What to Do After an Injury on Someone Else’s Property
When you’re injured on someone else's property, it can be a stressful and confusing experience. Whether it happens at a store, restaurant, or private home, a premises liability claim may be your path to compensation for medical bills, lost wages, and pain and suffering.
In Oregon, the law holds property owners accountable for maintaining a safe environment. If they fail in their duty of care, they can be liable for injuries that occur on their premises. A premises liability attorney can guide you through the process, giving you the knowledgeable advice needed to traverse the legal system.
At Lyndon Ruhnke, P.C., I can help you understand your legal rights, gather crucial evidence, and advocate for fair compensation. Let’s explore how premises liability law works in Oregon, as well as what steps to take after an injury, can help protect your rights and improve your chances of a successful claim.
Premises Liability in Oregon
Premises liability law holds property owners and occupiers responsible for accidents that happen due to unsafe conditions on their property. In Oregon, these laws are designed to protect visitors from harm caused by negligent property maintenance.
Under Oregon law, property owners must take reasonable steps to fix or warn people about dangerous conditions on their property. This includes hazards like slippery floors, faulty railings, poor lighting, or unmarked obstacles.
If an injury occurs due to one of these conditions, the injured person may be able to file a premises liability claim.
Property owners in Oregon have different duties depending on the type of visitor. Visitors are categorized into three groups: invitees, licensees, and trespassers.
An invitee is someone who enters the property for the benefit of the property owner (like a customer at a business), while a licensee is someone who enters the property for their own benefit (like a social guest). Trespassers are those who enter the property without permission.
In Oregon, property owners owe the highest duty of care to invitees. For licensees, the duty of care is slightly lower. Trespassers have the least protection under premises liability law, but there are exceptions, especially when it comes to children.
Now that we understand what premises liability is and the responsibilities of property owners, let’s explore what to do if you’re injured on someone else’s property.
Steps to Take After an Injury on Someone Else’s Property
If you’re injured while on someone else’s property, taking the right steps is crucial to protect your legal rights. Documenting the incident, seeking medical attention, and gathering evidence will help you build a strong case should you decide to file a claim.
Seek Medical Attention Immediately
Even if your injury seems minor at first, it’s important to seek medical attention as soon as possible. Injuries such as concussions, sprains, and fractures may not show full symptoms right away.
Prompt treatment allows your injuries to be properly diagnosed and treated. It also creates a medical record that can be crucial for your claim.
Report the Incident to the Property Owner or Manager
It’s essential to notify the property owner or manager of the injury as soon as possible. This helps establish that the property owner was aware of the incident. Ask for a copy of the incident report if available. This report can serve as evidence later if you pursue a legal claim.
Document the Scene of the Accident
If possible, take photographs of the hazardous condition that caused your injury. A clear picture of the danger can help illustrate your claim and prove that the property owner was negligent.
Additionally, gather the contact information of any witnesses who may have seen the accident happen. Their statements can support your version of events.
Keep Detailed Records of Your Injury
Document every detail of your injury, including medical visits, treatments, and any expenses incurred. If you miss work due to your injury, keep track of the time lost and any wages missed. This information will be vital for calculating the compensation you seek.
Consult With a Premises Liability Attorney
After an injury, it’s wise to consult with a premises liability attorney. They’ll review the circumstances of your injury and determine whether you have a valid claim.
Having legal representation from the beginning helps make sure that your rights are protected and that you aren’t taken advantage of by insurance companies.
With a better understanding of the actions to take after an injury, it’s important to examine the role of a premises liability attorney in helping you achieve a successful outcome.
Types of Compensation in Premises Liability Claims
If you’re injured on someone else’s property, you may be entitled to compensation for various damages. The amount you can recover depends on the severity of your injury and how it has impacted your life.
Common types of compensation include:
Medical expenses: This includes the costs of hospital stays, doctor visits, surgery, medications, physical therapy, and any future medical treatment required.
Lost wages: If your injury prevents you from working, you may be able to recover lost wages for the time you missed. This may include compensation for both short-term and long-term losses.
Pain and suffering: In Oregon, you may be entitled to compensation for the physical pain and emotional suffering caused by your injury. This type of compensation can be difficult to quantify but is an essential part of many premises liability claims.
Property damage: If your property, such as clothing, a phone, or other personal items, was damaged in the accident, you could recover the cost to repair or replace those items.
Punitive damages: In some cases, when the property owner’s actions are particularly egregious, a court may award punitive damages as a way to punish the property owner and deter similar conduct in the future.
Knowing what damages you could be entitled to can help you prepare for the claims process. Next, let’s discuss how comparative negligence might affect your case.
Exploring Comparative Negligence in Oregon
Oregon follows a comparative negligence rule, which means that if you were partially at fault for the injury, your compensation might be reduced by your percentage of fault.
For example, if you were injured on a slippery floor but weren’t paying attention to the warning signs, the court may determine that you’re partially responsible for the injury.
However, Oregon’s comparative negligence rule allows you to recover compensation even if you’re partially at fault, as long as your fault isn’t greater than 50%. If your fault is 50% or more, you may not be entitled to any compensation.
A premises liability attorney can help determine how comparative negligence might affect your case and make sure that you aren’t unfairly blamed for the injury. They’ll also help gather evidence to minimize your level of fault and maximize your potential recovery.
With the intricacies of comparative negligence in mind, let’s now explore what happens if your premises liability case goes to trial.
What to Expect If Your Premises Liability Case Goes to Trial
While many premises liability cases are settled out of court, some may require a trial. If this happens, you can expect a formal legal process where both sides present evidence and argue their case before a judge and jury.
The trial process can take several months, depending on the intricacies of the case. Here’s what you can expect during a trial:
Jury selection: In most premises liability trials, a jury will be selected to hear the case. Both sides will have the opportunity to question potential jurors to make sure that they’re impartial.
Opening statements: Both the plaintiff (you) and the defendant (property owner or their insurance company) will give opening statements outlining their arguments and what they intend to prove.
Presentation of evidence: Both sides will present evidence to support their case. This may include witness testimony, reports, and photographs of the scene.
Closing arguments: After all the evidence has been presented, both sides will give their closing arguments, summarizing the key points of the case.
Jury deliberation and verdict: After the closing arguments, the jury will deliberate and return a verdict. If they rule in your favor, you may be awarded compensation for your injuries.
While the trial process for a premises liability case can be lengthy and complicated, understanding each stage of the process can help you prepare for what lies ahead and make sure that your case is presented effectively.
Speak to a Premises Liability Attorney Today
If you’ve been injured on someone else’s property, consider consulting with an experienced premises liability attorney who can evaluate your case and advocate for your rights. Reach out to me, Lyndon Ruhnke, P.C., for legal guidance.
I’m proud to serve clients in Gresham, Oregon, as well as the Portland Metropolitan Area, including Portland, Beaverton, and across Oregon. Contact me, Lyndon Ruhnke, P.C., today.