When a person is injured because of a dangerous condition, the injury is referred to as a premises liability claim. There are numerous types of premises liability claims. The most common form of a premises liability claim is a slip and fall injury.
If you are injured on someone else’s property, be it at a grocery store, a mall, a movie theater, an apartment complex, or even someone’s home, and your injury was caused by the negligence of another person or entity, you may have a premises liability case. You should call the experienced attorneys at Kroll & Johnson, P.C. for a free consultation. Remember, we do not get paid unless we recover compensation for you.
Oregon Slip and Fall Injuries
Injuries that result from slip and falls can be devastating. When a victim is injured as a result of an unsafe condition on a floor, whether it is from poor design or inadequate maintenance, the victim or the victim’s family may be entitled to compensation. This is because property owners have a legal obligation to keep their properties in a safe condition. Additionally, property owners have a duty to inspect their property for dangerous conditions and hazards, and take appropriate action if hazards are discovered. If property owners needlessly endanger anyone who is lawfully on their property and an injury results, then they are legally responsible for compensating the injured person.
Why are slip and fall injuries so devastating?
The classic slip and fall injury results from a floor being dangerously slippery, usually from the result of a foreign substance. It could be something as simple as water being tracked in from the outdoors. It could be cleaning fluids applied in too great a concentration. It could be a different substance that leaked or was spilled on the floor. It is important to understand why slip and falls can be so devastating. The mechanism of injury is the forceful, uncontrolled backwards fall. Oftentimes the person does not have the opportunity to brace for impact because they are caught off guard. An alternate mechanism of injury occurs when a victim’s foot slides backward, resulting in a forward fall that can result in injuries to the victim’s wrists and arms as the person attempts to brace for the fall.
What to do if you have been injured in a slip and fall accident in Oregon
The most important step to take after being injured in a slip and fall is to seek medical and legal help as soon as possible. Additionally, if you are able to you must report your injury to the property owner as soon as possible. Most commercial property owners have forms available that you can fill out to report the injury. If you are incapacitated and not able to report the incident, then have a friend or loved one do so.
Why is it important to retain a personal injury attorney that has litigated Portland premises liability cases?
An experienced personal injury attorney acts as an advocate and investigator to ensure that if you have been injured in a slip and fall accident you receive the compensation that justice demands. It is imperative to have an attorney on your side if you have been injured in a slip and fall accident, for a number of reasons. First, the hazardous condition that caused the slip and fall must be identified and the evidence must be preserved as soon after the incident as is possible. It is unfortunate, but evidence in slip and fall cases all too often is either destroyed or disappears. This is often because property owners have an interest in “cleaning up” any remnants or evidence of the hazard. Witnesses must be contacted and their statements taken. Second, it isn’t always clear who owns the property. This requires research in property records and business databases. Sometimes, multiple entities might be responsible for the dangerous condition. This is referred to as “joint liability.” For example, stores have janitorial or maintenance services that may bear responsibility for the injury. It is important that the negligent parties be identified and properly included in the claim from the outset to avoid unnecessary complications later on.
What sort of damages can I recover if I’ve been injured in a slip and fall accident?
If you were injured due to someone else’s negligence, you can recover the following types of damages:
- Damages for pain and suffering;
- Damages for past and future medical bills;
- Damages for lost wages;
- If the injury is permanent, damages for future lost wages;
- Damages for replacement services.
While no amount of money damages will make up for the disruption in your life that a serious injury will cause, it is the only suitable remedy provided for by the law. It is important to keep in mind that by bringing a claim for an unsafe condition you are making the world safer for other people.
If you have been injured in a slip and fall case, contact the personal injury lawyers at Kroll & Johnson, P.C. today.