If you have been injured on someone else's property, you may be entitled to compensation. Property owners have a legal duty to maintain their premises reasonably safe for visitors and guests. This includes taking steps to prevent foreseeable accidents and injuries. If you have been injured due to a property owner's negligence, contact Portland premises liability attorney Chad Stavley for a free consultation. Chad will review your case and help you determine if you have a valid claim.
The responsibility of property owners depends on the relationship between that property owner and the injured person.
Oregon law recognizes three categories of people for premises liability claims: licensees, invitees, and trespassers. The duties owed by the property owner are different depending on the category of the injured person.
A licensee is a person who is on the property for their own benefit with the owner's permission. Examples include party guests, family members, or visiting friends. The owner is responsible to a licensee for injuries caused by the property's condition when it exists intentionally or in reckless disregard for the safety of others.
They are also responsible for injuries resulting from any hidden dangerous conditions that the owner knows could cause injury, even if the visitor is careful.
An invitee is a person on the property of another with their permission and is there for the economic benefit of the property owner. An example is a customer at a store. A store owner must make their property safe for the customer's visit. First, the owner must look for anything that creates a risk of harm to the customer. Then they must fix the unsafe condition or warn customers of the risk.
When dealing with public property, an invitee is a person using the property for the purpose that the property was made public. For example, a family enjoying an afternoon at a public playground would-be invitees.
With few exceptions, property owners have no duty to trespassers on their land. Exceptions include times when either the owner intentionally harms a trespasser without justification, knows that the trespassing is happening, or in some cases, when the trespasser is a child.
There are many different types of Oregon premises liability cases. Personal injury cases resulting from an unsafe property can include:
One of the most common types of premises liability claims is slip and fall accidents. These often arise when businesses do not do a good job monitoring their floors for spills and hazards. For example, a customer may be looking up at items on shelving and not see spilled liquid on the ground. When they slip and fall onto the hard ground, they can suffer a serious injury. These cases are especially dangerous for older people.
Negligent security claims can result from failing to maintain or establish necessary security systems or hiring security guards. If a property is in a dangerous condition due to crime and the owners do nothing to make the business safe, they may be responsible for the resulting injuries.
A premises liability claim for improper construction or maintenance can be against the property owner, management companies, or the company that did the construction. Examples are improperly installed or maintained handrails and steps.
Typically property owners are responsible for maintaining the sidewalks adjacent to their property. Failing to maintain the sidewalks can result in them becoming a hazard due to heaving from tree roots or prolonged icy conditions to name a few common issues. These conditions can result in trips and falls with injuries.
Parking lots are another common place where property-related injury claims arise. Businesses have a duty to maintain their parking lots. Potholes need to be repaired. Snow and ice need to be removed promptly. Failing to maintain parking lots can lead to serious injuries.
If you think you may have a premises liability claim, you should contact Portland premises liability attorney Chad Stavley for a free consultation. Your consultation is free and confidential. Chad will review the facts of your accident with you and discuss your injuries and your legal options.
You may be entitled to compensation for your injuries. Your damages can include money for past and future medical expenses, lost wages, and pain and suffering. If you have been injured in Oregon, call today for a free case review.
Mr. Stavley represented a man who slipped and broke his leg in an icy Seattle hotel parking lot. The hotel was aware that the ice had accumulated and had done nothing to clear the lot.
We take cases with merit with significant injuries, including broken bones, spinal cord injuries, ligament and tendon tears, and traumatic brain injuries. We are happy to discuss more minor cases but will likely refer you to other attorneys to handle those cases.
We accept significant injury cases throughout Oregon. Call us to discuss your case. Chad will let you know if your accident entitles you to compensation and whether it makes sense to hire us or a lawyer closer to home.
We handle exclusively personal injury cases and take them on a contingent fee basis. That means we take a percentage of what we recover for you. Unlike many premises liability attorneys, we advance all costs so you will not be out of pocket for preparing your accident case.
If the party responsible for the injury is a business, their insurance usually covers the claims. If the responsible party is a homeowner, it is usually their homeowner's insurance company.
Call us or a send a message to have your case reviewed.