In this case, the Oregon Court of Appeals found that an expert witness opinion prevented dismissal of a "trip and fall" claim against a defendant convenience store.
Plaintiff filed a claim against a market, alleging that the market did not properly maintain a floor mat. As result, the floormat folded over itself and windy conditions, and as a result, the Plaintiff tripped and fell, sustaining an injury. The Defendant store filed a motion for summary judgment, arguing that there were no genuine issues in dispute, and that as a matter of law, the Plaintiff could not prevail, even if the jury accepted all of the Plaintiff's injury.
In an effort to avoid dismissal of the case, the Plaintiff's attorney filed an affidavit indicating that he had secured an expert who would testify that the store failed to take appropriate precautions to prevent the injury. The trial court disregarded the affidavit, ruling that it did not create any factual issues that a jury would have to resolve.
The Court of Appeals disagreed, finding that a jury could find that the store owner should have done a better job of securing the mat in order to prevent injury. As a result, the case will be sent back to the trial court unless the Defendant store owner appeals this decision, and the Supreme Court agrees to review the case.
Many people are skeptical about "trip and fall" or "slip and fall" injuries, but these cases can involve serious and long-term injuries. Often, our investigations show that landowners, including storekeepers, are well aware of certain hazards, but fail to take reasonable steps to correct the , ev hazardous condition, even if other customers have suffered similar injuries in the past.
We also see big-box stores taking a tough stance on these claims, and in order to overcome routine claim denials, investigation is often necessary. If you have sustained a serious injury because of some store's negligence, and the claim has been denied, contact us at 503-325-8600. We carefully investigate these cases to let you know where you stand, and if it makes sense to move forward with the case.