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How Modified Comparative Fault Works for Slip and Fall Cases in Oregon

You got into a slip-and-fall accident and hurt yourself. However, the slip and fall was not entirely the other party’s fault. In fact, you were partly to blame for it. Now, you’re wondering: Can you still collect compensation for your slip and fall?

Learn about modified comparative fault and how it works for slip and fall cases in Oregon, and then make sure you contact an experienced personal injury lawyer for help.

What Is Modified Comparative Fault in Oregon?

Essentially, in a personal injury case, one party may be totally at fault. For example, if you were walking in a store, and the store failed to clear away debris that you ended up tripping over, the store will likely be held 100% responsible for your injuries. This is because they were negligent.

In other cases, both parties could be at fault in some way. Maybe there was debris on the floor, but you were looking at your phone and not paying attention to where you were going when you tripped, fell, and hurt yourself. You could be held partly responsible and partly at fault/negligent.

In Oregon, you can seek compensation for your injuries as long as you were 51% or less at fault for the slip and fall accident. If you are awarded compensation, the percentage that you were at fault will be taken out of that compensation.

Proving Negligence in a Slip and Fall Case

It’s important to collect evidence that will show you were not negligent when it came to your slip and fall accident. This evidence can come in the form of photographs from the scene of the accident, video footage, and witness statements from people who saw what happened. If you slip and fall in a public place, like a retail store, it’s critical to file an incident report with the store manager and get a copy in writing.

You’ll also need to go to the hospital immediately after you get injured. You should get a full evaluation, including X-rays, and make sure you follow your doctor’s treatment plan. Even if you feel like your injuries aren’t that serious, it’s critical to go to the doctor and stay on top of your care. If you don’t, it may look like your injuries aren’t really serious, and you don’t need compensation.

Additionally, if the insurance company calls you, don’t tell them anything. If you say the wrong thing in your recorded statement, it could be used against you; you may not be able to get a settlement. If you accept a settlement from the insurance company, it’s probably going to be too low, and you won’t be able to go back and ask for more money later on. Instead, call an experienced personal injury lawyer for help after your slip and fall accident. They will negotiate with insurance and give you the support you need at this time.

Contact Zbinden & Curtis Today

Zbinden & Curtis, a Portland personal injury law firm, cares about accident victims, and we’re ready to help you with your slip and fall accident in Portland. We fight tooth and nail for our clients to get them the settlement they deserve in their time of need.


Contact us today to learn more by calling (503) 287-5000 or contacting us on our website for a free case evaluation. We look forward to hearing from you.

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