Thousands of personal injury cases are brought forth every year in the state of Oregon. Many of these personal injury claims are filed due to injuries that took place on another’s property as a result of negligence. They can occur at either a place of business or on a person’s private property. Understanding premises liability Oregon cases can help ensure you get closer to the settlement you deserve. These cases are known as “premises liability cases.” They can include:
- Slip and Falls
- Inadequate Security
- Construction or Contractor Negligence
- Animal Bites
Premises liability laws are based on common law and statutory principles of negligence. Under Oregon law, property owners, managers, business operators, and others that are in control of general property have a legal obligation to maintain safe premises. If they don’t and someone is injured due to unsafe conditions, the property owner can be held responsible.
What Is Premises Liability?
Most of the personal injury claims filed in the United States are filed due to the negligence of a particular business or individual. Most of these injuries take place on a piece of property that is owned by a business or individual. For these personal injury cases, there is a concept known as “premises liability”, which refers to the unsafe conditions on someone else’s property and the legal obligations of the owner or manager to keep that property safe. If the owner or manager fails to adhere to these guidelines, and someone is injured, a lawsuit can and should be filed.
In the United States, most personal injury claims are filed due to the negligence of a particular business or individual. Many of these personal injury cases take place on a property that is owned by a business or individual who neglected to make the property as safe as possible.
For these personal injury cases, there is a legal concept known as “premises liability”. Premises liability is, essentially, a legal concept that refers to unsafe conditions on someone else’s property and the responsibility of that individual to keep their premises safe. In the United States, every landowner has an obligation to make sure that property is as safe as it can be. But, if that doesn’t take place, then a premises liability lawsuit can be filed, due to the unsafe conditions found on a property and the injuries that they have to lead to.
A wide variety of different personal injury cases can fall under the premises liability label. Slip-and-fall cases, for example, as well as swimming pool accidents, elevator accidents, and even dog bites. Each type of personal injury, within the cases outlined, is caused by an unsafe condition on someone else’s property that should’ve been dealt with.
Even if you, or someone that you know, was injured on another person’s property, that doesn’t necessarily mean that your premises liability lawsuit will succeed. For a premises liability lawsuit to succeed, it must be shown that the owner knew about the unsafe conditions – or should have known, within reason – and chose to do nothing. But, if that can’t be proven, then the premises lawsuit will, most likely, be unsuccessful.
Seek Representation for Premises Liability Oregon Injuries
A premises liability case greatly depends on proving that the property owner was truly negligent and, in turn, responsible for your injuries. Without this proof, your case will not succeed. By hiring a good lawyer, the process of proving your injuries, the negligence that took place, and who was liable for your injuries is much easier.
For a premises liability case to succeed, it must be shown the property owner was truly negligent and, as a result of that, responsible for your injuries. Without this proof, your case will not succeed and you won’t receive the compensation that you desire. But, if you hire a lawyer, the process of proving this negligence is significantly easier, and it’s far more likely that your case will succeed.
On a general level, there are three things that must be proven in a premises liability case. The first of these three things is that you were injured due to unsafe conditions on someone else’s property; the second of these three things is that the property owner was negligent in keeping their property safe, and the third of these three things is that you were actually injured. If you can’t prove just one of those three things – even if you can prove the others – then your case will not succeed.
Let’s say that you were in a slip-and-fall case—slip-and-fall cases are the most common personal injury cases in Oregon—at the gym. For your case to be successful, you must prove that you were injured. By hiring a lawyer, this is easier, since a lawyer will help you take photos, gather medical records, and even witness testimonies. That way, you can prove to the court that you were injured.
Right after that, your lawyer will then help you organize the facts of your case. With regards to the slip-and-fall example, they will help narrow down the details such as the circumstances of the accident and how the accident took place. That way, you and the court will know that the accident took place due to conditions that were unsafe. By hiring a good lawyer, all of this information will be clearly organized and delineated, making it easier for you to present the facts of your case in an objective manner.
For your premises liability case to truly succeed, it must be shown that the property owner was negligent in their duties to keep the gym safe. A good lawyer will be aware of Oregon’s laws and statutes, allowing for negligence to be proven based on the facts of your case and the laws regarding the situation at hand. Then, all of this information will be organized and delineated in a manner that allows for your case to be presented clearly and concisely.
Since all of your case’s facts are well-organized and can be presented eloquently, it’s far more likely that you will win your premises liability case. But, along with that, a good lawyer will help you negotiate a settlement that is fair, based on the facts of the case and factors such as medical bills and lost time at work. Without a lawyer, though, these facts may not be as clear-cut or well-defined, leading to a settlement that is far less than what you deserve.
What Are Some Common Mistakes That Are Made Without A Lawyer?
The best thing for you to do when beginning a premises liability case is to hire a lawyer. It’s more likely that mistakes are made without the help of an experienced Oregon injury attorney. By making these mistakes, your case has a much lower chance of succeeding, and it’s unlikely you will receive the settlement that you deserve.
For a premises liability case to be successful, the facts of the case must be well-organized and well-defined. If these facts are not well-organized or well-defined, it is so much more difficult for your case to succeed, due to confusion and uncertainty regarding the facts.
Many of the individuals who fail to hire a lawyer find themselves in that exact position. Due to not fully understanding their case, and how it pertains to Oregon’s laws and statutes, their case is disorganized and they fail to receive the settlement that they deserve.
Personal Injury Case Outcomes
In a personal injury case—not just a premises liability case—it isn’t uncommon for an insurance company or business to pay as little money as they can. Without hiring a lawyer, it’s far more likely that this will happen, and it’s also far more likely that you will accept this settlement. But, by hiring a lawyer, you will be able to know the true value of your premises liability case and the exact settlement that you deserve.
The last problem that must be mentioned is the fact that, in a premises liability case, negligence must be proven. If it isn’t proven, then the case won’t succeed. The people who don’t hire a lawyer can easily find themselves in a situation where they can’t prove that negligence took place or that the circumstances leading to the injury were caused by negligence. This is often due to a lack of understanding regarding Oregon’s laws and statutes, as well as the facts of the case being disorganized.
Regardless of your premises liability case, hiring a lawyer is always the best choice. Your premises liability Oregon case has a much higher chance of success with representation from a reputable injury attorney.