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Guiding You Toward Justice: Your Slip and Fall Advocate in Portland
At Newlin Law Offices, we understand the physical, emotional, and financial toll that slip and fall incidents can take on victims and their families. Our dedicated team is committed to helping you seek justice and pursue the compensation you deserve. We approach each case with compassion, diligence, and a deep understanding of premises liability laws in Oregon.
Whether you've suffered injuries in a grocery store, a restaurant, or any other public or private property due to negligence, we're here to guide you through the legal process. Our goal is to hold responsible parties accountable for their actions and to help you regain control of your life.
Contact us today for a free consultation and take the first step toward securing the compensation you need to move forward.
What Are Slip and Fall Accidents?
Slip and fall accidents are a common type of personal injury incident that occurs when an individual loses their balance and falls due to hazardous conditions on someone else's property. These accidents are typically associated with premises liability, a legal theory under which property owners or occupiers are responsible for maintaining a safe environment for visitors and guests.
Slip and fall accidents can involve various factors, including:
- Wet or slippery surfaces
- Uneven or damaged flooring
- Inadequate lighting
- Unsecured cords or obstacles
- Icy or snowy conditions
- Failure to provide safety measures
- Subpar construction or design
When property owners do not maintain their properties, they may be held responsible for paying for medical and rehabilitative costs associated with accidents that occur due to their negligence.
Where Do Slip and Fall Accidents Commonly Occur?
In Portland, Oregon, slip and fall accidents can occur in various locations, due to the city's diverse landscape and weather conditions. Common areas where slip and fall accidents often happen include:
- Retail stores and supermarkets
- Restaurants and bars
- Hotels and motels
- Apartment complexes
- Public streets and sidewalks
- Construction sites
- Healthcare facilities
- Public transportation
- Shopping malls
- Parks and recreational areas
- Private residences
If you've been injured in a slip and fall accident in any of these locations due to negligence, you may be entitled to compensation. Reach out to Todd Newlin for a free consultation to discuss your case and explore your legal options.
Common Injuries in Slip and Fall Accidents
Slip and fall accidents can result in a wide range of injuries, some of which can be minor, while others can be quite severe. Common injuries that can occur in slip and fall accidents include:
- Bruises and contusions
- Sprains and strains
- Fractures
- Head injuries
- Back and spinal cord injuries
- Cuts and abrasions
- Dislocations
- Soft tissue injuries
- Emotional distress
It is important to seek medical attention following an accident, as prompt care can mitigate any long-term harm you may experience. Seeking medical care can also provide documentation your legal team can use to support your claim.
Understanding Premises Liability Laws in Oregon
Premises liability laws in Oregon, like in many other states, are designed to hold property owners or occupiers accountable for maintaining safe premises and ensuring that visitors and guests are protected from foreseeable hazards.
Here's an overview of premises liability laws in Oregon:
Duty of Property Owners
In Oregon, property owners and occupiers owe a duty of care to anyone who enters their property, whether they are invited guests, customers, or even trespassers in certain circumstances.
Premises must be maintained in a safe condition, and owners must take reasonable steps to prevent accidents and injuries. This may include addressing potential hazards on their property, such as slippery surfaces, uneven walkways, or loose flooring.
If immediate remedies are unavailable, marking hazards with visible signs and cones until they can be dealt with can help visitors stay away from dangerous areas and avoid injury.
How to Approach an Oregon Slip and Fall Accident Lawsuit
In order to establish liability in a slip and fall case in Oregon, the following elements generally need to be proven:
Duty of Care
The plaintiff (injured party) must demonstrate that the property owner owed them a duty of care. This duty exists when the plaintiff is legally on the property or has been invited for a lawful purpose, such as being a customer in a store.
Breach of Duty
The plaintiff must show that the property owner breached their duty of care by either creating a hazardous condition or failing to address a known hazard in a reasonable amount of time.
Causation
It must be established that the breach of duty was a direct cause of the slip and fall accident and resulting injuries.
Damages
The plaintiff must have suffered actual damages, such as medical expenses, lost wages, pain and suffering, or property damage.
Accidents happen, but in Oregon, determining who is at fault for a slip and fall isn't always simple.
Oregon follows a "comparative negligence" system, meaning the jury can divide fault between the injured party and the property owner or business.
Watch Todd Newlin explain how comparative negligence affects slip and fall claims in Oregon
In the video above, Todd Newlin explains how even if you were partially at fault for a slip and fall, you can still potentially recover compensation for your injuries. The amount you receive, however, may be reduced by the percentage of fault assigned to you.
Example:
If the jury determines you suffered $100,000 in damages but finds you were 25% responsible for the slip and fall, your compensation would be reduced by $25,000, leaving you with a potential recovery of $75,000.
Defense Tactics:
Insurance companies representing businesses often try to shift as much blame as possible onto the injured party. They may argue that you weren't paying attention, weren't wearing appropriate footwear, or should have seen the hazard.
Our Approach:
At Newlin Law Offices, we'll work to minimize your percentage of fault by:
Investigating the circumstances: We'll gather evidence to demonstrate the property owner's negligence – lack of warning signs, poor lighting, failure to address known hazards, etc.
Presenting a strong legal argument: We'll skillfully advocate for your rights, countering the defense's attempts to shift blame.
Contact us for a free case review to discuss your slip and fall accident and how comparative negligence may apply.
Watch Todd Newlin explain how comparative negligence affects slip and fall claims in Oregon
In Oregon, if you slip and fall and want to make a claim for your injuries, it's important to understand the comparative negligence standard for situations where both you and the property owner might be at fault.
Here's how it works:
If you slip and fall on someone else's property because the property owner didn’t clean up spilled liquid, the property owner might say that you did something wrong, too, and that's why you fell.
The court or jury will work to determine whether you were at all responsible for your accident and what percentage of the blame is yours.
If you're found partly at fault, it doesn't mean you can't get compensation. Oregon follows a modified comparative negligence system, which means you can still get money for your injuries as long as your share of the fault was not greater than the combined fault of any other parties.
For example, imagine you're awarded $10,000 in damages, but the court decides you were 30% responsible for the accident because you weren't paying attention to where you were walking. You would still be able to pursue compensation, as your share of the fault was under the 51% standard. However, your compensation would be reduced by your share of the fault.
What Damages Can You Recover in Oregon?
In an Oregon slip and fall claim, you may be eligible to recover various types of damages if you can prove that the property owner's negligence led to your injuries. The potential damages you can recover include:
Medical Expenses
You can seek compensation for all reasonable and necessary medical costs related to your slip and fall injuries. This includes doctor's bills, hospital fees, prescription medications, rehabilitation, and future medical expenses if your injuries require ongoing treatment.
Lost Wages
If your injuries prevent you from working, you can pursue compensation for lost wages during your recovery period. This may also cover any reduction in your earning capacity if your injuries result in a long-term disability.
Pain and Suffering
Slip and fall accidents often cause physical and emotional pain and suffering. You may be entitled to compensation for the pain, distress, and inconvenience you've experienced due to your injuries.
Property Damage
If your personal belongings were damaged in the accident, such as clothing or electronic devices, you can seek reimbursement for these losses.
Loss of Consortium
In some cases, spouses or family members of the injured party may be eligible to seek compensation for the loss of companionship, care, and support they would have received from their loved one if they hadn’t been injured.
Punitive Damages
In rare instances where the property owner's actions were particularly reckless or intentional, punitive damages may be awarded. These damages are meant to punish the defendant and discourage similar behavior in the future.
It's important to understand that the specific circumstances of your slip and fall case will determine the damages you can recover. Pieces of evidence, such as medical records, accident reports, and witness statements, play a crucial role in establishing the extent of the damages to which you are entitled.
Our Proven Results:
Past Case Success
How Our Slip and Fall Attorney Can Help
Todd Newlin is here to provide you with the support and legal representation you need when facing the challenges that come with a personal injury. We understand that slip and fall accidents can result in significant physical, emotional, and financial burdens.
Here's how Newlin Law Offices can assist you:
- Case Evaluation: We'll thoroughly review the details of your slip and fall incident, gathering evidence to establish liability and negligence.
- Legal Knowledge: Todd Newlin has vast experience with premises liability cases, bringing a wealth of knowledge and experience to your claim.
- Negotiation: We'll skillfully negotiate with insurance companies and at-fault parties for a fair settlement that covers medical expenses, lost wages, and pain and suffering.
- Litigation: If necessary, we're prepared to take your case to court and advocate aggressively on your behalf.
If you've suffered injuries due to a slip and fall accident, don't hesitate to reach out for a free consultation. Let Todd Newlin be your advocate during this challenging time.
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