Premises Liability
You need strong legal representation, if you get injured due to the negligence of a property owner. Our experienced premises liability lawyers here in Portland, Oregon will assist you in your premises liability claim and get you the damages that you are entitled to. We offer free consultations to begin the process of handling your case and legal rights.
A Portland premises liability attorney can evaluate your claim and help you understand your rights, pursue compensation, and navigate the complexities of premises liability laws following negligent property owner actions.
What Is Premises Liability? Knowing Your Legal Rights
The term premises liability refers to the legal responsibility property owners, landlords, and businesses have to keep their premises reasonably safe for visitors. Visitors to a property fall into categories that affect the duty of care owed to them: invitees, licensees, and trespassers. Property owners generally owe a minimal duty of care to trespassers, with significant exceptions, particularly for children. Oregon has specific laws regarding liability when children are involved in premises liability cases, particularly under the Attractive Nuisance Doctrine. When an individual sustains an injury due to lack of maintenance of a property, or the property contains known dangerous conditions that have not been addressed, there may be a case for compensation. The objective is to demonstrate that an injury was inflicted as a direct result of negligence on the part of the property owner.
The Most Common Types Of Premises Liability Cases We Handle
Our legal office assists with numerous kinds of premises liability cases which makes it much easier for you to get the legal assistance that you require without having to worry too much about the specifics of your case.
Trip and Fall Accidents
Uneven sidewalks, wet floors, loose carpeting, and other hazardous conditions can cause serious trip and fall accidents. Property owners have a duty to maintain safe premises for visitors, and when they fail to do so, injuries can occur. If you or a loved one has suffered injuries due to unsafe walking conditions, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Our attorneys are dedicated to holding negligent property owners accountable and securing the justice you deserve.
Dog Bites and Other Animal Attacks
When an animal is improperly cared for and poses a threat to visitors, it can lead to very serious injury in animal attacks. If you or a loved one has suffered injuries due to a dog bite or other animal attack on someone else’s property, you may be entitled to financial compensation. Our attorneys can help you recover costs related to medical care, emotional distress, and any long-term impacts of the incident.
Negligent Security and any Criminal Acts on Someone Else’s Property
As in all commercial and residential premises, security should always be a concern. When proprietors fail to mitigate certain risk factors like inadequate lighting, lack of surveillance cameras and absence of security personnel can make visitors exposed to vandalism. If you have been a victim of assault in a poorly lit parking lot or any other crime, our trial attorneys can help you prove that the property owner failed to fulfill their duty of care and you suffered injuries because of that.
Swimming Pool Injuries and Accidents
Swimming pools can be dangerous if there is no lifeguard on duty, the pool is not fenced in, or it is not properly cleaned and maintained. If you have sustained injuries from these reckless circumstances, you may be entitled to receive a settlement from a negligence claim. We relentlessly pursue business owners and property managers who fail to build secure premises to protect victims and their families, resulting in receiving the compensation they deserve.
Escalator and Elevator Accidents
Lifts, escalators, and other elevators are essential parts of modern buildings. However, if these systems are not properly serviced and maintained, they pose the risk of severe injuries. Whether it is a fall that has led to serious spinal injuries or head injuries caused by an elevator’s failure to function correctly, our personal injury lawyers understand how conditions not being safe played a role in your accident and will ensure you get the right representation.
Construction Accidents & Dangerous Worksites
Construction work can be willed with risks. A construction firm and property management need to keep certain safety measures in mind. If they don’t, the results can be dangerous. These range from serious injury due to falling, mechanized equipment failing, or being exposed to toxic substances and materials, leading to severe repercussions for everybody.
Who Is Liable for Premises Liability Cases?
Claims against property owners for permissible liability issues are an integration of complex problems revolving around the property owner’s legal responsibility and obligation to take care of their premises. Normally, business owners, landlords, and property managers bear the principal responsibility when it comes to providing safe environments for other people. Property owners owe the highest duty of care to invitees, who are on the property for business purposes. Under Oregon law, property owners are required to maintain safe conditions and warn of hazards to fulfill this duty. If there are known risks, that these people do not resolve, and that issue, they can be held liable on the grounds of negligence, which then results in injury.
In most of these cases, damages associated with the injuries of victims are often harshly downplayed, while claim denials are common.
How to File a Premises Liability Claim in Portland, Oregon
Those looking to file a premises liability claim might feel daunted, however, being aware of the right approach can ease the process. After an accident occurs on someone else’s property, the evidence must be collected as soon as possible. This includes witness accounts, images of the dangerous location, and any injuries the victim suffered from. All of this evidence is very important in supporting the case. The burden of proving negligence in premises liability claims often lies with the injured party, making legal representation beneficial.
After collecting as much information as possible, consulting a knowledgeable premises liability attorney who can assist you will be the next step. A qualified premises liability attorney can help gather evidence and negotiate with insurance companies. Many premises liability attorneys operate on a contingency fee basis, meaning clients only pay if they win their case. In our first meeting, we would properly review the details of the accident and guide you through your legal options.
What Kind of Damages Are Recoverable In A Premises Liability Lawsuit?
Some of the major areas of compensatory damages include but are not limited to the following:
Medical expenses: The principal healthcare-related expenses, hospital bills, ongoing treatment, rehabilitation, and any future medical expenses from the injuries will all be covered.
Lost Wages: Compensation received for income, assuming the injury has made it difficult to work, will also be covered for injuries that directly or indirectly impact the ability to work. Economic damages in premises liability claims refer to calculable expenses like medical bills and lost wages.
Emotional distress: Pain and dependent suffering as well as anxiety and other emotional damage will affect the quality of life and therefore will also be covered as part of damages for emotional distress. Non-economic damages encompass pain and suffering, fear, anxiety, and loss of quality of life in premises liability claims.
Long-Term Disability: In cases where the injury results in long-term or permanent damage, further compensation may be given in order to address the long-term impact of the accident.
Statute of Limitations for Liable Cases in Oregon
If you are trying to file a premises liability claim, one of the first things you must keep in mind is the statute of limitations. The statute of limitations for filing premises liability claims in Oregon is typically two years from the date of the incident. There’s a fixed time period in Oregon in which you can file for your lawsuit, if that period expires then you will forfeit your right to obtain compensation. Oregon has no caps on economic damages in premises liability claims, but non-economic damages are capped at $500,000. The clock is ticking, so it’s important to get in touch with a law firm for personal injuries as soon as possible following your injury. Our team is prepared to help you navigate through the legal process accordingly while making sure all actions are taken on time.
Contact Our Portland Premises Liability Lawyer – Free Case Evaluation
We are happy to provide you with guidance in the legal aspects of your case. These sessions are meant to help our clients and in this particular one, we will:
● Discuss the law processes surrounding your case.
● Go through the details of the compensations that can potentially come your way.
● Analyze your questions concerning your legal liberties.
● Identify the circumstances of your accident to determine if it qualifies for legal action.
Schedule Your Free Initial Consultation Today
Take the first step towards receiving the justice you truly deserve.
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At the Law Office of J. Clay McCaslin, we stand by you every step of the way to ensure you receive the justice and compensation you deserve.
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