What is “Premises Liability”?
A premises liability claim is simply a claim against the owner of property for injuries that occur on property due to a hazard existing on the property. It could be a slippery floor, ice on a walkway, a defective staircase, a railing that was not up to code. It could be a tripping hazard such as a cable or cord on the floor, or a hole in the ground. The examples are almost endless. Basically, the owner or occupier of the property is liable for hazards on their property that are likely to cause injury to persons lawfully on the property.
The law imposes a duty on property owners to keep their property reasonably safe for persons lawfully on the premises with their express or implied permission.
The reason you were on the property is an important consideration to the nature of the duty owed by the owner in the event of an injury. If you are on the property at the express or implied invitation of the owner, the owner owes you a duty of due care. If the owner stands to profit from your presence on the property, such as a restaurant or store, the owner is charged with a duty to inspect and eliminate potential hazards, or to warn the customer. An example of this may be a caution sign that the floor is wet.
There are many, many case decisions detailing the various considerations that define your legal status on the premises, as well as the duty the owner owes to you based upon your legal status on the property.
Protect Your Injury Claim
If you have been injured on business premises, it is important to notify a manager at the store that you have been injured. Most big stores like Home Depot, for example, have forms for customers to report how the injury occurred and what injuries was caused in the incident.
If your injury was caused by a wet floor, take a picture of it if you can. If your injury was caused by a trip hazard, take a picture of it.
What To Expect
If you have ever been hurt in an accident, you have probably had the experience of getting a call from an insurance adjuster to take your statement. Accident victims in premises claims arising in a commercial establishment are often asked to make a written statement about the incident at the time of the accident before leaving the store. This is common practice in big box stores such as Home Depot, Fred Myer, Kohl’s. etc. Insurance companies know the value of getting statements and collecting evidence to arm themselves with in the likely event of an injury claim. Meeting with an attorney of your choice as soon as possible is important for the same reason. An early investigation into the circumstances of the accident by someone on your side is the best way to ensure the evidence needed to prove your claim is collected and preserved.
Free Consultation- Know Your Rights
Give me a call at 971-727-9226 to discuss your case. I serve the Fairview, Gresham, Troutdale and the Greater Portland area including Beaverton, Gresham, Hillsboro, Milwaukie, Lake Oswego, Oregon City, Fairview, Wood Village, Troutdale, Tualatin, Tigard and West Linn. I provide free consultation and I do not get paid unless you win. Most consultations are conveniently available remotely, or you may come see me at my office in Historic Troutdale. I work hard to maximize all the benefits you are entitled to.