Slip and Fall Accidents

Slip and Fall Accidents in Oregon

Fighting for the Results You Deserve

Slip and fall accidents may seem minor, but the injuries sustained in such incidents can be potentially catastrophic and life-changing. If you were injured in a slip and fall accident that occurred on someone else’s property, the personal injury team at The Gatti Law Firm in Oregon can provide the representation you need to secure fair and just compensation. With our knowledgeable attorneys on your side, you can rest assured you will receive the best possible results for your case.

Reach out to our law firm today at (503) 543-1114 to request a free initial consultation with one of our attorneys to get started on your case.

What is a slip-and-fall accident?

A slip-and-fall accident, often referred to as a slip-and-fall incident or simply a slip-and-fall, is a type of personal injury accident that occurs when an individual loses their balance, slips or trips, and then falls on someone else’s property. These accidents typically happen due to hazardous or unsafe conditions on the property, such as wet or slippery floors, uneven surfaces, poorly maintained walkways, or obstacles in the walking path. Slip-and-fall accidents can result in a range of injuries, from minor bruises and sprains to more severe injuries like fractures, head injuries, or spinal injuries.

Where do slip-and-fall accidents happen?

While slips and falls can occur anywhere. the following are common examples of where theses accidents might occur: 

  • Restaurants
  • Supermarkets
  • Hotels
  • Department stores
  • Malls
  • Parking lots
  • Sidewalks on commercial property
  • Office buildings
  • Other people’s homes

What causes slip-and-fall accidents?

  • Loose Floorboards: Floorboards that are not properly secured to the subfloor can become a tripping hazard when they shift or become uneven.
  • Cluttered Floors: Walkways or pathways obstructed by clutter, such as boxes, cords, or other objects, can lead to trips and falls.
  • Parking Lot Potholes: Potholes in parking lots, driveways, or other paved areas can cause individuals to trip or lose their balance.
  • Defective Sidewalks: Sidewalks with cracks, holes, or uneven surfaces can be hazardous and may cause trips and falls.
  • Torn Carpeting: Carpeting that is ripped, frayed, or has loose edges can lead to tripping accidents.
  • Poorly Constructed Staircases: Staircases with issues such as uneven steps, a lack of handrails, or inadequate design can increase the risk of falling on stairs.
  • Recently Waxed or Mopped Floors: Floors that have been freshly waxed, mopped, or otherwise treated and are still wet or slippery can be a common cause of slip-and-fall accidents.
  • Moisture Collection: Moisture accumulation on surfaces, whether from leaks, condensation, or other sources, can make floors slippery and hazardous.
  • Loose Mats: Mats, rugs, or carpets that are not properly secured can cause individuals to slip, trip, or stumble.

The damages you may be entitled to include are:

  • Reimbursement of all medical expenses including rehabilitative care
  • Any wages that are lost
  • Future lost earnings resulting from the inability to work
  • Pain and suffering including the impact on your enjoyment of life

How do I prove liability in a slip-and-fall accident lawsuit?

To establish liability in a slip-and-fall accident lawsuit in Oregon, the plaintiff (the injured party) must demonstrate that the property owner or possessor was negligent. Negligence means that the property owner failed to take reasonable care in maintaining the premises, resulting in the injury.

To prove liability in a slip-and-fall case in Oregon, several key elements need to be established:

  • Duty of Care: The plaintiff must establish that the property owner owed them a duty of care. In Oregon, this duty is determined by the legal status of the visitor. There are three primary categories of visitors:
    • a. Invitee: Individuals who are on the property for the benefit of the property owner or with the owner’s permission.
    • b. Licensee: Individuals who are on the property with the owner’s consent but for their own purposes.
    • c. Trespasser: Individuals who are on the property without permission.
  • Breach of Duty: The plaintiff must prove that the property owner breached their duty of care. This involves demonstrating that the property owner failed to take reasonable steps to prevent or rectify hazardous conditions on their property. This could include inadequate maintenance, failure to warn of hazards, or negligence in responding to known dangers.
  • Causation: The plaintiff must show that the property owner’s breach of duty was the proximate cause of their injuries. In other words, they must establish a direct link between the property owner’s negligence and the slip-and-fall incident.
  • Foreseeability: The plaintiff must demonstrate that the hazardous condition that led to the accident was foreseeable. This typically involves showing that the property owner either knew about the dangerous condition or should have known about it through reasonable inspection and maintenance.
  • Notice: The plaintiff must provide evidence that the property owner had actual or constructive notice of the hazardous condition. Actual notice means the owner was aware of the dangerous condition, while constructive notice suggests that they should have been aware of it through reasonable inspection or a history of similar incidents.
  • Damages: The plaintiff must demonstrate the extent of their injuries and resulting damages. These can include medical bills, lost wages, pain and suffering, and other related expenses.

What is comparative negligence?

Oregon recognizes comparative negligence laws. If you bear any fault or responsibility for the accident that resulted in your injuries, it will affect the amount of compensation you are able to recover. For example, if a jury finds that you are 30% responsible for the accident, your award will be reduced by that amount. However, if you are more than 50% responsible for the accident, you will not receive any compensation for your injuries.

Below is a list of arguments a property owner may use to hold you at least partly responsible for your injuries:

  • The condition of the property and its dangers should have been obvious to you
  • Reasonable steps were taken to warn visitors of the dangerous condition
  • You were distracted at the time of the accident (for example, you were using your phone)
  • You were in an area of the property where visitors or customers are not allowed to be
  • Your footwear was dangerous or inappropriate, given the circumstances

There are many potential challenges you may face while pursuing compensation, so it is crucial to hire an experienced attorney as soon as possible to ensure the responsible party is held accountable for your suffering.

Speak to One of Our Experienced Personal Injury Attorneys During a Free Consultation Today!

If you were injured during a slip and fall accident, the skilled legal professionals at The Gatti Law Firm in Oregon will fight tirelessly on your behalf, so you can recover the compensation you need to get back on your feet. We understand how challenging the aftermath of such a terrible incident can be and will do what we can to lessen your burdens during this difficult time.

Reach out to our law firmtoday at (503) 543-1114 to set up a free initial consultation with a member of our personal injuryteam to learn more about what we can do for you.


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