Premises liability is an area of personal injury law that holds property owners and occupiers responsible for maintaining a safe environment for visitors. When a person suffers an injury on someone else’s property due to a hazardous condition, they may be entitled to compensation for their damages.
If you’ve suffered an injury on someone else’s property in Portland, Oregon, it’s important to understand your entitlements in a premises liability case. In this article, we’ll discuss what you need to know about premises liability law in Portland, including the duty of care, types of damages, compensation for medical expenses, lost wages, pain and suffering, property damage, and the statute of limitations.
The Duty of Care
In Oregon, property owners and occupiers have a duty of care to ensure that their premises are reasonably safe for visitors. This means that they must take reasonable steps to prevent hazards and warn visitors of any potential dangers. When they fail to meet this duty of care, they can be held liable for any injuries that result.
To prove liability in a premises liability case, the injured party must show that the property owner or occupier knew or should have known about the hazard and failed to address it. This can be demonstrated by showing that the hazard existed for a significant amount of time, or that similar incidents have occurred on the property in the past.
Types of Damages
If you’ve suffered an injury in a premises liability case, you may be entitled to compensation for your damages. There are two main types of damages in a personal injury case: economic and non-economic.
Economic damages refer to the financial losses that you’ve incurred as a result of your injury. This includes things like medical expenses, lost wages, and property damage. These damages are typically easy to quantify, as they have a specific dollar value attached to them.
Non-economic damages, on the other hand, refer to the intangible losses that you’ve suffered. This includes things like pain and suffering, emotional distress, and loss of enjoyment of life. These damages can be more challenging to quantify as there is no set dollar value for them.
Compensation for Medical Expenses
If you’ve been injured on someone else’s property, you may be entitled to compensation for your medical expenses. This includes the cost of any medical treatment you’ve received, such as doctor’s visits, hospital stays, and physical therapy. It also provides for the cost of any future medical treatment you may need as a result of your injury.
To recover compensation for medical expenses, you’ll need to provide documentation of your medical bills and expenses. This includes receipts, invoices, and medical records.
Compensation for Lost Wages
If your injury has caused you to miss time from work, you may be entitled to compensation for your lost wages. This includes any income you’ve lost as a result of your injury, as well as any future earning capacity that you’ve lost due to your injury.
To recover compensation for lost wages, you’ll need to provide documentation of your income and employment history. This includes pay stubs, tax returns, and employment contracts.
Compensation for Pain and Suffering
If you’ve suffered a serious injury on someone else’s property, you may be entitled to compensation for your pain and suffering. This includes physical pain, emotional distress, and loss of enjoyment of life.
To recover compensation for pain and suffering, you’ll need to provide evidence of the impact that your injury has had on your life. This can include medical records, testimony from medical experts, and testimony from friends and family members.
Compensation for Property Damage
If your personal property was damaged as a result of your injury, you may be entitled to compensation for the cost of repair or replacement. This includes things like a damaged phone or laptop, broken glasses, or torn clothing.
To recover compensation for property damage, you’ll need to provide documentation of the cost of repair or replacement. This includes receipts, invoices, and estimates from repair shops.
Statute of Limitations
It’s important to note that there is a statute of limitations for filing a premises liability lawsuit. The statute of limitations for personal injury claims in Oregon is two years from the date of the injury. If you don’t file your lawsuit within this time frame, you may lose your right to recover compensation.
Consulting with an Experienced Premises Liability Attorney
If you’ve been injured on someone else’s property in Portland, it’s important to consult with an experienced premises liability attorney. They can help you understand your entitlements, evaluate the strength of your case, and advocate for your rights.
An experienced attorney can also help you navigate the complex legal process, negotiate with insurance companies, and represent you in court if necessary.
Tips for Building a Strong Premises Liability Case
To build a strong premises liability case, there are a few key steps that you should take:
- Seek Medical Attention: If you’ve been injured on someone else’s property, seek medical attention right away. Not only is this important for your health and well-being, but it also provides documentation of your injuries.
- Document the Hazard: Take photos or video of the hazard that caused your injury, if possible. This can help demonstrate that the property owner or occupier knew or should have known about the hazard.
- Get Contact Information: If there were any witnesses to your injury, get their contact information. They may be able to provide valuable testimony in your case.
- Keep Records: Keep detailed records of your medical bills, lost wages, and other expenses related to your injury. This will help demonstrate the economic damages you’ve suffered.
- Don’t Talk to Insurance Companies: Insurance companies are not on your side. They may use anything you say against you to reduce your compensation. It’s best to let your attorney handle all communication with insurance companies.
Call Zbinden & Curtis, Attorneys At Law
If you’ve suffered an injury on someone else’s property in Portland, Oregon, you may be entitled to compensation for your damages. This includes compensation for medical expenses, lost wages, pain and suffering, and property damage. To recover these damages, it’s important to consult with an experienced premises liability attorney who can help you navigate the legal process and advocate for your rights.
At Zbinden & Curtis Attorneys At Law, we have years of experience helping the Portland metro area with their personal injury cases. Call today for a consultation at (503) 287-5000. Let us answer your questions and put your mind at ease.