling approach to tell your side of the story and show how the homeowner’s negligence resulted in your injuries. Throughout the process, challenges may arise when trying to convince an adjuster, jury, or judge that your injuries merit monetary compensation from the homeowner. If you are offered a settlement and unsure if it is fair, we can handle the legal details and calculate the full value of your case.

For a free consultation, call our office at (503) 245-5677 or contact us online.

$1,250,000
Car v. Pedestrian Crash

Pedestrian’s Stroll

FACTS: Commercial motorist strikes pedestrian on Oregon roadway. No witnesses. Litigated case.

INJURIES: 1. Brain injury; 2. Broken bones. Other details are confidential.

$900,000
Truck Accident

Car T-Boned by Commercial Delivery Truck

FACTS: Client t-boned by a commercial delivery truck. Delivery driver cited for distracted driving and careless driving. Client left pinned in her car with obvious compound arm fractures.

INJURIES: Compound left arm fracture, chest pain, neck sprain, back sprain, and shoulder and knee injuries.

$695,000
Car Accident

PDX Rent-a-Car Head Injury

FACTS: PDX shuttle driver struck by SUV while walking across airport parking lot. Strikes head on pavement. Loses consciousness. No witnesses. Insurer resists claim suggesting client at fault and claims brain injury is due to pot smoking. Wife also files claim for loss of affection. Litigated case.

INJURIES: Concussion, contusions, loss of intimacy.

$625,000
Car Accident

Drunk Driver Collides Head On with Postal Worker

FACTS: Client, an off-duty postal worker, drove home after completing a 12 hour shift on December 26. Two bars overserved the defendant driver leaving her to drive home 3 times above the legal alcohol limit. Defendant driver traveled on a rural road without headlights on when she collided head on into postal worker.

INJURIES: Client suffered PTSD, including frequent nightmares and fractures to right arm, leading to several shoulder surgeries.

$625,000
Car Accident

SUV Driver Hit by Full-Size Pick-Up Truck on US-30 Outside Astoria, Oregon.

FACTS: SUV driver hit by oncoming full-size pick-up truck on US-30 outside Astoria, Oregon. Litigated case.

INJURIES: Fractured T3-T9 rib fractures requiring surgical repair with plates; transverse process L1-L5 fractured; pulmonary contusion, bruise on the left; simple pneumothorax resulting in pneumonia; seat belt abrasions on neck and around hips. Left hand lacerations. Middle finger cut. Arm and leg bruises.

Blog