Portland Premises Liability Lawyer
Portland is a lively city with a diverse mix of businesses, public spaces and attractions. Unfortunately, people frequently suffer injuries on public and private property. This happens even though property owners have a legal responsibility to ensure their property is safe for anyone who is visiting their business or residence. If an owner neglects to uphold this duty by not adequately maintaining the property or removing hazards and obstacles that could cause harm, he or she could be held liable for any injuries that occur. This is why you should meet with a qualified Portland premises liability lawyer to determine if you are entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
At Rizk Law, we have experience handling all aspects of premise liability cases and will work hard to build a strong case on your behalf. Founder and Senior Lawyer Richard Rizk is President of the South Portland Business Association dedicated to improving local business culture. Our office in Southwest Portland is located just minutes from the Oaks Amusement Park and the Oregon Zoo. Schedule a free, no obligation legal consultation with one of our skilled attorneys today. You will not be charged for any of our services unless we help you receive compensation for your case.
Types of Premises Liability Cases
The Portland premises liability lawyers at our firm are prepared to pursue cases involving many different types of injuries that occur in a variety of situations. This includes cases involving:
Slip and Falls
Slip and fall accidents are often caused by many hazards and obstacles, including uneven stairways, wet or slippery surfaces, loose floorboards, icy or snowy walkways, poor or nonexistent lighting and potholes in parking lots. These accidents can result in many serious injuries, such as traumatic brain injuries, broken bones, spinal cord injuries, cuts and abrasions. If you were injured in a slip and fall accident on someone else’s property or business, our Portland slip and fall attorneys may be able to help you.
Property owners are legally required to make sure their property is safe from crime. This means providing adequate security to prevent or stop dangerous individuals from entering the property and causing harm. This can include installing and monitoring security cameras, having brightly lit interior and exterior areas, employing guards, having gated entrances or putting up a fence or barrier. Poor security can cause injuries in many locations, such as shopping malls, parking lots, hotels and more.
Construction sites are dangerous for workers and anyone else who happens to be passing through or walking in the area. Parties in charge of construction sites must take steps to ensure the safety of anyone passing through, including having proper signage and ensuring scaffolding and other structures people pass through or under are safe.
Property owners are required to provide adequate safety measures that prevent or stop fire hazards from happening. This includes having smoke detectors, fire alarms, sprinkler systems and fire extinguishers in good working condition and accessible fire escapes with clear pathways to exit doors. Failing to address these fire safety concerns can allow fires to occur and put visitors in extreme danger.
If you were bitten or attacked by a dog on someone else’s property, the owner could potentially be held liable for any injuries. In Oregon, dog owners are liable if their dog bites another person only if he or she knew or should have reasonably known the dog was potentially dangerous. If the owner did not know the dog might act aggressively, then he or she cannot be held legally liable under the theory of negligence.
Swimming Pool Accidents
Property owners and landlords have a duty to provide sufficient protection to prevent swimming pool accidents. This can include having lifeguards on duty that are properly trained and attentive or adding a pool fence to prevent young children from entering the pool and possibly drowning. Not having pool signage warning visitors of any risks can also make an owner liable for any accidents that occur.
Defective Elevators or Escalators
If an elevator or escalator has not been property inspected, repaired or maintained, it could cause someone to be seriously injured. Property owners can be held liable for not complying with federal regulations such as failing to put up warning signs for malfunctioning elevators or escalators.
Amusement Park Accidents
Amusement park accidents can cause serious, life-threatening injuries. For example, people can be thrown off rides or collide with fixed objects, causing crush injuries, head injuries and broken bones. These accidents are more likely when there is a lack of supervision and poor property maintenance because equipment is more likely to fail.
Toxic Fumes or Chemicals
Exposure to toxic fumes or chemicals can result in dangerous accidents and severe injuries. Property owners who have toxic chemicals on their property have a duty to prevent visitors from being exposed to any potentially fatal toxins. Toxic fumes or dangerous substances property visitors could be exposed to include asbestos, carbon monoxide and black mold, deadly pesticides or lead paint.
If you were injured on another’s property, contact our Portland premises liability attorneys for a free consultation. We can review your case and determine the legal options available to you.
Complete a Free Case Evaluation form today.
Property Owner’s Legal Duty of Care
There is a legal obligation or duty that property owners maintain their property so that it is not hazardous to visitors. If the residence or business is not adequately maintained, the owner may be held liable for an accident on their property.
There are three main types of visitors that exist in Oregon: invitees, licensees and trespassers. Of the three, property owners owe invitees the highest duty of care.
An invitee is anyone who has the property owner’s or landlord’s express or implied permission to enter the property. Invitees are on the property for commercial reasons, such as customers in retail stores, gas stations, or restaurants, clients visiting a business or maintenance workers in an apartment complex. Invitees can even include citizens on public sidewalks.
In any scenario, it is the responsibility of the property owner to ensure the invitee is aware or protected from potentially dangerous conditions that may cause injury. Failing to provide reasonable care in maintaining the premise is cause for liability.
A licensee is anyone who enters the property with permission from the property owner or landowner, but not for business or commercial purposes. This can include people such as friends, relatives and neighbors visiting a private residence. It is the responsibility of the property owner to keep the licensee away from areas that could potentially cause harm on the property.
For example, if an owner was aware of a faulty handrail on a staircase in their residence and yet failed to fix it or alert the licensee to be careful using the handrail going up or down the stairs, then the owner may be held liable for causing any accident or injury.
A trespasser is anyone who enters the property illegally or without permission from the property owner or landowner. Generally, owners do not owe a duty to trespassers unless the trespasser is a child. In these cases, the owner of the property owes a duty to exercise reasonable care to avoid any foreseeable risks of harm the child may be exposed to.
A trespasser can only hold a property owner liable if the owner willfully or maliciously injured the trespasser. However, a property owner may use physical force to defend themselves against a trespasser if they are in fear for their safety (ORS 161.225).
Proving negligence in a premises liability claim can be complicated and difficult to do, especially if the hazardous condition that caused the accident was temporary, such as a wet floor or icy or snowy walkways. This is why it is in your best interest to contact a qualified Portland premises liability attorney with the knowledge and legal skill set to effectively investigate and handle your case. Our premises liability lawyers in Portland have detailed knowledge of these legal classifications and how to prove a property owner did not fulfill his or her legal obligations.
However, make sure to contact a lawyer as soon as possible because there is a deadline for filing a lawsuit. Premises liability claims in Oregon must typically be filed within two years from the date of the injury or two years from the date the injury should have been known or reasonably discovered, but no more than five years after the date of the injury (ORS 12.110).
Call 503.245.5677 now for our free consultation.
What If I Am Partially to Blame for My Injury?
In many premises liability cases, the property owner or the victim is almost entirely at fault for the injury. However, there are some cases where both parties have some percentage of fault.
These cases are governed by Oregon’s comparative negligence rule (ORS 31.600), which states that victims are prohibited from recovering compensation if they are found to be more than 50 percent at fault for the accident.
The rule also states that if you are less than 50 percent at fault, your compensation award will be reduced according to your percentage of fault. This means that an award of $100,000 would be reduced to $80,000 if you were found to be 20 percent at fault.
At Rizk Law, our Portland premises liability attorneys are prepared to help you throughout the claims process to make sure that you are not assigned more fault than you deserve.
Fill out our Free Case Evaluation form to get started.
Contact Our Portland Premises Liability Lawyers
Every property owner has a legal responsibility to ensure people who are invited onto the property are protected from harm. When that protection is not provided, you may be entitled to compensation for your injury.
Our Portland premises liability lawyers at Rizk Law are well-versed in premises liability law and know how to build a strong case so you can focus on your recovery. We are do not charge any upfront costs or legal fees unless you receive fair compensation.
Call 503.245.5677 today to see how we might be able to help you.