Oregon Premises Liability Lawyer

What must an Oregon property owner do to keep visitors safe?

Owners must use reasonable care to protect visitors from dangers they know about or should discover. How much care is owed depends on why you were on the property.

Oregon recognizes three main types of visitors:

• Invitees, such as customers, hotel guests and diners, are owed reasonable inspection and repair or warning about hazards.
• Licensees, such as social guests, are owed a warning about hidden dangers the owner knows about.
• Trespassers are owed far less, though owners cannot set traps or act recklessly.

Most premises cases involve businesses, which invite the public in and are expected to check their floors, stairs, lighting and parking lots.

Does wet Oregon weather excuse a slippery entrance?

No. Oregon's long rainy season makes wet floors predictable, so businesses are expected to plan for them. Mats, warning signs, regular checks and prompt cleanup are reasonable steps.

Moss and algae on outdoor walkways, leaf buildup on steps and uneven pavers are common hazards in western Oregon. Ice and snow cause falls at higher elevations and during winter cold snaps around Portland. An owner usually is not expected to clear ice during an active storm, but leaving a glazed entrance untreated for days is different. Inspection logs, staffing records and surveillance video show what the owner did.

Can I recover if I was partly at fault for my fall?

Yes, unless you were more than 50% responsible. Oregon reduces your award by your share of fault.

Here is how it works. You slip on a wet tile floor inside a grocery store entrance on a rainy day. The store had no mat and no sign. Your damages are $60,000. The store argues you were walking quickly and carrying bags, and claims you are 25% at fault. If a jury agrees, you recover $45,000. If the jury found you 55% at fault, you would recover nothing. Showing that the store knew water collects at that entrance every rainy day can shrink your share.

Which Oregon properties lead to the most serious injuries?

Many serious claims come from the places Oregon is known for. Tourism, recreation and rental housing each create their own risks:

1. Coastal vacation rentals with rotting decks, missing railings and steep stairs.
2. Ski areas and mountain lodges with icy walkways and parking lots.
3. Wineries, breweries and event venues with uneven paths and poor lighting.
4. Apartment complexes with broken stairs, loose railings and dark common areas.
5. Stores and shopping centers with wet entrances and cluttered aisles.

Negligent security claims can arise when an assault happens in a parking garage or complex where the owner knew about prior crime and failed to provide reasonable lighting, locks or security.

How does Oregon's recreational use law affect claims?

Oregon has a recreational use statute that generally protects landowners who let the public use their land for free recreation, such as hiking, fishing or hunting. The protection usually does not apply when the owner charges a fee for entry.

This law can block claims for injuries on private trails, open fields and some public land. Whether it applies depends on who owns the land, whether a fee was charged and what activity was involved. These questions should be reviewed early, because they can decide whether a claim exists at all.

What evidence helps an Oregon fall claim?

The best evidence is gathered on the day of the fall. Photos of the hazard, the lighting and any missing warning signs show what you faced before anyone cleans up.

Ask the manager to write an incident report and request a copy. Note the names of employees and other shoppers who saw what happened. Keep the shoes and clothing you wore. Store video is often recorded over within days or weeks, so a prompt written request to preserve it can make a real difference.

What deadlines apply to an Oregon premises liability claim?

Most premises lawsuits must be filed within 2 years. If a city, county, school district or state agency owns or controls the property, notice is generally due within 180 days.

Public sidewalks, parks, transit stops and government buildings all fall in this category. Our government and public property injury claims page explains notice requirements. If a dog attack happened on someone's property, see our dog bites and animal attacks page. If you were hurt in a crash on a parking lot, our Oregon car accident guide may help, and general rules are on our Oregon injury law page. We offer a free case review, and you pay no fee unless we win.