"Slip and fall" injuries are not funny. Eight million people a year visit the emergency room to treat slip and fall injures. Hip fractures are one of the leading injuries after a slip and fall.
Not all slip and fall victims have a claim against the landowner. To prove that the landowner was negligent, or careless, you must show that the landowner should have done more to make the property safe for your use.
Lawyers call these claims "premises liability" claims. This is a claim that the property owner was negligent in maintaining the property, or failing to warn visitors of dangers on the property. Like every other negligence claim, there are three things you must prove:
2. The nature and extent of your injuries;
3. The connection between the property owner's fault and your injuries (we call this "causation").
Whether the landowner is responsible for your injuries depends on your status on the property. Your status on the property depends on why you are on the property. For example, if you are a customer at a business, you are a "business invitee." In this situation, the landowner must be proactive in making sure the property is safe. Still, in certain cases, you must show that the property owner actually knew of the hazard before the injury occures, and had enough time to rectify the hazard.
In other cases, our client may be on the property as a social guest, or they may be on the property for their own benefit. In these situations, the landowner may not have as much responsibility to the visitor. Then there are a whole host of other issues with landlord/tenant relationships, and injuries on land open for recreational use.
In almost every case we have handled, the insurer of the property owner will argue that our client was at least partially at fault in causing his or her injury. This is known as a contributory fault defense.
Proving these cases comes with challenges. Often, the only person who knows about the conditions of the property at the time of the injury is the landowner. Building codes and uniform standards may come into play, which often involves expert witnesses.
With the help of an premises liability injury lawyer, you can put the experience needed to pursue compensation for these claims on your side. Contact the Di Bartolomeo Law Office, P.C. to learn more about how we can help you get the compensation you deserve after your slip and fall accident in Oregon.