Portland Premises Accident Lawyer
Premises Accident Lawyer, Travis Mayor, is an experienced Portland personal injury attorney who knows how to navigate the legal and insurance process to obtain justice and maximum compensation for your premises liability injuries — you don’t have to face the insurance companies alone to obtain fair and equitable compensation. At Mayor Law, we have in-depth knowledge of the laws and legal procedures affecting accident victims in personal injury lawsuits. Should a trial be necessary, you will want an experienced Portland Premises Accident Lawyer who can effectively research and document the facts, obtain supporting expert witnesses, and present your case to an Oregon jury. Travis Mayor knows how important your case is to you – and it is just as important to him. Contact us to schedule a free case evaluation or call (503) 610-0005.
Premises accident claims, also known as premises liability claims, are for injuries suffered as a result of dangerous conditions on the property of others, such as retail stores, office buildings, government buildings, commercial and industrial properties, recreational venues, and residential properties. The most common type of premises accident injuries is the result of a slip, trip, or fall caused by uneven surfaces, spills, and defective stairs or handrails. While it is true we have all experienced slip and falls that did not lead to significant injuries, it is also true that this type of injury sends more people to an Oregon emergency room each year than any other type of accident. In fact, CDC data indicates falls are the number 1 reason for ER visits in children and older adults, accounting for 15,000+ visits per DAY. Premises liability claims are NOT limited to slip, trip, and fall injuries. They also include accidents caused by:
- Inadequate maintenance of the premises – lighting, spills, chemical leaks, ventilation system, fire suppression system, doors, electrical systems, unanchored floor mats, debris blocking access, protruding objects, poor housekeeping, inadequate or missing signs, lack of hand and guard rails.
- Defective conditions on the premises – such as collapsing staircases, falling objects, blocked exit/fire doors, building code violations, barriers limiting access to unsafe areas or conditions such as construction, inadequate handicapped access.
- Dangerous activities being conducted on the premises.
- Defective or inadequate building security leading to injury or assault.
- Amusement park accidents – unsafe rides, failed equipment.
- Defective stairs, elevators, or escalators.
- Unsafe attractive nuisances – abandoned cars, construction sites, manmade ponds, lakes & fountains, discarded appliances, holes in the ground, piles of junk and other equipment that is dangerous, and present an “attractive” danger to children.
- Swimming pools — unsupervised or unsecured pool, lack of swimming pool fence with functional access limiting gates.
- Leaks from toxic fumes or chemicals.
- Snow and ice – slippery sidewalks, parking lots, and common areas.
Duties Owed to Others by the Owner or Occupier
In Oregon, the duty owed by an owner or occupier of land to a visitor is dictated by the visitor’s status at the time of the accident that caused the injury. Three categories of visitor status exist in Oregon: invitee, licensee, and trespasser. Although there is some overlap, in general, the duty of care owed by an occupier of land to an invitee is greater than that owed to a licensee, and the duty owed to a licensee is greater than that owed to a trespasser. Invitees are people who are invited to be on the land such as citizens on public sidewalks and customers in retail stores. Licensees are on the land for their own purpose with the owner’s consent while trespassers are on the land without the consent of the owner or occupier.
Typical Injuries from Premises Accidents
Premises accidents can often lead to very serious injuries requiring substantial medical treatments, rehabilitation, and ongoing care. Statistics show that 1 in 5 falls cause a serious injury resulting in broken or fractured bones and head injuries. In fact, falls are the most common cause of traumatic brain injury (TBI). A typical premises liability accident may result in significant injuries including:
- Broken and fractured bones – hip fractures, femoral neck fracture, intertrochanteric hip fracture, intracapsular fracture, distal radius fracture.
- Wrist fracture — Colles’ wrist fracture, transverse wrist fracture, open fracture, comminuted fracture, intra-articular fracture, extra-articular fracture.
- Head, skull, and brain injuries – traumatic brain injury, concussion, skull fracture, hematoma, hemorrhage, brain edema, and diffuse axonal injury.
- Neck and spine injuries — cervical spondylosis, herniated disk, slipped disk, spinal cord injury (SCI).
- Wrongful death – 2nd leading cause of accidental death behind car accidents.
If you have been seriously injured while on someone else’s property, and your injury was caused by a dangerous condition or activity on the premises, then you may be entitled to compensation to pay for your recovery and suffering.
Mayor Law specializes in premises injury cases and is uniquely qualified to process your case. Portland premises accident lawyer, Travis Mayor is committed to seeking justice and maximizing the financial compensation for his clients who have been hurt as the result of another person’s negligence in a premises accident. As a former insurance defense lawyer, Travis knows firsthand how insurance companies evaluate cases, pressure parties into “low ball” settlements, and execute trial strategies. This valuable insight from the other side of the table, combined with experience handling hundreds of personal injury cases, is the reason Travis produces extraordinary results. He knows how to effectively prosecute personal injury claims, and he has collected millions of dollars in settlements, jury verdicts and arbitration awards for his clients.
Premises Accident Case Examples
Example 1: A favorable settlement was obtained for a client who was injured at a retail grocery store. The client, an invitee on the premises, was delivering his product to the store’s loading dock and was injured when a heavy steel roll-up door malfunctioned and fell on his head and neck. The store’s door was defective and had malfunctioned in a similar way prior to the incident.
Example 2: Travis Mayor obtained a favorable award at arbitration in a premise liability case caused by a dangerous condition in a Dairy Queen parking lot. The client was a customer who stepped into an unmarked hole in the parking lot, fell, and broke her arm and elbow. As a medical transcriptionist, she was unable to work and lost significant income. The parking lot was not well lit and the hole was not obvious at nighttime. Dairy Queen denied liability despite knowing about the defective condition. After an arbitration hearing, the arbitrator found in favor of the injured customer and ruled that Dairy Queen must compensate her for her medical expenses, lost income and pain & suffering.
Do I need a premises accident lawyer?
Every Oregon property owner or occupier (tenant) owes people who are invited onto the property certain obligations such as safety and security. The owner or occupier must maintain the property in a reasonable safe condition and must exercise reasonable care to discover conditions on the premises that create an unreasonable risk of harm to invitees. The owner or possessor of the land must then eliminate the dangerous condition or inform visitors that certain hazardous conditions exist. If the owner or occupier is negligent in meeting such obligations, then they can be held liable for your injuries. A premises liability case can be complex, requiring immediate investigation to establish certain facts in the case — foremost is what the owner or occupier knew (or should have known) about the hazardous condition causing the accident. This is where a Premises Accident Lawyer can step in and preserve the facts of the case before memories fade and evidence is lost. The existence of a hazard over several months, with the owner just not getting around to fixing the problem, is quite different than a spill that occurred 30 seconds ago and is in the process of being cleaned up. To be successful you must address and establish the following:
- The possessor of the property had a duty to provide a safe and secure environment: they owned, controlled, or operated the premises.
- Notice or awareness of the hazard: they knew or should have known that the hazard would cause harm to anyone invited on the property, and did nothing to correct or limit public exposure to the hazard.
- The hazard was dangerous: the hazard that caused the accident was dangerous and not a minor problem.
- You were injured and suffered damages as a result of the hazardous condition. Your damages can include medical bills, lost wages and pain & suffering.
While it may seem straightforward to establish these facts, it is not always simple. To someone who walked into a store, slipped on the floor, and suffered a spine injury, it is straight forward. But to the legal team defending the store, video of the accident can be used to paint a different picture:
- Did you fall because you were off balance?
- Why were you moving so fast?
- Your children walked very close to you – did that cause you to fall?
- You were on your cell phone – did that distract you from seeing the hazard? Or the warning signs?
- Have you slipped before?
- Were you watching where you were walking?
These are all tactics to raise questions about who was really at fault, meaning were you partially (or completely) at fault in causing the accident. If they are successful at creating the belief that your carelessness caused the accident, then you will have a low probability of success. This is why you need a skilled, knowledgeable Premises Accident Lawyer to represent your best interests.
Why is it important to retain a premises accident lawyer that does not shy away from litigating personal injury cases?
Dealing with large companies and their insurance carriers is a difficult and complex task. They are schooled in how to approach and defend personal injury cases. Depending on the facts of the case, they typically pursue several strategies including denying they knew about the hazard, or they were in process of actively correcting the hazard, or you, the victim, contributed or caused the accident with your unreasonable behavior. It is necessary for you to go on the offensive and obtain the legal resources to investigate the accident, and gather supporting facts and witness statements before evidence disappears and witness’s memories blur.
“I have reached final settlements that were 10x times greater than the initial offers simply because we do not shy away from litigating cases.” — Premises Accident Lawyer, Travis Mayor
In the early stages of the case, the defendant’s insurance company will typically make an “initial low-ball” settlement offer, without admitting fault, in an attempt to make your claim go away. They are testing your resolve to pursue the case. Having legal representation on your side who is not interested in quick, but unfair settlements sends a clear message that we have a great case and won’t settle for low-ball offers. In many cases, I have reached final settlements that were 10 times greater than the initial offers simply because we do not shy away from litigating the case.
What type of damages can I recover if I’ve been injured in a slip and fall, or other premises accident?
When property owners or occupiers breach their duty to provide a safe and secure environment free of dangerous hazards, they can be held liable for the damage they cause. Recovering from serious slip and fall, trip and fall, or other premises accidents, can be an expensive proposition requiring months of medical treatments, and in some cases lifelong support. To recover these damages, we recommend seeking the assistance of an experienced Portland Premises Accident Attorney to lead the effort; one who knows how to recover compensation including:
- Medical expenses – hospitalization, doctors, drugs, and medications
- Long term medical, physical, and occupational therapy
- Lost wages, income – during your treatment period and potentially in the future
- Other expenses – transportation, household duties, personal care
- Long term care – dealing with the consequences of traumatic brain injury, or other physical and mental impairment
- Pain and suffering
- Emotional distress
Obtaining compensation for slip and fall, or other premises liability accidents, with significant damages can be a lengthy and complex process that is best performed by knowledgeable legal professionals. In most cases, you must deal with two large organizations, the landowner or tenant and their insurance carrier, staffed with seasoned lawyers. It will not be their first time defending a slip and fall, or premises liability case! This is why you need the services of a knowledgeable Premises Accident Lawyer who is equally aggressive.
Getting Results for Families in Oregon
At Mayor Law, it is our goal to help the families of Oregon premises accident victims achieve justice and restore their lives. Portland Premises Accident Lawyer, Travis Mayor will help you by reducing the hassle, complexity, and anxiety of navigating the legal process, while maximizing your financial compensation. Travis Mayor has recovered millions of dollars for families of personal injury victims. For every Oregon client who has suffered through serious a premises injury accident, Travis offers personal service with proven results.
Contact us today for a free, no-obligation consultation and case evaluation. At Mayor Law, LLC, we understand the legal implications of a premises injury lawsuit. More importantly, we understand your family’s pain. We use our experience, knowledge, and resources to build a strong case and secure the compensation you need to cope with the injury for potentially years to come.
Articles of interest and additional resources:
- Personal Injury Case FAQs
- Traumatic Brain Injuries FAQs
- 9 Ways to Avoid Getting Duped by Insurance Company Settlement Tactics… And Recover For Your Injuries
- Free Legal Consultation with a Personal Injury Lawyer
- What is my personal injury case worth?