Did you slip and fall because of someone else’s negligence?
Everything You Need to Know Now, From An Experienced Slip and Fall Accident Lawyer
If you’ve been injured in a slip or trip and fall, get help from a slip and fall accident lawyer. A slip and fall accident attorney can help you get the compensation you deserve. SLP is proud to be full of determined slip and fall accident lawyers ready to fight for you.
Slip and fall accidents (also known as trip and fall accidents or premises liability cases) can be pretty serious. A recent report from the Centers for Disease Control revealed that slip and fall accidents led to 10.5 million emergency room visits in a single year. Those that were victims of someone else’s negligence deserve compensation for their suffering. They also deserve help from legal professionals who can help them get it.
Experienced accident attorneys, like our team at SLP, have worked on cases involving a wide range of slip and fall accidents. We know how to get the most out of your case, from the initial filing and proving liability or negligence to reaching a settlement or final verdict.
Each state has different laws and regulations about slip and fall cases. Choose an attorney familiar with the slip and fall laws in the state where your case occurred. For example, suppose your slip and fall accident occurred in Oregon. In that case, you should hire an Oregon slip and fall lawyer, like SLP. We can help you navigate any Oregon state laws that may affect your case.
The best way to ensure you receive the compensation you deserve for your accident is to get help from an experienced local lawyer for slip and fall accidents.
How do you prove your slip and fall accident was caused by negligence?
The most significant part of receiving the payment you deserve is proving the other party’s negligence caused your slip and fall accident.
Proving negligence may require showing one of three scenarios to be true:
- A property or business owner or manager created an unreasonably dangerous condition on the premises.
- A property or business should have been aware of potential dangers on the premises, because the property or business has a duty to conduct reasonable inspection of their property in which they likely would have discovered the unreasonably dangerous condition; or,
- A property or business owner or manager failed to fix or repair or warn about an unreasonably dangerous condition on the premises of which they were aware.
If you can show any of these to be true, you could prove negligence. While there are a lot of conditions that could create this situation, proving it can sometimes be challenging.
Any of the following could qualify as potentially dangerous conditions:
- Obstacles or tripping hazards
- Uneven floors or walkways
- Icy walkways
- Missing handrails
- Poorly lit areas
- Slippery, wet floor created by the business owner through its employee
Even when one of these conditions exists, you still need to prove one of the theories listed above and that you acted in a reasonable manner and could not avoid the condition or encounter it with reasonable safety.
Premises Liability Claim: What This Means
A premises liability claim is the name for a lawsuit where one party believes the other owes them compensation for harm done by the condition of a property while they were present. Slip and fall claims and other personal injury cases often qualify as premises liability cases. To win a premises liability case, you have to prove negligence on the part of the business or property owner or manager as described above.
3 Things Essential to a Slip and Fall Case
The outcome of your slip and fall claim will depend on three factors:
- Fault
Did the business or property owner or manager cause the danger through negligence?
- Injuries
Are your injuries and suffering severe enough to warrant compensation? (These cases usually require the injured party to sustain broken bones or an injury that requires surgery for the case to be viable)
- Causation
Did the danger created by the property or business owner or manager lead to your injuries and their severity?
These will affect your claim’s success or failure and, if you win, will also play a significant role in the size of your settlement. To learn more about what your specific claim may be worth, check out our other article, What is my slip and fall settlement worth?
What to do After a Slip and Fall Accident
If you are involved in a slip and fall accident, protect your option to seek compensation by following these dos and don’ts.
Do—Get medical attention
Don’t—Sign any paperwork
Do—Talk to the property manager
Don’t—Give an official statement
Do—Take photos
Don’t—Admit any responsibility
Do—Hire a slip and fall accident lawyer
Don’t—Delay filing your claim
What Oregon Law Has to Say About Slip and Fall Cases
Every state’s laws and regulations regarding slip and fall cases vary slightly. In Oregon, we have a statute of limitations for filing slip and fall claims. The state of Oregon also uses a legal interpretation called “comparative negligence” when evaluating slip and fall cases. Other states may have different timeframes for slip and fall claims or use different standards when considering a lawsuit. That’s why it’s crucial you get help from a personal injury attorney who knows all the local laws.
Oregon Statute of Limitations on Slip and Fall Claims
A statute of limitations is a time limit on how long you have after an accident to settle your claim or file suit to protect your rights. In Oregon, personal injury claims generally have a statute of limitations of two years, which includes slip and fall claims.
If you fail to resolve the matter prior to the applicable statute of limitations, the law considers the case essentially expired, and you will lose the opportunity to seek damages. There can be shorter time requirements as well, e.g. if a governmental entity is the at-fault party like a city government, you must provide a notice of the claim within 180 days of the incident.
In addition, if you attempt to go after your landlord, the statute of limitations is only one year.
Comparative Negligence
Oregon evaluates slip and fall cases using a legal concept called comparative negligence. That means the court can decide you share some of the responsibility for the accident that caused your injury. However, you can still win your case as long as the court deems your responsibility contributed less than 50 percent to the total cause of the incident.
While you can still win cases where you share partial responsibility, it will affect your final settlement amount. The court will reduce the percentage of the final compensation award you receive by the same percentage a jury determines to be your fault in causing the incident. In Oregon, in almost all cases, a jury assesses some fault on the injured party.
Essentially, comparative negligence means victims receive compensation only for the portion of the damages the court decides the other party was responsible for. But, if the court decides it was mostly your fault, you will most likely end up with nothing.
Ensure you get the most out of your slip and fall accident settlements by getting help from a personal injury attorney who understands the Oregon statutes.
How a Slip and Fall Attorney Helps You Seek Justice
Many factors affect your slip and fall case. Your actions, the habits of the location authority, the awareness the general public deems “reasonable,” and local statutes all play a role in how successful your claim might be and significantly affect the damages you’re entitled to. An experienced local slip and fall attorney can put every aspect of your case together to help you get the compensation you deserve.
An attorney has the resources to help you gather everything about your case into one place and ensure you comply with all the critical deadlines and statutes. They can help you establish the fault of the property or business owner or operator, reduce your responsibility and maximize your compensation.
Want a Free Legal Consultation? Contact Swanson Lathen and Prestwich
Speak with an experienced slip and fall accident attorney today! Call SLP Law for a free consultation on your slip and fall personal injury.