Slip & Fall Injury Attorney Portland, OR

 

“Slip and Fall” accidents are among the hardest claims to prove. This is because, unlike auto accidents where a rear-ended plaintiff cannot be held liable for the accident, in “premises liability” cases, the defense will always try to blame the plaintiff for “failing to maintain a proper lookout” or “assuming the risk” of the accident and the injury.

Fortunately, the law creates certain duties for “possessors” of property (leasers, owners, renters) depending upon the status of the person injured on their property. The two most important of these classifications are “licensees” and “invitees.”

“licensee” is a person who, “with the [possessor’s] permission, comes upon a premises for the licensee’s own purposes, often social.”1In contrast, an “invitee” is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business or the financial gain of the possessor of the land.”2

This becomes important because if you were injured falling through the floor at your Aunt Mary’s house, you would be classified as a “licensee,” and Aunt Mary’s only responsibility was to protect you from hazards that she knows or has reason to know about.3

On the other hand, if you were shopping at Fred Meyer and you slipped on a grape in the produce section, your status would be that of an “invitee,” and Fred Meyer’s liability would have been to protect you from hazards they knew, or should have known about. So you see, because you were on the premises for Fred Meyer’s financial benefit, the store has a higher obligation to inspect and insurethat its premises are safe from dangers that are foreseeable, given the use of the premises.

 

Call today for a free, confidential consultation – (503) 227-3800


Testimonial

"Adam Greenman is one of the best attorney's I have ever used. His service and concern for my particular case made getting through something horrible and scary much easier and calmer. His entire staff are very professional, caring and concerned. Adam went above and beyond what I expected. He even opened his office doors on a Sunday afternoon for me when I could not see him any sooner. I highly recommend him for anyone needing an attorney who knows the criminal law and actually cares and is concerned with your actual innocence or guilt. I have only high remarks for the service I receive using Adam Greenman and he will always be the first attorney I go to for legal advice or services."

- Tina Wilson on BirdsEye


1. Nelsen v. Nelsen, 174 Or.App. 252, 256, 23 P.3d 424 (2001).
2. Restatement (Second) of Torts § 332(3) (1965); see also Cassidy v. Bonham, 196 Or.App. 481, 486, 102 P.3d 748 (2004) (applying that formulation).
3. Nelsen, 174 Or.App. at 258, 23 P.3d 424 (quoting with approval Restatement at § 342).
4. Mickel v. Haines Enterprises, Inc., 240 Or 369, 372 (1965).