Injured in a Slip and Fall Accident? Hurt in a Trip and Fall Accident? Call Our Premises Liability Lawyer in Portland for Help

Everyone will fall at some point in their life.  Sometimes falls can result in serious personal injuries or even wrongful death. In fact, falls are the second-leading cause of accidental deaths in the United States, more than traffic fatalities and only behind poisonings. Additionally, each year there are over 1 million emergency department visits for injuries caused by slip and falls or trip and falls in the United States. Falls are generally considered a risk of injury for young children or elderly adults, especially because statistics reveal that approximately 37% of older adults who fall suffer some type of injury. However, it is also true that statistics indicate that 16% of college-age adults who fell had suffered injuries too. Victims who suffer a fall may be entitled to compensation for their personal injuries, medical bills, and lost wages. An experienced premises liability lawyer in Portland can help victims recover the compensation that victims deserve.

Here at the Manners Law Firm, we know that personal injuries caused by falls can result in physical, emotional, and financial hardships for victims and their families. Although many victims will blame themselves for their fall and their injuries, the truth is that property owners, maintainers, and possessors are often much more at fault. Unfortunately, defendants and their attorneys or insurance adjusters will continue to blame the victim, undermine a victim’s injuries, and offer very little or absolutely no compensation. That’s why victims and their families need to contact an experienced premises liability lawyer in Portland to defend their rights under Oregon law to recover the compensation that victims deserve.

What is a Premises Liability Case?

There are many different types of personal injury cases. One type is known as a premises liability matter, which are cases involving the use or occupancy of a property. That property could be a store, apartment, office, parking lot, or another piece of land, building, or real property. Generally, there are two types of premises liability cases that are related to falls.

Slip and Falls

One of the most well-known types of premises liability cases is known as a slip and fall. This type of personal injury case involves a person who slips, loses balance, and is caused to fall. The “slip” is due to a loss of friction, such as a substance on the ground. Some common examples of slip and falls where a victim may be entitled to compensation include the following:

• Snow and ice accumulations
• Spilled food or drink at a store
• Overuse of wax or soap on a floor
• Tracked in rainwater or melted snow
• Food debris on the floor (like grapes or lettuce leaves on the floor in a produce section of a grocery store)
• Oil or slick surfaces on the floor
• Leaky refrigeration units or A/C units
• Improper flooring in an area that makes it slippery (i.e., using tile with a low coefficient of friction in a gym shower)
• Recurring leaks from a roof or siding, and
• Other types of leaks, spills, or slippery substances that accumulate on a floor that are not timely and properly cleaned up.

Trip and Falls

The next most common type of premises liability case is a trip and fall case. Although it is very similar to a slip and fall, the mechanism of the injury is different. Specifically, a trip and fall case is not about losing balance due to a slippery substance, but being caused to stumble and fall. Some common examples of a trip and fall include the following:

• Uneven flooring such as a lifted flagstone on a sidewalk
• Garbage left on the floor (i.e., empty stock cardboard boxes in a store)
• Rocks, pebbles, dirt, or other debris on the ground
• Broken flooring or steps
• Stairs that are not evenly spaced (not to code)
• Hidden steps or drops of flooring
• Inadequate lighting, especially on stairs
• Uneven walking surfaces, such as a sidewalk that is not level with the adjoining grass surface
• Inadequate, wobbly, broken, or nonexistent handrails
• Pallets or other debris on the ground
• Ripped carpet or bunched up carpet, including mats by an entrance for rainy days or snow but that are not put down correctly
• Cords, wires, and other trip hazards, and
• Other common causes of trip and falls in Oregon that could result in personal injuries.

Proving a Premises Liability Case in Oregon

Whether you were injured in a slip and fall accident or a trip and fall accident, a premises liability lawyer in Portland can help prove your case and recover compensation for you. In order to recover compensation, a victim will need to prove the following:

• There was a dangerous, hazardous, or otherwise defective condition on the premises
• Defendant had notice of such condition or created the defect
• There was sufficient time to make the defect safe by either repairing it or excluding others from coming into contact with it, and
• The victim’s injuries were caused by the dangerous defect.

Proving Notice and Time to Make a Defect Safe

Of these elements, the most contested grounds are notice and a sufficient time to make the defect safe. There are several ways that a victim can satisfy these elements, including that the defendant had:

• Actual notice – where the defendant had been told about the defect or had actually seen it
• Constructive notice – where a defect existed for a sufficient period of time that a reasonable inspection by the defendant would have discovered the defect
• Recurring condition – a type of constructive notice, this is when a certain hazardous condition repeats during a certain situation so that a defendant would know they have to make it safe (i.e., every time it rains the roof leaks in one spot, or the gutter leaks on the stairs which turn to ice in the winter), and
• Created the defect – where a defendant creates the defect, such as improperly building stairs or by purposely turning off lights (i.e., turning off lights to steps of store to make it spooky for Halloween or dimming lights in a banquet hall during a speech).

Who Could be Liable for My Fall Injuries?

Under Oregon law, the general rule is that property owners are liable for defects on their property. However, there are some exceptions that expand who also may be liable. For instance, tenants are commonly liable for falls in an area of a rented property. This usually comes up with stores that rent the premises from a property owner. In that situation, it is common for the tenant to be responsible for the maintenance of a property instead of the owner. The same is true for the inside of an apartment for a renter.

In addition, third parties who neither own nor rent a property could be liable. This includes property management companies who agree to keep the premises safe for the owner or renter, such as removing snow and ice, mopping up spills, and otherwise cleaning or repairing the premises. In fact, the law often places a duty on parties who not only possess a property, but also those who have control over its upkeep. This means that a repair company who comes to repair a leak, such as a freezer repair company in a grocery store, could be liable for fall injuries if they don’t clean up the spill, make it worse, or fail to warn others of the spill while it is working in the aisle. As a result, some victims may be harmed by a party who they are completely unaware of their presence until after a thorough investigation by an experienced premises liability lawyer in Portland.

Hurt in a Fall Accident in Oregon? Whether it Was a Slip and Fall or a Trip and Fall, Call Our Premises Liability Lawyer in Portland for Help

Fall accidents can lead to some very serious personal injuries, including traumatic brain injuries, spinal cord injuries, and broken bones. Even where liability and ownership are clear, far too many defense attorneys and insurance companies will refuse to take responsibility and pay victims for their losses. Further given the complicated nature of proving a premises liability case, including notice and causation, this often means that victims and their families are at an unfair disadvantage.

The Manners Law Firm can help even that playing field and recover compensation for pain and suffering, medical expenses, and lost income. To learn more about how our experienced premises liability lawyer in Portland can help you and your family after a slip and fall or a trip and fall accident in Oregon, call to schedule our free consultation by dialing 503-468-7937 or by sending us a message here.