Trip and Fall Lawyers in Portland
If you have been injured in a slip and fall accident on another’s property, you may be entitled to compensation for your injuries, financial losses, and pain and suffering. After your accident, consider working with an experienced slip and fall lawyer in Portland who can use his or her skills and knowledge to help you pursue the maximum compensation you may deserve.
Property owners have a legal obligation to take steps to ensure their property is safe for guests and visitors entering the premises. If someone suffers an injury after slipping and falling on a hazard or dangerous condition located on the owner’s property, he or she may be held liable for the victim’s injury. At Rizk Law, we strive to support the rights of accident victims who have been injured and suffered financial losses due to another’s negligence. Our dedicated Portland personal injury lawyers have helped numerous accident victims obtain millions in verdicts and settlements. In 2018, we were included in the Three Best Rated personal injury lawyers in Portland and have a 10.0 Superb Avvo Rating.
Our commitment to helping accident victims in Portland has brought us the skills and knowledge you need to effectively build a case that supports your claim. To get started, contact us today to schedule a free, no obligation consultation to review your claim. We will help you pursue every legal option available while representing you on a contingency fee basis. There are no upfront cost for working with our attorneys and you only have to pay us if we recover compensation for you.
Call 503.245.5677 to schedule a free consultation.
Causes of Slip and Fall Accidents
When a property owner carelessly maintains his or her property, or neglects to fix or address certain dangerous conditions. This may lead to guests or residents falling and injuring themselves in accidents often called “slip and fall” or “trip and fall” accidents.
There are several types of dangerous property conditions and hazards that may lead to a slip and fall accident, including:
- Wet and slippery surfaces: This may include spilled liquids, collected puddles of water, or tracked-in snow or ice on floors, pavements and sidewalks that causes the surface to become wet or slippery. Property owners should take steps immediately to dry the surface or warn guests and visitors about the wet surface.
- Damaged floors or walkways: Property owners must ensure floors, paths and walkways on the property are safe for guests and visitors to use. A cracked sidewalk with jagged edges may pose a risk for unsuspecting visitors who can injure themselves after falling over a gap or hole in the sidewalk.
- Damaged floors and stairs: This may include torn carpet, uneven floor panels or broken staircases that could cause a guest or visitor to lose his or her balance and trip and fall over the hazard.
- Inadequate lighting: Poor lighting can make it difficult to see obstacles or hazards that may obstruct your path. This can make it dangerous to use staircases or walk in areas with insufficient lighting, resulting in a slip or trip and fall accident.
- Ditches or holes: Guests and visitors must receive adequate warning about openings in the ground that could pose a danger to their safety. This includes ditches, holes or potholes in the ground or parking lots. Property owners should take steps to fill, cover or place warning signs or fences around holes.
- Cluttered floors or walkways: Materials stored in areas that are frequented by guests and visitors may increase the risk of a slip and fall accident. This may include merchandise and supplies stacked in walkways, or trash or equipment.
During your free consultation, a Portland slip and fall lawyer with our firm will review the cause of your accident and the factors that may have contributed to your injury. Based on our findings, we will carefully investigate the parties involved to determine who can be held liable for your slip and fall accident.
Complete our Free Case Evaluation form discuss your claim with a lawyer.
Liability for a Trip and Fall Accident
Determining liability in a slip and fall accident may depend on several factors, including your status on the owner’s property. Typically, there are three classifications visitors are placed in when they enter another’s property:
An invitee is someone who visits a property for the mutual benefit of him or herself and the property’s owner. This may include someone who is conducting business with the property’s owner, such as a customer at a store or restaurant, or a contractor hired by the owner.
Invitees are owed the highest duty of care by property owners, who must take steps to adequately warn the invitee about any known hazard that exists on the property. The property owner must regularly inspect the premises to identify dangerous conditions forming on the property.
A licensee is someone who has been invited to the property by its owner. For instance, this includes someone invited for a social visit. This may include someone the owner knows, like a friend, family member or acquaintance. Property owners have a duty to warn licensees about any known hazard on the premises that may pose a risk of injury or death.
A trespasser is someone who has illegally entered the owner’s property without his or her knowledge or permission. In Oregon, property owners do not owe a legal duty of care to trespassers and do not have to warn them about hazards that may be located on the property. However, the property owner cannot intentionally or maliciously cause harm to a trespasser.
Elements of a Slip and Fall Claim
Once we have determined your status on the owner’s property, we will examine your claim to determine if the following elements were present at the time of your accident:
- A hazard existed on the property that the owner was aware existed, or should have known existed.
- The victim was legally allowed to enter the property at the time he or she suffered an injury.
- The victim was injured by a hazard located on the owner’s property.
- The victim suffered measurable damages due to the property owner’s negligence. This includes damages such as the cost of medical treatment and lost income due to the injury.
To find out if you have a case, call 503.245.5677.
Types of Compensation Available After a Slip and Fall Accident
Victims of slip and fall accidents may be entitled to several types of compensation for the injuries and losses they suffered. Depending on the circumstances behind your accident, you may be entitled to two types of damages: economic damages and noneconomic damages.
Economic damages, or measurable damages, can be pursued through a personal injury claim filed with the at-fault party’s insurance company. Typically, this includes compensation for the financial losses you suffered after the accident, such as:
- Past and future medical treatment
- Lost income or wages
- Loss of earning capacity
- Cost of assistive medical equipment
- Cost of rehabilitation
- Out-of-pocket expenses
In addition to economic damages, some victims may be entitled to pursue noneconomic damages by filing a personal injury lawsuit against the property’s owner. This may enable you to recover the following types of damages:
- Pain and suffering
- Loss of enjoyment of life
- Loss of reputation
- Emotional distress
- Loss of consortium
Contributory Negligence in Oregon
In some cases, the victim may have been partially at fault for causing his or her own injury through a slip and fall accident. In this situation, Oregon’s law of contributory negligence will be used to determine the degree of negligence you contributed to causing your slip and fall accident.
Under ORS § 31.600, each party involved in an accident will be assigned a percentage of fault representing the degree of his or her negligence. If you are found to share fault with the property’s owner, you may still recover compensation as long as your degree of negligence is no greater than the other party’s.
For example, a slip and fall accident victim may file a personal injury claim for $100,000 against the property’s owner. However, a court finds the victim is 40 percent at-fault for causing his or her own injuries. The victim’s claim will be reduced by $40,000, resulting in the claim’s new value totaled at $60,000. However, if you are found to be more than 50 percent at fault for the slip and fall accident, you cannot recover compensation from the property’s owner.
Complete a Free Case Evaluation form to find out the value of your claim.
How Long Do You Have to File a Slip and Fall Case in Oregon?
If you are pursuing compensation after a slip and fall accident, you must take action within the statute of limitations. This is a deadline imposed by Oregon that determines how long personal injury victims have to recover compensation from the party at fault for their injuries.
In Oregon, there is a two-year statute of limitations for personal injury cases. The two-year deadline begins on the date of your slip and fall accident, or the date you first discovered your injury, whichever occurs first. Failing to file a lawsuit before the statute of limitations expires will likely result in your case being dismissed and you will no longer be able to recover compensation. For this reason, you should not wait until the end of the statute of limitations to discuss your claim with an attorney.
To get started with your free consultation, call 503.245.5677.
Schedule a Free Consultation with Rizk Law’s Portland Slip and Fall Lawyers
If you have been injured in a slip and fall accident in Portland, you should contact a lawyer as soon as possible. The attorneys at Rizk Law can review your situation in a free, no obligation consultation. We will help you determine if you have a case against the owner of the property where you suffered your injury.
Our trusted slip and fall accident lawyers are committed to helping victims pursue the compensation they deserve. We only charge our clients on a contingency fee basis and will represent you at no upfront cost. You will only have to pay us for our services if we recover compensation on your behalf.
Complete a Free Case Evaluation form today.