Protecting Your Rights on Someone Else's Property
PREMISES LIABILITY ATTORNEYS
A simple trip to the store shouldn't change your life forever. When property owners fail to maintain safe conditions and you get hurt, we fight to ensure they're held accountable. Get the justice and compensation you deserve.
When Property Owners Fail Their Basic Duty to Keep You Safe
Every time you step onto someone else's property—whether it's a grocery store, restaurant, apartment building, or private home—you have the right to expect that the property is reasonably safe. When property owners neglect this fundamental responsibility and you get hurt as a result, Oregon's premises liability laws protect your right to seek compensation.
Key Legal Principle
The reality is simple: Property owners who profit from having visitors or invite people onto their premises must take reasonable steps to protect those visitors from foreseeable harm.
Your Legal Status Matters
Oregon law recognizes that different visitors deserve different levels of protection. If you're a customer in a store (an "invitee"), the owner owes you the highest duty of care—they must actively inspect for dangers, fix problems promptly, and warn you of any hazards they can't immediately remedy. Social guests ("licensees") receive less protection, while trespassers receive the least—though even they cannot be deliberately harmed.
Real Example
A grocery store knows that produce areas often get wet from misting systems and customer spills. If they don't regularly inspect and clean these areas, place warning signs, or have adequate drainage, they can be held responsible when someone slips and falls—even if they didn't see that specific spill happen.
Case Types
Types of Premises Liability Cases We Handle
Our experienced team handles a comprehensive array of premises liability cases throughout Oregon.
Injuries from wet or slippery floors, uneven surfaces, snow and ice accumulation, or poorly lit areas that prevent seeing hazards.
Accidents from clutter and obstructions, changes in elevation, damaged flooring, or poor maintenance of walkways.
Cases where inadequate security measures, broken locks, poor lighting, or insufficient security personnel lead to criminal attacks.
Injuries from dog bites based on owner negligence, violation of leash laws, or failure to control dogs with known aggressive tendencies.
Drowning, near-drowning, or injuries from lack of proper fencing, inadequate supervision, or defective pool equipment.
Injuries from mechanical failures, sudden stops, entrapment, or inadequate maintenance of elevator and escalator systems.
Understanding Oregon Premises Liability Cases
Premises liability encompasses a wide range of incidents where an injury occurs due to a dangerous condition on someone else's property. While slip and fall accidents are perhaps the most commonly recognized, many other types of incidents fall under this legal umbrella. To establish liability in an Oregon premises liability case, it must be demonstrated that the property owner or occupier either created the dangerous condition, knew about it and failed to fix it or warn others, or should have known about it through reasonable inspection and failed to act.
Each type of premises liability case requires careful analysis of the specific circumstances, the property owner's duty of care, and whether that duty was breached. Our experienced attorneys understand the nuances of Oregon premises liability law and can evaluate the unique factors in your case to determine the strength of your claim and the best legal strategy moving forward.
Building a Strong Case: Evidence That Wins
Property owners and their insurance companies will do everything they can to avoid paying for your injuries. That's why collecting the right evidence quickly is absolutely critical to your case's success. In Oregon, we need to prove four essential elements—and the evidence you gather in those first crucial hours can make or break your claim.
Time is Critical
Evidence disappears fast. Security footage gets deleted, witnesses forget details, and hazardous conditions get fixed.
What You Should Do Right Now
Document Everything
Take photos of the hazard from multiple angles, your injuries, damaged clothing, and the surrounding area. Get video if possible.
Find Witnesses
Get names and contact information from anyone who saw what happened. Their testimony can be crucial.
Report the Incident
Make sure the property owner or manager files an official incident report. Get a copy for your records.
Seek Medical Care
Even if you feel 'fine,' get checked out. Some injuries don't show symptoms immediately.
Evidence We'll Fight to Obtain
- Security camera footage: Before it gets "accidentally" deleted or recorded over
- Maintenance records: To prove the property owner knew or should have known about the dangerous condition
- Employee training records: To show whether staff were properly trained to handle hazards
- Prior incident reports: Other accidents in the same location prove the danger was foreseeable
The "Knowledge" Factor
In Oregon, we must prove the property owner either knew about the hazard or should have known about it. For example, if that puddle in the grocery store was there for 45 minutes during busy shopping hours, a reasonable store owner should have discovered and cleaned it up during routine safety checks.
Oregon Laws Governing Premises Liability Cases
Oregon premises liability law is primarily governed by common law principles rather than a comprehensive statutory framework. The legal foundation rests on the fundamental principle that property owners and occupiers have a duty to exercise reasonable care to maintain their premises in a safe condition for lawful visitors. This duty is not absolute, but it requires property owners to take reasonable steps to discover and remedy dangerous conditions or to warn visitors of hazards that cannot be immediately corrected.
Key Legal Standards
Oregon courts apply the "reasonable person" standard when evaluating whether a property owner fulfilled their duty of care. This means examining what a reasonable property owner in similar circumstances would have done to maintain safe premises. The analysis includes factors such as the foreseeability of harm, the burden of taking precautions, and the severity of potential injuries. Oregon Revised Statute (ORS) 31.600 establishes the state's comparative negligence framework, which can significantly impact premises liability cases by reducing or barring recovery if the injured person bears substantial responsibility for their own harm.
Statutory Considerations
While most premises liability law in Oregon comes from court decisions, several statutes influence these cases. ORS 105.682 addresses liability for injuries on trails and other recreational property, often limiting landowner liability when property is made available for public recreational use. For dog bite cases, ORS 609.115 provides a framework for recovering damages caused by dogs, though it doesn't establish strict liability. Local building codes and safety ordinances can also play important roles in establishing the standard of care expected from property owners.
The complexity of Oregon premises liability law, combined with the need to prove negligence and navigate comparative fault rules, makes experienced legal representation valuable for anyone injured on another person's property. Understanding these legal principles and how they apply to your specific situation is crucial for pursuing fair compensation for your injuries.
Your Injury Shouldn't Cost You Everything
A slip and fall accident can turn your life upside down in seconds. Suddenly you're facing medical bills, missed work, and pain that affects every aspect of your life. In Oregon, when someone else's negligence causes your injury, you shouldn't have to bear those costs alone. Here's what compensation is available to help rebuild your life.
Remember: Insurance companies will try to minimize your claim. Don't accept their first offer—it's almost always far less than what you deserve.
Money You Can Get Back (Economic Damages)
Medical Bills
Every penny—from the ambulance ride to ongoing physical therapy. Future medical needs too if your injuries require long-term care.
Lost Income
Not just time off work now, but reduced earning capacity if your injuries affect your ability to do your job long-term.
Transportation Costs
Gas, parking, rideshare costs to get to medical appointments when you can't drive yourself.
Home Modifications
Ramps, grab bars, shower seats—whatever you need to adapt your home while you recover.
Money for Your Pain & Suffering
These damages recognize that some losses can't be measured in receipts and bills:
Physical pain
The daily discomfort and limitations your injuries cause
Emotional impact
Anxiety about falling again, depression from being unable to do things you love
Lost activities
Can't play with your kids, golf with friends, or garden like you used to
Relationship strain
How injuries affect your marriage and family relationships
What's Your Case Worth?
Every case is different, but factors that increase value include: severity of injuries, clear property owner negligence, strong evidence, significant impact on your daily life, and reliable medical documentation. We've recovered everything from thousands for minor injuries to hundreds of thousands for life-changing accidents.
Why Choose Johnson Law, P.C.
Experienced Premises Liability Representation in Oregon
Our skilled attorneys have the knowledge, resources, and dedication to help you navigate complex premises liability claims and recover fair compensation.
Comprehensive Case Investigation
We conduct thorough investigations to gather evidence, document hazardous conditions, and identify all potentially liable parties.
Oregon Law Knowledge
Our team has extensive experience with Oregon's premises liability laws, comparative negligence rules, and local court procedures.
Proven Track Record
We have successfully represented numerous clients in premises liability cases, securing fair compensation for their injuries.
Skilled Negotiation
Our attorneys are experienced negotiators who work to achieve fair settlements while preparing for trial when necessary.
No Fee Unless We Win
We work on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your case.
Personal Attention
We provide personalized service and keep you informed throughout the legal process, ensuring you understand your options.
Client Reviews
What Our Clients Say
Real experiences from clients who trusted us with their cases
Premises Liability FAQs
Frequently Asked Questions About Premises Liability Claims in Oregon
Get answers to common questions about premises liability law and your legal rights in Oregon
What should I do immediately after being injured on someone else's property in Oregon?
Seek medical attention first for any injuries. If possible, document the scene with photos, gather witness contact information, and report the incident to the property owner or manager. Keep copies of any incident reports. It is important to consult with an experienced premises liability attorney as soon as possible to understand your legal options and preserve important evidence.
How long do I have to file a premises liability lawsuit in Oregon?
Oregon has a two-year statute of limitations for most personal injury claims, including premises liability cases. This means you generally have two years from the date of your injury to file a lawsuit. However, there may be exceptions or special circumstances that could affect this deadline, so it is important to consult with an attorney promptly.
What if I was partially at fault for my premises liability accident in Oregon?
Oregon follows a modified comparative negligence rule under ORS 31.600. If you are found to be partially at fault for your injuries, your compensation will be reduced by your percentage of fault. However, if you are found to be 51% or more at fault, you may be barred from recovering any damages. An experienced attorney can help minimize any attribution of fault to you.
How is the value of a premises liability case determined in Oregon?
The value of your case depends on several factors, including the severity of your injuries, medical expenses, lost wages, future medical needs, pain and suffering, and the degree of the property owner's negligence. An experienced premises liability attorney can evaluate these factors and help you understand the potential value of your claim.
Do I need an attorney for a premises liability claim in Oregon?
While you are not legally required to have an attorney, premises liability cases can be complex, involving detailed investigations, expert testimony, and negotiations with insurance companies. An experienced attorney can help gather evidence, establish liability, navigate Oregon's comparative negligence laws, and pursue the full compensation you deserve.
What types of properties are covered under Oregon premises liability law?
Premises liability law applies to virtually all types of properties, including retail stores, restaurants, office buildings, apartment complexes, private homes, parking lots, sidewalks, hotels, and recreational facilities. The key factor is whether the property owner had a duty of care to maintain safe conditions for visitors.
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