senft injury advocates practice areas: oregon slip and fall accident lawyer

Oregon Slip and Fall Accident Lawyer

Slip and Fall Accident in Oregon? We Don’t Get Paid Unless You Win. Contact Senft Injury Advocates For Risk-Free Advocacy.

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Oregon Slip and Fall Accident Lawyer

Slip and fall accidents can happen anywhere, anytime, and the consequences can be severe. In 2022, Oregon saw 272,134 injuries from falls that led to emergency department visits, with 55 fatal incidents occurring in the workplace. These startling numbers highlight the unpredictable nature and serious impact of such accidents. When faced with this situation, having a dedicated Oregon slip and fall accident lawyer by your side is crucial to ensure your rights are fully protected.

Why Choose Us?

At Senft Injury Advocates, we specialize in premises liability laws, offering unparalleled legal expertise coupled with a compassionate approach. Our team is dedicated to ensuring your peace of mind throughout the legal process, helping you secure the compensation you rightfully deserve. With a proven track record of success and a commitment to personalized attention, we stand out as a firm that truly cares about its clients. We understand the importance of your case, and we strive to provide not just legal representation, but also the guidance and support necessary to help you through this challenging time.

Steps After an Oregon Slip and Fall Accident

If you’ve been involved in a Oregon slip and fall accident, taking the right steps immediately afterward can significantly impact the outcome of any potential legal case.

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Health & Safety

Make sure you are in a safe place and assess yourself for any injuries. Call 911 if medical attention is needed and even if you feel fine, some injuries may not be immediately visible.

Report the Slip and Fall Accident

Contact law enforcement to file a report. Depending on the severity of injuries and property damage, your state may legally require you to report the accident, if you wish to file a claim.

Take Down Information

Exchange contact and insurance details with the other involved parties. Take photos of the accident scene, the surrounding areas, and all damages.

Contact a Oregon Slip and Fall Accident Lawyer

Before settling and negotiating with insurance companies, consulting with a trusted Oregon slip and fall accident lawyer can help ease the litigation process and increase your chances of maximum compensation.

Frequently Asked Questions

Most Oregon slip and fall accident lawyers work on a contingency fee basis. This means they only get paid if you win your case, typically taking a percentage ranging from 20% to 45% of the settlement. The specific percentage can vary based on the complexity of the case and at what stage the case is resolved​. At Senft Injury Advocates, we understand the burden these legal fees can provide, and want you to focus on your recovery.

  • Slick floors can be problematic as people track in snow and ice, mostly in building entryways. Additionally, floors that become wet from cleaning or spills and are not marked with warning signs.
  • Poor lighting can make it difficult to see obstacles and changes in the walking surface.
  • Accumulations of ice and snow, especially in parking lots and on sidewalks, significantly increase the risk of falls. Ice can form from melting snow or from landscape drainage and can refreeze, creating slick surfaces that are difficult to detect.
  • Unsecured carpets or mats can move or roll, causing tripping hazards.
  • Missing or faulty handrails can make slips more likely, particularly on outdoor staircases or ramps.

In Oregon, the statute of limitations for filing a slip and fall accident claim is generally two years from the date of the accident. This legal deadline exists because it is important to resolve claims while evidence is still fresh and available. This also ensures certainty for both the plaintiff and defendant so that they are not subject to claims indefinitely.

However, there are exceptions to this two-year rule in accordance with the ORS 12.160. For instance:

  • If the injuries from the fall were not immediately apparent and could not reasonably have been discovered right after the accident, the clock may start when the injury was discovered or should have been discovered.
  • If the injured party is a minor, the statute of limitations may not begin until they turn 18.
  • If the injured person is legally incapacitated at the time of the accident, the time to file might be extended until the disability ends. However, there is a cap on this extension at five years.

In a slip and fall accident, liability can extend to various parties depending on their role and responsibility towards the safety of the premises. Here’s a detailed look at who could be liable:

  • Property Owners: Typically, the primary liable party, especially if they have direct control over the premises. Property owners are expected to ensure that their property is free from hazardous conditions that could lead to a slip and fall accident.
  • Tenants: In leased properties, such as commercial or residential rentals, the tenant may be liable if they are responsible for the maintenance of the area where the slip and fall occurred, as per their lease agreement.
  • Business Operators: A business operating within a specific space may be held liable for accidents occurring on its premises, particularly if it controls conditions that contribute to a slip and fall incident, such as wet floors or cluttered walkways.
  • Maintenance Companies: Companies contracted to perform maintenance work, such as cleaning, landscaping, or snow removal, can be liable if they inadequately perform these duties.
  • Government Entities: When slips and falls occur on public property, such as sidewalks or public buildings, the responsible government entity can be held liable.
  • Construction Companies: If ongoing construction creates hazards that are not properly managed or marked, the construction company might be liable.
  • Product Manufacturers: If a slip and fall accident is caused by a faulty product (e.g., a defective ladder, flooring material, or cleaning product), the manufacturer of that product could be liable under product liability laws.

Each case will depend on specific circumstances, including the nature of the hazard, the contractual obligations of the parties, and local laws.

Determining fault in a slip and fall accident involves a careful examination of the circumstances surrounding the incident, guided by Oregon’s premises liability laws. Here’s how the process typically unfolds:

  • Duty of Care: Under Oregon law, property owners are required to maintain their premises in a reasonably safe condition. This extends to inspecting for potential hazards and fixing or warning against them in a timely manner. The specific obligations can vary depending on the nature of the property and the relationship between the property owner and the injured party (e.g., business invitee, licensee, or trespasser).
  • Breach of Duty: To establish fault, it must be demonstrated that the property owner knew or should have known about the hazardous condition and failed to take appropriate actions to remedy it. This could involve failing to clean up a spill, not fixing uneven flooring, or not clearing ice or snow.
  • Causation: There must be a direct link between the breach of duty and the accident. The victim must show that the unsafe condition directly caused their injury.
  • Evidence: Establishing fault relies heavily on evidence such as accident reports, witness statements, maintenance records and photos and videos.

Yes, the relationship between the property owner and the individual entering the property plays a big role in determining the level of duty owed by the property owner. Here is how:

  • Business Invitees are individuals who enter premises for a purpose directly or indirectly related to business dealings with the property owner. This category includes customers in a store or clients in an office building. Property owners owe the highest duty of care to business invitees. They must actively inspect the property for dangers, make safe any hazards, and warn invitees of dangers.
  • Licensees are individuals who enter a property for social reasons or personal business such as door to door sales. Property owners are required to ensure that the property is safe or to warn the licensee of any dangers that the owner is aware of. However, the owner is not necessarily obligated to inspect for or repair hazards that they are not aware of.
  • Trespassers are the least likely to claim compensation in these cases. Owners cannot intentionally harm a trespasser (e.g., setting traps). However, if a property owner knows that it is likely trespassers will enter the property, they have a duty to warn of or make safe artificial conditions on the property that could cause serious injury or death.

Yes, if you slip and fall while performing work-related duties, you are eligible for workers’ compensation. Oregon’s workers’ compensation is a no-fault system, meaning that employees do not need to prove that their employer was negligent in order to receive benefits. As long as the injury occurred in the course of employment activities, it is typically covered. It’s important to report the injury to your employer as soon as possible. In Oregon, you must notify your employer about the accident and the injury within 90 days. Your employer should then provide you with the necessary forms to file a workers’ compensation claim. There are certain situations where a workers’ compensation claim might be denied, such as if the injury was self-inflicted, occurred while the employee was committing a serious crime, or happened while the employee was not performing job-related duties.

Hiring an Oregon slip and fall accident lawyer is crucial due to the complex nature of premises liability law and the challenges of proving fault in these cases. Slip and fall accidents can often involve subtle details where the conditions of the accident site may change rapidly. Proving that a property owner or manager knew about the hazardous condition and failed to act can be difficult without legal expertise.

An Oregon slip and fall lawyer can effectively argue the degree of negligence involved and counter any claims that you were at fault. They handle all aspects of negotiations, allowing you to focus on recovery. This support is indispensable in managing the legal process and achieving a favorable outcome in a slip and fall case.

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