Portland Premises Liability Lawyer
Any time an individual sustains an injury caused by the negligent actions of a property owner, they should be able to recover compensation for their losses. However, doing so often requires assistance from a Portland premises liability attorney who can help with every aspect of the claim. At Paulson Coletti Trial Attorneys PC, our team is ready to step in and help ensure that victims recover total compensation for their losses. We have no problem standing up to aggressive insurance carriers, and we will take the claim to trial if necessary.
Why Choose Paulson Coletti Trial Attorneys PC?
- At Paulson Coletti Trial Attorneys PC, we firmly believe that “liberty and justice for all” is our mandate, which means we are driven to pursue justice for individuals injured due to the actions of others.
- We are a boutique Portland law firm that represents individuals and families, and we are always available to answer questions or concerns throughout the entirety of a case.
- Our team has recovered significant multimillion-dollar settlements on behalf of injured clients in and around the Portland area.
Injuries Caused by Unsafe Conditions on Property
Premises liability cases are notoriously difficult to litigate. For this reason, it is important to work with an attorney who understands the laws and who can provide experienced counsel. The Portland premises liability lawyers at Paulson Coletti Trial Attorneys PC are thoroughly experienced in this field, and have secured a number of successful settlements and verdicts for people injured on dangerous property, including:
- $1.26 million settlement for a family that sustained severe burns due to defective wiring in an apartment building
- $300,000 settlement for a teenager injured after falling from an improperly constructed loft
- Confidential settlement for a manager who sustained a skull fracture from a defectively installed pole
- Confidential settlement for client who broke his back after leaning against railing that was not properly secured in a rental apartment.
Common Premises Liability Claims
In some cases, homeowners may be liable for accidents that occur on their property. Under some circumstances, trespassers injured on private property may be able to bring premises liability claims against homeowners. Our Portland homeowner liability attorneys can help.
If an individual is injured on a property because an element on that premises was improperly constructed, that injured individual may be able to bring a claim against the property owner, property manager, or the entity that constructed the defective element.
Apartment and rental property managers are responsible for the safety and wellbeing of their tenants as far as it depends on them. Landlords should take care to fix all dangerous conditions on the property, such as replacing smoke detectors, updating old wiring, and maintaining guard rails. We can help hold landlords responsible.
Slip & Fall Accidents
“Slip and fall” is a blanket phrase used to describe many types of premises liability accidents. Not everyone who slips, trips, and falls on a property is entitled to compensation, but if the slip/fall occurred because of a dangerous condition on a property that should have been remedied by the property manager, a claim may be warranted.
This type of premises liability claim specifically targets property managers or owners who failed to set up required security to promote the safety of visitors to that property. This might involve security guards, security gates, and alarm systems.
What property conditions are considered dangerous under premises liability laws?
Dangerous property conditions include, but are not limited to:
- Icy sidewalks
- Missing or inadequate railings
- Broken steps
- Insufficient security
- Faulty wiring
- Loose shingles / tiles
- Unmarked wet floors
When a negligent property owner causes injuries, you may have the right to pursue compensation for your losses. We encourage you to obtain legal counsel as soon as possible. By talking to a knowledgeable Portland premises liability attorney at our firm, you can learn more about your legal rights and options.
How to Hold Negligent Property Owners Accountable
Holding negligent property owners accountable in Portland can be challenging. Typically, individuals are able to recover compensation if another property owner is at fault for an incident in one of two ways. The first of these will be recovering compensation through a settlement with an insurance carrier. The second possibility is recovering compensation through a personal injury lawsuit in civil court.
Regardless of the route towards recovering compensation, determining liability is absolutely crucial for proving negligence. An attorney will work to prove that the property owner owed a duty of care to the injury victim. The harder part of this process is showing that the property owner breached their duty of care (in other words, was negligent) in some way. This could be leaving spills on the floor, failing to repair a floor, not maintaining stairways, etc.
In order to prove this negligence, an attorney will need to conduct a thorough investigation into the previous liability incident. This will include gathering surveillance footage from nearby cameras, speaking to eyewitnesses who saw what happened, analyzing accident reports, looking at property owner maintenance records, and more.
It is crucial for an attorney to show that the breach of duty led to the injury victim’s damages. This can include medical bills, lost income, out-of-pocket expenses, pain and suffering damage, and more.
One of the most important aspects of holding other parties responsible is working with an attorney as soon as possible after an injury occurs. The longer an individual waits to move forward on their claim, the more likely it is that they will not receive a sufficient settlement.
Statutes of Limitations and Damages
Individuals who sustain injuries on other people’s property need to know that they have a limited amount of time to file claims in Oregon. The personal injury statute of limitations in this state, which would apply to premises liability claims, is two years from the date an injury occurs. If a premises liability injury victim fails to file a lawsuit in civil court within this time frame, they will likely lose the ability to recover any compensation at all.
However, if there is an insurance carrier involved in the claim, which is often the case with the premises liability claim and Portland, then please be aware that these insurance carriers will have their own strict reporting deadlines, often within a few days after the incident occurs. It is crucial for injury victims to understand these deadlines and work with an attorney as soon as possible so they can move forward with their case and recover compensation.
Importance of Preserving the Evidence
If you have sustained a premises liability injury, it is crucial for you to preserve any evidence related to the claim. If you or a loved one sustained an injury in the future, it is crucial to jump into action quickly. This includes using a cell phone to take pictures of the causes of the premises liability incident, the injuries, and the surroundings.
Any clothing worn when the premises liability injury occurred needs to be preserved, as it could include evidence related to the cause of the injury and show how a person was impacted. In the days and weeks that follow, there may be other types of evidence that individuals need to document and preserve. This includes all medical records related to the care received as well as proof of any lost income of person sustains because they are unable to work as a result of their injury. Any receipts for out-of-pocket expenses, including gas mileage to and from medical visits, need to be kept.
Type of Compensation Available for a Portland Premises Liability Claim
There may be various types of compensation available to premises liability victims in Oregon. Our lawyers will work diligently to recover complete compensation on behalf of our clients, including both economic and non-economic damages.
The economic losses will refer to calculable expenses related to the premises liability claim, including medical bills, documentable lost wages, out-of-pocket expenses, as well as any property damage expenses. Non-economic damages will refer to the types of losses that are a bit more immeasurable, including what we refer to as pain and suffering damages. This can include feelings of fear, anxiety, stress, sleeplessness, and more. Additionally, any loss of quality of life caused by the injury deserves to be compensated as well.
There are times when punitive damages may be awarded to a premises liability injury. These types of damages are reserved for situations where the actions of the defendant are deemed to be grossly negligent or intentional. Punitive damages act as a punishment and a deterrent for the types of actions displayed in the case.
Limitations on Compensation Amounts in Oregon
Various states place limitations on compensation amounts for personal injury claims. In Oregon, the economic damages a person receives for an injury caused by another do not have any limitations or caps. However, this state does cap non-economic forces, those pain and suffering damages, at $500,000. This limitation applies to personal injury claims as well as wrongful death claims in this state.
How Much Compensation is Available?
There is no set amount of compensation available to Portland personal injury victims. Every premises liability claim that goes through the settlement or lawsuit process will be different and should be evaluated based on the factors related to the specific claim. Some of the factors that will play a role in how much compensation a person receives include the severity of the injuries, how long it takes the person to recover, the total amount of lost wages, and the document table level of payment suffering.
Premises liability claims can range anywhere from a few thousand dollars upwards to hundreds of thousands or even more than $1,000,000 depending on the severity of the injury. We strongly encourage you to speak to your attorney about the expected outcome for your client. Even though an attorney will not be able to tell you upfront how much your claim will be worth, they can use their experience to make an estimated guess about total compensation amounts.
Paying for a Premises Liability Lawyer in Portland
Individuals who sustained an injury caused by the negligence of another often worry about how they will pay for an attorney. The good news is that we handle Portland premises liability claims on a contingency fee basis. This means that our premises liability clients will never pay a dime out-of-pocket for their claim. We handle all of these upfront costs. Additionally, clients will only pay legal fees after we are able to recover the compensation they are entitled to. If we do not win the case, the client will not pay.
We think this is an equitable way to handle business because it allows individuals who sustain injuries to hold the at-fault party accountable, regardless of the victim’s current financial status.
Request your free case evaluation!
At Paulson Coletti Trial Attorneys PC, we are selective with the cases we accept —taking on cases with merit we believe we can win. Holding to this standard has given our attorneys a reputation for integrity and credibility, a reputation that can benefit our clients.
To learn more about your legal rights after an injury and how our firm may be able to help you, we invite you to contact our Portland law office to schedule a case review at no cost. We are proud to serve clients in both Oregon and Washington.