Premises Liability Attorneys
Sample trial exhibit for a premises liability personal injury case.Download
When a business or individual invites someone onto their property, they have a responsibility to provide a certain degree of safety to their guests. Under Oregon personal injury law, the level of responsibility and safety to the community member differs depending on the type of guest they are.
Certain businesses and property owners have a higher degree of responsibility to keep their guests safe because they stand to profit from the presence of the guest. Other property owners still have a responsibility to keep their guests safe, but their responsibility is not as high because they will not profit from the guest’s presence.
There are two main types of guests: invitees and licensees.
Invitee: An “invitee” is a person that goes onto the property of another at their invitation. Additionally, the person’s presence on the property must provide some monetary benefit or economic gain to the person controlling or owning the property. If both of these elements were present the person would be considered an invitee under Oregon law. A classic example of an invitee is someone that goes to a store to purchase an item. An invitee can also be a person that has purchased tickets to an event or eats at a restaurant.
It’s important to note that the invitation to come onto the property can be made directly to the individual or it can be implied by actions. A store that is open to the public during working hours would be an example of an implied invitation to come onto a property.
An example of a premises liability lawsuit.Download
An owner or person controlling the property has several duties to keep invitees safe. First, they must make the property safe for the invitee’s visit. Second, they must exercise reasonable care to discover any dangerous conditions. Third, if a dangerous condition exists, they are required to fix it or sufficiently warn their invitees of the condition. Finally, if the dangerous condition may not be encountered with safety even if the invitee knows the danger, the possessor of the property must take reasonable steps to eliminate the danger.
If the steps noted above are not taken and someone is injured, that individual may have a premises liability personal injury claim.
Licensee: A “licensee” is a person who is on someone’s property with the owner’s or possessor’s express or implied consent. The difference between an invitee and a licensee is that a licensee does not provide an economic benefit to the owner or possessor of land. An example of a licensee would be someone visiting a friend at his or her house. The friend has invited you over but the friend does not stand to gain any economic benefit from your presence on his or her property.
The owner or person controlling a property must warn a licensee of any hidden or dangerous conditions known to them that might cause an injury even if the licensee uses reasonable care. Additionally, an owner or person controlling a premise must not intentionally or recklessly cause or allow a condition that disregards the safety of others.
If a possessor does not follow these safety rules and a licensee is injured, that person may have an Oregon premises liability claim.
Other Standards: There are other rules and standards in Oregon depending on the type of personal injury case you have. For instance, a tenant that has been injured may pursue a claim against their landlord with a Habitability claim. Pursuing a claim under the landlord-tenant Habitability statute gives the individual more leverage, because they can request the other party to pay for their attorney fees. These alternative standards and rules sometimes have shorter time deadlines to pursue the case. It is important to contact an Oregon slip and fall attorney or lawyer to determine what deadlines apply in your case.
There are many factors that can affect an Oregon premises liability personal injury claim. Feel free to call one of our slip and fall attorneys if you have any question or would like a free consultation regarding your potential claim. Our slip and fall lawyers are centrally located in Oregon and handle cases in the following cities: Albany, Corvallis, Portland, Philomath, Salem, Eugene, Lebanon, Sweet Home, Newport, Waldport, and Lincoln City.