5 Common Types Of Premise Liability Claims in Oregon
Accidents happen and most of the time there’s a reason why the accident happened. That reason is usually negligence. When someone is injured in an accident caused by someone else’s negligence, they can recover damages by filing a personal injury claim. If you were injured on someone else’s property in the state of Oregon, you should reach out to a reliable attorney at Adams, Hill and Hess. Filing a premises liability claim is not as easy as it sounds. You have to follow the legal procedures and establish all four elements that constitute negligence:
- Duty of care
- Breach of duty
- Injury
- Damages
Let’s have a look at the most common types of premises liability claims seasoned Oregon lawyers have to deal with on a daily basis.
Slip and falls
Slip and falls are by far the most common type of premises liability cases in Oregon. According to the experienced lawyers at Adams, Hill, and Hess, the most important thing is to document your accident well. This involves taking photos of the area where you slipped, focusing on what caused the accident. Maybe the floor was slippery or strewn with debris. Maybe the steps were worn out or the pavement outside the shop was covered in ice. Keep in mind that, after you leave the area the owner may quickly clean the floor or repair the broken steps and you’ll be left without a crucial piece of evidence. Also, make sure to get the names and contact info of all witnesses.
Equipment injury
This refers to accidents that happen at a gym, a pool, or an amusement park. The lawyers at Adams, Hill and Hess see such cases often and warn that the consequences of an equipment injury can be quite dramatic. The owners of such establishments are required to check all the equipment, test for safety, and provide maintenance as needed. When you file a personal injury claim, your lawyers will want to see safety and maintenance records. If they can prove that the owners knew there was a problem with a certain piece of equipment and did nothing about it, you have a clear case of negligence. The owner will be liable for all your damages, both the financial ones and those associated with your pain and suffering.
Falling objects
This type of accident is more common in stores where clients may be injured by boxes of merchandise falling from a top shelf. However, such an accident can happen anywhere. There have been cases of children injured when a product display fell over them. Even a large flower pot can cause serious injury if it is not properly secured. The knowledgeable lawyers at Adams, Hill and Hess warn that you must see a doctor as soon as possible after the accident. When you file a claim you will need medical records showing that your injuries were directly caused by the accident you were involved in. If you don’t have proof you required medical attention right away, the other party may claim your health issues have nothing to do with the incident on their premises.
Lack of security
This refers to hotels as well as residential buildings. The owners are required by law to take steps to ensure the safety of their visitors or residents. For instance, if you live in a condo and you are injured in a burglary on the premises, your lawyers will examine the security measures in place. If the lock on the gate was broken or the entrance was poorly lit, these elements constitute negligence. Your lawyers will show in court that nothing would have happened if the gates were secured.
Dangerous dogs
If you visit someone and you get bitten by their dog you can sue the owner. Oregon has strict laws concerning dangerous dogs. Any dog owner who knows (or has reason to believe) their pet is “abnormally dangerous” is liable for damages when the animal attacks someone. This is also known as the “One Bite Rule” so you won’t have to prove that the animal was known to be violent and had attacked other people before. You can use this law even if you are attacked by a dangerous pet in a public place.
- Steps to Stay Compliant with Regulations When in Business - January 27, 2023
- 5 Common Types Of Premise Liability Claims in Oregon - January 27, 2023
- Gun Sense Candidate - August 6, 2020
Leave a Reply
Want to join the discussion?Feel free to contribute!