Under Oregon law, property owners have a duty to maintain safe premises and address potential hazards. Even though these laws are in place to prevent injuries, many Oregon property owners fail to meet their legal obligations. Common premises liability scenarios include swimming pool and slip-and-fall accidents, falling objects, and dog bites.
Suppose you were injured in a slip and fall accident in an apartment complex due to uneven sidewalks in Goose Hollow, or tracked-in water at the entrance of Design Center in Burnside. In that case, you may be able to seek compensation for medical expenses, lost income, and pain and suffering. Contact our law office today to schedule a free consultation with a Portland lawyer who can determine your legal options.
What Is Premises Liability and How Oregon Defines Property Owner Responsibility
Portland premises liability law requires property owners and occupiers (business operators, tenants, renters, etc.) to maintain safe conditions. Part of their duty is to regularly inspect their premises, repair unsafe conditions, and adequately warn guests of dangerous conditions to prevent injuries.
Property owners are obligated to keep their premises in a safe condition to prevent injuries to visitors. Common responsibilities include addressing issues such as wet floors, icy walkways, cluttered walkways, or other structural hazards.
Landlords’ obligations include maintaining habitable conditions, mitigating safety risks, and implementing safety measures.
Under Oregon law, visitors are placed into categories that define the property owner’s duty of care:
Invitees
Under Oregon law, invitees (business visitors) are owed the highest duty of care and are usually individuals who enter the property for the owner’s benefit. Common examples include store customers, clients, or those on public property. Owners must warn invitees of hazards and make repairs accordingly.
Licensees
Licensees are guests of the property owner who have permission to be on the property but are not there for business purposes. Examples include friends, family, and others. Although the property owner must warn their guest of known hazards, they do not have the legal duty to inspect.
Trespassers
Trespassers, those who do not have permission to be on the premises, are owed the lowest duty of care under Oregon law. There are, however, exceptions for children, as outlined under the state’s attractive nuisance doctrine, such as when they enter unfenced swimming pools or construction sites.
Common Types of Premises Liability Claims in Portland
While individuals can be injured in many ways on another person’s property, certain types of premises liability claims occur more frequently than others, including:
Slip and Fall Accidents
Portland is well known for its rainy and winter weather, which leads to icy public sidewalks and wet entryways and floors in grocery and convenience stores, creating an ongoing slip-and-fall hazard.
Negligent Security
Some areas of Portland regularly report higher crime rates, especially around specific apartment complexes, nightclubs, or parking garages. Property owners in these locations may owe a duty to provide adequate security by hiring security guards and installing locks and proper lighting.
Dog Bites on Someone Else’s Property
Oregon follows a strict “one-bite” liability statute (ORS 31.360), making dog owners liable for injuries if their dog bites someone lawfully on their property. Owners are responsible for
controlling their dog and may be held liable for allowing it to become a public nuisance.
Swimming Pool and Recreational Hazards
Swimming pools and other recreational hazards, such as hidden mine shafts on private land used by hikers, often lead to accidents. Even so, these hazards often qualify as attractive nuisances for child trespassers, resulting in injuries.
Toxic or Hazardous Conditions
Victims suffer injuries from lead paint that has not been properly disposed of, or exposure to mold or toxic chemicals.
What You Must Prove in an Oregon Premises Liability Case
If you have been injured in an Oregon premises liability case, there are four legal elements that you must prove, including:
- The property owner or manager owed you a legal duty of care.
- The owner or manager knew or should have known about the hazard and, by not taking action, breached that duty.
- The breach directly caused your injury.
- You suffered actual damages such as medical bills, lost wages, or intangible losses such as pain and suffering.
How Comparative Negligence and Oregon Statutes Affect Your Claim
Oregon personal injury law follows a modified comparative negligence doctrine (ORS 31.600), meaning that your percentage of fault reduces your compensation. Under the law, if it is determined that you were 51% or more at fault, you are barred from recovering financial compensation.
For example, if you are awarded $100,000 but found to be 25% at fault, you will receive $75,000 as a final settlement. One of the most common tactics insurance companies use is to claim that the hazard was “open and obvious.” Even so, Oregon courts will often reject this argument if it is determined that the property owner could have taken reasonable steps to address the hazardous condition.
What to Do If You Were Injured on Someone Else’s Property
If you have been injured on someone else’s property, there are specific steps that you must take to protect your right to file a claim including:
- Report the incident to the property owner or manager. Making sure that you request a copy of the incident report for your records.
- Thoroughly document the accident scene by taking pictures and videos of the hazard the caused your injury as well as your injuries.
- Obtain the names and contact information of bystanders who witnessed the accident.
- Seek medical attention immediately. Often insurance companies quickly try to deny claims if an injury victim has not been examined by a medical professional.
- Do not agree to give a recorded statement to the property owner’s insurance company.
- Contact a Portland premises liability attorney immediately.
Promptly contacting an attorney allows them to begin working on your case from the start and ensures you do not exceed Oregon’s two-year statute of limitations. Failing to file within the two year time limit will most likely result in your case being thrown out.
Contact Tillman Law today at 855-503-5035 to schedule a free consultation to discuss your Portland premises liability case and learn more about our legal services.
