The topic of “premise liability” involves laws that can hold owners or possessors legally responsible if someone gets injured on their property. However, owners of property are not always liable for injuries that occur on that property, as any such liability is dependent on the facts of each case.
By way of example, it matters what status the visitor enjoyed while on the subject property. These include:
- Invitee — someone invited on to the property for the possessor’s financial interest, or as a public member on property open to the public in general. These folks are owed the highest duty of care.
- Licensee — someone on property for non-business purposes with owner’s consent, including as a social guest. These folks are owed a lesser duty of care.
- Trespasser — someone on property without consent of the owner. These folks are owed almost no duty of care.
Generally speaking, in Oregon, owners of property are legally obligated to keep their premises reasonably safe for the people coming onto it. They must either warn invitees and licensees of any potentially dangerous situations that might cause injury, or keep those folks from encountering the condition. Moreover, if the condition is one that the owner cannot reasonably expect invitees to encounter with a reasonable degree of safety, even if they are aware and appreciate the danger, the owner must do more than merely warn – they must remedy the condition or keeps others from encountering it. Sometimes, however, a dangerous condition is created just before the injury occurs, such as lettuce on the floor of a supermarket. If the owner did not create that condition, and did not have an opportunity to discover and protect others on their property from the same, they may avoid liability for the injury. Additionally, if the owner can expect within reason that their property may be trespassed onto, they may owe trespassers a reasonable warning, but only for hidden dangerous conditions.
Additional rules attach to particularly classes of people as well. For example, children are owed a higher duty of care because of their inexperience and difficulty in understanding and appreciating a dangerous condition. The Oregon Landlord Tenant Act also has additional provisions to protect tenants and their visitors from harm, though only for particular types of conditions.
Visitors on the property are also expected to keep a lookout for their own well being. Thus, one defense to slip and fall accidents on someone’s property is that the person coming onto the land did not act with a reasonable amount of care themselves. If they don’t act with reasonable care, the fault of the owner and their own fault are compared. This simply means that the jury must allocate 100% of the fault between the two. If the injured party is found more than 50% at fault, they lose. If they are found 50% or less at fault, their damages are reduced by their proportionate share of the fault which caused their injury.
Needless to say, the laws surrounding premises liability cases in Oregon is complicated. As such settling these claims require a skilled attorney to ensure the victim gets what they deserve.
Client Story
What Happened
Our client was injured while visiting her sister at the apartment complex in which her sister lived. Several hours after arriving, our client went to retrieve some overnight items from her car. By this time, it was late into the evening. Unbeknownst to our client, the apartment complex had hired a company to trim some of the tree limbs around the complex. Unfortunately for all involved, the workers did not clean up properly and left tree limbs on the ground in an unlit area near the parking lot. Our client did not see the loose tree limbs on the ground until it was too late: she tripped on one, fell, and was injured as a result.
Despite being uninsured, our client needed immediate medical attention and she went to the hospital to be treated for her accident-related injuries.
When We Were Called
She contacted our firm, experienced Oregon Premises Liability attorneys, and asked us to represent her and help with her ongoing accident-related medical bills.
How We Were Able to Help
After sending out letters of representation, we learned that the apartment complex had a limited amount of no-fault medical insurance on the property, and demanded that they pay out of that policy. The complex’s insurance company immediately paid our client its medical limits. Next, we contacted our client’s providers and offered to pay them out of the proceeds of the settlement for continuing to treat our client. They accepted the offer.
In the end, our client was able to get the treatment that she needed to make a full recovery from her accident-related injuries. After she fully recovered, we settled her case for a fair value. She was more than happy with this outcome.
Client Story
What Happened
Our client was shopping at a grocery store when she slipped and fell while walking down an aisle. Once she had collected herself after the fall, she noticed that the floor was sopping wet. Although a wet floor warning sign had been erected at the end of the aisle where she fell, it was almost 50 feet away, and did not adequately warn customers of the danger. Frankly, it seemed that the store had been aware of the spill, but had only done the bare minimum to clean it up and warn shoppers of the hazard.
When We Were Called
The claims adjuster made our client a settlement offer that covered her medical bills, but which did not include any pain and suffering compensation. She called Dwyer Williams Cherkoss Attorneys, PC knowing that our experienced Oregon premises liability attorneys could help get her the settlement that she deserved.
How We Were Able to Help
We evaluated our client’s claim and contacted the insurer. Several rounds of negotiation later, the case settled for an amount including all of our client’s accident-related medical expenses as well as a significant amount for her pain and suffering (also known as “non-economic damages”).
Client Story
What Happened
Our client was a plumber hired to work on a large hospital remodeling project. Unbeknownst to him, a wooden ramp at the job site had been broken and the general contractor inadequately repaired it. This improper repair allowed the ramp able to suddenly “spring up” when more than one person was using it, and without notice – like a teeter-totter.
Unfortunately, this is exactly what happened when our client was following his coworkers into the job site: the end of the wooden ramp lifted off the ground and hit our client on his lower leg. This, in turn, caused him to fall forward, injuring his shoulder and knee. Both injuries required surgery and our client’s medical bills ultimately exceeded $186,000.
When We Were Called
Initially, the general contractor denied liability and blamed our client for his injuries. The injured party then hired the experienced and compassionate personal injury and third-party workers’ compensation lawyers at Dwyer Williams Cherkoss Attorneys, PC to help him out. We filed suit alleging negligence, unsafe premises, breach of Employer Liability Law, and breach of the Oregon Safe Employment Act.
How We Were Able to Help
Discovery revealed that the general contractor had not only inadequately repaired the broken ramp, but that its own investigation determined that the repair was improper and unsafe. Our client’s case was complicated by a number of prior injuries, ongoing knee and shoulder problems, as well as an unrelated but severe medical condition. However, we fought tirelessly by his side.
Ultimately, we were able to settle the case at mediation for $450,000. We were further able to reduce many of the liens, netting our client more money in his pocket.
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