If you get hurt on someone else’s property, whether it’s a commercial location or a private home, there is a chance that the property owner could be held responsible. The key comes from understanding how premise liability works in Oregon.
Establishing the Injury
Before you can even determine whether you have a case against the property owner, you must prove that you or someone you love was injured in the way you claim. This is rather easy to prove, especially if there are hospital medical records and other forms of evidence documenting your claimed injuries. Always report to the medical provider what caused your injury.
Establishing the Hazard
Once you’ve proven that the injury occurred on the premises, it is next necessary to establish that the injury happened as the result of a hazard the property owner should have protected you from. Is this a hazard the owner knew or reasonably should have known existed? Was the property owner given prior notice of the hazard? The hazard must be specific to the property, such as uneven flooring, unsafe working conditions, or the lack of a warning sign on malfunctioning equipment or dangerous areas.
Establishing Fault
Finally, you must prove that the property owner had a duty of care that they failed to uphold. If you are invited onto the premises as a guest or do not otherwise trespass into a commercial building, the property owner has a duty to keep you safe while you’re there. This means that if they were aware of the hazard and did not fix it or take other measures to mitigate the harm, they may likely be at fault for the injury. You must prove that you were allowed to be on the property and that the hazard was something the owner could have addressed. While trespassers also have some rights, typically, those claims are much more challenging to pursue.
Hiring a Lawyer
Personal injury premises liability cases can be difficult to navigate, which is why you need the help of a professional. At Shlesinger & deVilleneuve, we care about getting you the justice you deserve, and we can help you gather evidence and fight the case. Contact us today.
