What to Do After an Oregon Slip and Fall Injury Accident
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Post on 31-Oct-2014
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- 1. What to Do After a Slip and Fall AccidentLets face it. Slip-and-fall accident cases often receive highly negative publicity because of a numberof well-documented incidents where attempts were made to defraud the premises owner with falseclaims. The fact is, people do fall in places like supermarkets and shopping malls, and they getinjured, sometimes quite seriously. A Portland premises liability lawyer is often approached byvictims who have had to pay expensive medical bills and who have lost income through missingwork. These people invariably start by asking the same question, Do I have a case?Its true that the mere acts of tripping, slipping, falling and sustaining an injury are not in themselvesgrounds for making a claim. There are several criteria which must be met when proving liability in aslip-and-fall case. Some cases are more difficult to prove than others, and stores and supermarkets,along with their insurance companies, will invariably challenge the claim. Thats all the more reasonwhy any Oregon resident who has been injured in such a case should without fail consult a Portlandpremises liability lawyer before proceeding with their claim.I slipped, fell and was injured! Isnt that enough?The short answer to that question would be, No, its actually not enough. To prove liability, thevictim would have to prove that the supermarket, store, shopping mall, restaurant or whateverother type of premises may be involved, actually caused the dangerous condition that led to the slipand fall. In cases where this cant be proved, the court is unlikely to award any compensation to thevictim. In fact, a premises owner or possessor will not be considered liable in most cases in thefollowing cases: The place where the fall occurred was not unreasonably dangerous The premises had no reason to know the hazardous condition existed The premises used reasonable care to protect the public and prevent them being injured The customer was mainly at fault, through his or her own negligence, for the injuryObviously, all four of these points could be argued from both points of view, and it will often takeexpert testimony to determine whether a place was unreasonably dangerous, or that reasonablecare had been taken to protect visitors. Some examples of situations in which a premises would beconsidered liable include: A spill or puddle has been left unattended for substantial periods of time An icy patch has not been removed from in front of an entrance A supermarket carton or display situated below eye level is left sticking out into an aisle.In cases like these, a Portland premises liability lawyer will argue that the supermarket/store/shopshould have known the conditions existed, or that employees created the dangerous conditions, inwhich case the premises should be held liable for the injuries sustained by the slip and fall victim.Approximately 60% of falls resulting in injury are caused by slips or trips that happened because ofunattended spills, foreign objects left on the floor or design flaws in the floor itself. Poor lighting,
- 2. uneven flooring, potholes and snow outside an entrance are other factors that often contribute to abad fall.How do you prove whos at fault?Trying to prove the property owner knew about the conditions which led to a fall can be tricky. Itoften requires a thorough review of the companys business records and an expert analysis of theactual area where the slip and fall took place. The most common defense used by insurancecompanies defending the case on behalf of the premises is that the person who fell and was injuredsimply wasnt watching where he or she was going and was therefore responsible for whathappened.If youve been involved in a slip and fall accident and been injured, its important that you receivethe medical treatment you need. Immediately after the accident, you should: Phone the police and, if necessary, the paramedics Try to get the names, addresses and contact details of as many witnesses as you can, before they or you leave the scene. If a premises employee saw what happened, make sure you get their name. Get photos of the accident scene. As soon as youre physically able, and preferably immediately after the accident, use your cell phone or even a disposable camera to photograph the dangerous conditions that caused your fall. If you dont have access to a camera, ask someone else to take the photos. If thats not possible, take detailed notes about the size, shape, color and location of what it was that caused you to fall. Report the fall to the store owner or manager, but do not give them a detailed statement until after you have spoken with a Portland premises liability lawyer. Keep any clothing or other evidence that can help confirm your accident, and present these and all the information you collected to your personal injury attorney. Get immediate medical attention, including any necessary x-rays, and be sure to mention any pain you are having, no matter how minor it may seem at the time. If you can, take pictures of any injuries you have received. These can be very important when making your case. Dont delay. Oregon has a very specific statute of limitations with regards to filing a slip and fall injury claim. Failure to meet the deadlines by even one day will completely invalidate your claim, no matter what.Slipping and falling in a store or supermarket may be embarrassing, and you might be a bit reticentabout proceeding with a claim. However, if youve been injured through the negligence of apremises owner, manager or employee, why should you be stuck with the medical bills and lostincome, as well as ongoing treatment costs? Maybe youre not sure you actually have a valid claim. Ifthats the case, you should still contact an experienced Portland premises liability lawyer. They willgladly meet you, usually at no charge, listen to your story and quickly advise you of the validity ofyour claim, the likely outcome of your case, and the kind of compensation you can expect to receive.
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