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.
Common Injuries with Trip and Fall Accidents
Among the most common types of accidents that cause injuries are slips, trips, and falls. The causes can vary greatly, from slipping on wet or uneven surfaces to obstacles blocking paths, but one almost certain thing is the outcome: injury. While some falls do not result in serious injuries, in other cases, injuries can be life-threatening. Listed below are the six most common types of injuries caused by slipping and falling:
Traumatic Brain Injuries (TBIs)
The impact of a strike to the head can result in a TBI. Various types of brain injuries can occur, from a mild concussion to more serious injuries, such as a skull fracture, hematoma, or brain hemorrhage. A TBI can greatly diminish a victim’s quality of life. The effects of a severe TBI can impact cognitive ability, induce seizures, and lead to loss of motor control and memory.
Spinal Cord Injuries
If a person falls on their back or twists and overexerts themselves to avoid a fall, they could suffer spinal cord damage. The spinal cord can be injured in many ways, including slipping discs, hernias, and paralysis. Symptoms of spinal cord injuries are often disabling and can produce severe chronic pain and require extensive treatment and recovery. Additionally, several undesirable side effects exist, such as mobility issues, muscle spasms, and extreme fatigue.
Pelvic or Hip Fractures
Senior citizens commonly suffer hip and pelvic fractures from falls. Still, any individual can sustain hip or pelvis fractures if the force of the fall is great enough. Unfortunately, the most common method of treating hip and pelvis fractures is surgery. In addition to the discomfort and costs of these procedures, the recovery process can be lengthy. Many times, a person’s mobility is significantly or permanently compromised by a broken hip or pelvis.
Shoulder or Neck Injury
When you fall and land on your shoulder or neck, you can sustain a shoulder or neck injury. From spinal injuries to muscle sprains, neck injuries can be quite serious. Fall-related shoulder injuries usually result in dislocation, nerve damage, or broken collarbones. The injuries to the neck and shoulders can be devastating and can necessitate surgery even in seemingly minor cases.
People often suffer limb fractures when their bones break due to the force of impact. In the elderly, fractures are common because the bones become brittle with age. Many victims must wear casts for months following surgery, preventing them from carrying out day-to-day activities.
The fact is, slips, trips and falls pose very real risks. These injuries can have long-term effects on the body, and they are expensive to treat. You should seek compensation from the at-fault parties immediately if you have been injured in a slip or trip and fall accident. This compensation will help to pay for the long-term medical expenses. Rizk Law injury attorneys can assist you during this difficult time. Having a lawyer build your claim helps you establish liability, document the extent of the harm you suffered, and pursue a fair settlement to pay for your medical treatment and other losses.
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.
Follow These Steps After a Slip, Trip, and Fall Injury
A slip, trip, and fall accident can leave you or a loved one seriously injured. Act immediately after the accident in order to build the strongest legal case possible. If you were involved in a slip, trip, and fall accident, don’t overlook these five essential steps:
- Don’t hesitate to seek medical care. Immediately following a slip, trip, and fall accident, your health and the health of your loved ones should be your top priority. Seeing a doctor after an injury is the best way to properly document your injuries. In the future, if you decide to seek financial compensation for your injuries, your medical records will provide valuable evidence.
- Report the incident. If you slip, trip, and fall somewhere—in a store, near a sidewalk or parking lot, or at a friend’s house—make sure your manager, landlord, or owner knows about the incident. Make sure the incident is documented in writing and request a physical copy of the report before you leave. A formal accident report should also be obtained, so it’s critical to notify the authorities if injuries are severe.
- Keep track of everything. Collect the name, address, phone number, and email address of all parties and witnesses. Their statements could help prove your claim if you decide to pursue a legal claim. Remember to photograph the precise location where your fall took place and evidence such as icy patches, stairs, or other dangerous conditions that may have contributed to your accident. You should write down what you were doing just before the accident came about, how you fell, and the time and date of the accident. Store the shoes, clothing, and other items you wore during the accident in a secure bag. In the future, they might prove useful.
- Don’t give any statements. Maintain a cool head and limit your interactions with all parties involved. Never share any details of your injury on social media. Wait until you’ve spoken to an attorney before giving an insurance company a statement. You shouldn’t place blame—nor should you accept it.
- Obtain legal advice. The best person to assist you in legal matters is an experienced attorney. You will benefit from the resources of a successful law firm since slip, trip, and fall cases often involve a great deal of legal issues. Utilizing our experience and knowledge to your advantage, you can trust Rizk Law to get you the compensation to which you may be entitled.
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.