In Oregon, if you are injured on another person's property, you may have a claim for your losses if the property owner was careless or negligent in maintaining the property. However, the landowner or possessor's responsibility depends upon your status on the property. Also, the landowner may enjoy statutory immunity from responsibility for injuries sustained on the property, even if they are obviously negligent or careless.
However, if a private homeowner or business owner carries liability insurance, you may still be able to obtain some coverage for your medical expenses. Many homeowner's insurance policies include coverage known as "no-fault medical expense." If someone is injured on the property, then the homeowner insurance policy will cover medical expenses up to a monetary limit. Typical homeowner's policies provide no-fault medical coverage up to $1,000.00. A commercial liability policy often carries a $5000.00 limit for medical expenses. The term "no-fault" simply means that this coverage is available, regardless of whether the landowner or possessor of the property negligently caused your injury.
Although premises liability cases can be difficult, if properly investigated early after the injury, you may be able to show that the landowner failed to follow the proper rules or procedures in making the property safe.
If you have questions about a premises liability case, call us at 503-325-8600. We can explain the various legal standards involved, and let you know whether not you have a viable case.
