Understanding Premises Liability Laws in Oregon

Posted on behalf of RizkLaw on Nov 16, 2023 in Personal Injury

You are going about your day, shopping in your favorite store, visiting a friend’s home, or perhaps enjoying a pleasant stroll through a park in Oregon. Suddenly, your world is turned upside down by an unexpected accident or injury. What happens next? Can you hold the responsible party accountable? Will you be able to recover compensation for your medical bills and other damages?

Whether you have slipped and fallen on a slick surface, were attacked by a dog, or suffered an injury due to negligent security measures, Rizk Law personal injury lawyers can help. Our skilled legal team is adept in handling premises liability claims, and we have what it takes to guide you through the process, protect your rights, and maximize your compensation.

What You Should Know About Oregon’s Premises Liability Laws

Accidents can happen anywhere, and when they occur on someone else’s property, the legal concept of premises liability comes into play. If you have suffered an injury due to dangerous conditions on another person’s property in Oregon, you may be entitled to compensation under state premises liability laws.

What Is Premises Liability?

Premises liability is a legal doctrine that holds property owners and occupiers responsible for injuries that occur on their premises due to unsafe or hazardous conditions. The underlying principle is property owners have a duty to maintain their property reasonably safe for visitors, guests, and even trespassers in some cases.

Oregon has specific statutes and case law governing premises liability cases. For these cases to succeed, some key elements must be proven:

Duty of Care

In Oregon, the duty of care owed to individuals on a property depends on their legal status. Visitors are typically categorized as either invitees, licensees, or trespassers, and the level of care owed varies accordingly.

Invitees: These are individuals who are invited onto the property for the benefit of the property owner, such as customers in a store. Property owners owe invitees the highest level of care, including the obligation to inspect the property for hazards and address them promptly.
Licensees: Licensees have the property owner’s permission to be on the premises but are not there for the owner’s benefit. Property owners must warn licensees of any known hazards or dangerous conditions.
Trespassers: Property owners have the least duty of care to trespassers but still cannot intentionally harm them. If property owners are aware of a frequent trespassing issue, they might need to post warnings or take reasonable steps to prevent injury.

Note that the trespasser status is different for children due to the attractive nuisance doctrine.

Notice of Hazards

To hold a property owner liable, the injured party must show that the owner knew or should have known about the hazardous condition and failed to take reasonable steps to correct it.

Comparative Fault

Oregon follows a comparative fault system, which means if the injured party is partially responsible for the accident, their compensation may be reduced in proportion to their degree of fault. However, as long as the injured party’s fault is less than the property owner’s fault, they can still seek compensation.

Common Types of Premises Liability Cases in Oregon

In Oregon, premises liability cases arise from a wide range of situations, including, but not limited to:

Slip-and-fall accidents: These occur when someone slips, trips, or falls due to a hazardous condition like a wet floor, uneven surface, or poorly maintained walkway.
Dog bites: Dog owners are responsible for their pets, and victims of dog bites may have a legal claim against the owner.
Negligent security: Property owners must take reasonable steps to provide adequate security to prevent criminal activities on their premises.
Inadequate maintenance: Property owners are expected to maintain their properties in a reasonably safe condition. Failure to do so can lead to accidents and legal liability.

Understanding premises liability laws in Oregon is crucial if you have been injured on another person’s property. These laws protect your rights as an injured party and provide a legal framework for seeking compensation.

Contact an Oregon Premises Liability Attorney Today to Safeguard Your Rights

If you believe you have a premises liability case, reach out to an experienced personal injury attorney on the Rizk Law team. We can help you navigate the legal process and pursue the compensation you deserve. Your attorney will assess the specific circumstances of your case and guide you through the complexities of Oregon’s premises liability laws, ultimately working to secure the best possible outcome for your claim.

To schedule your free case review, call (503) 245-5677 or submit our contact form today.

$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