When an injury occurs on another person’s or company’s property, the owner of the property may be subject to premises liability and may be responsible for the injury that occurred. Injuries that could fall under premises liability law include slip & fall injuries at places such as Portland restaurants or Beaverton grocery stores, or even injuries that occur at amusement or water parks. We’ve compiled a list of our most commonly asked questions we receive as a Portland premises liability lawyer:
- What exactly is a slip and fall claim?
At their core, slip and fall claims are essentially negligence claims. Any time you visit someone else’s property, there’s an assumption that the property is safe. The level of responsibility a property owner has to their guests varies on the kind of guest and kind of property the guest is visiting. For example, a business has a larger responsibility to ensure a safe environment to their guests than a trespasser can expect while trespassing on private property.
- What am I obligated to tell the insurance adjustor about my slip or fall?
You’re not obligated to tell them anything. The best thing you can do is to contact a Portland premises liability attorney to have them contact the insurance adjustor on your behalf. Essentially, insurance adjustors are looking to save money for their client. Giving them any information about your slip or fall could negatively impact your claim.
- If I was wearing shoes that contributed to my slip and fall, am I still eligible for compensation?
Possibly! Jurors must determine what’s called comparative fault. In order to collect in a settlement, you must not be found more than 50% at fault for your accident. Even if you were wearing clothing that contributed to your slip and fall, as long as there were additional outside factors (spills not cleaned up in a timely manner at a grocery store, or snow not shoveled completely on a slippery sidewalk), you still have a chance at collecting on a claim. A Beaverton slip and fall lawyer can help you determine fault.
- What should I say to the property owner after I’ve been injured?
Like we recommend with other kinds of personal injury accidents, worry about your medical treatment first. Once that’s taken care of, you can concentrate on gathering information if you’re well enough. If you sustain an injury at a business, attempt to contact the manager of the location and take down their contact information. Jot down witness’ contact information as well. If you have an opportunity to take pictures of the area in question, that can be very helpful as well.
- How long do I have to file my claim?
Similar to other negligence claims, you generally have 2 years from the time of the accident to file.
- Can I still bring a claim if the home where I was injured is owned by a family member?
Legally? Yes, absolutely. Keep in mind how you will appear to a jury, though, if you are taking a family member to court for damages. A Beaverton premises liability lawyer can help you navigate a family related slip and fall or premise problem case.
There are a wide variety of injuries that could potentially fall under premises liability. However, there are factors that must be considered regardless of the injury:
- How the property is used
- The circumstances under which the individual came to be present on the property
- Whether or not the accident or injury could be reasonably foreseen
- Whether the owner of the property has made a reasonable effort to place warning signs or make repairs
In cases where the owner of the property has failed to make reasonable repairs, put up warning signs, or has otherwise failed to maintain the property, they may be liable for the accident and/or injuries that have occurred on the property. If you have been the victim of an injury that occurred on another person’s or company’s property, you may be entitled to compensation.
Determining premises liability can be challenging, however, attorney Paul C. Galm has had extensive experience and successes in proving a property owner is liable for a particular injury. He will investigate the accident and the circumstances surrounding it in full in order to secure your right to full and fair compensation for your injuries.
Slip & Fall
Slip & fall accidents occur every day in Portland and Beaverton, and most of them are insignificant or only cause minor injuries. However, some slip & fall accidents are more serious, causing debilitating injuries and in some cases, even death.
Common injuries caused by severe slip & fall accidents include:
- Head injury
- Brain injury
- Broken bones
- Neck injury
- Cuts & lacerations
- Chronic pain
Below is a list of compensation victims of slip and fall accidents may be entitled to:
- Emergency medical treatment
- Ambulance costs
- Hospital bills
- Surgery costs
- Medical device costs including casts, crutches and wheelchairs
- Physical therapy
- Loss of wages
Often, slip & fall accidents happen due to the negligence or carelessness of a property owner or the staff members of a company. Failure to properly maintain the property or failure to remove known hazards may mean the owner of the property needs to be held responsible for the accident and the injury that occurred. If you or a loved one has suffered from a slip & fall in Portland or Beaverton, you may be eligible to receive restitution for the financial burden you have incurred as a result of an accident.
Paul C. Galm is a seasoned personal injury attorney with knowledge of the inner workings of slip & fall cases and the resources you need to prove your case in court. He is committed to fighting for the justice and compensation you need to move on from the accident and begin the healing process.