Oregon law allows residents to file lawsuits if they’ve slipped and fallen on the property of another. This area of law is called “premises liability,” and you may hear an attorney refer to slip and falls as premises liability claims. In Oregon, you can recover for your injuries if there is some evidence the condition that caused your fall was due to negligence on the part of the owner of the premises. Because not every instance of a slip and fall leads to liability, however, it’s critical to your case that you document the fall in order to prove your case.
Take photos
The most important first step in a slip and fall case is to take photos of the location where the fall occurred. Don’t assume that because an employee saw the incident or filed a report (more on that below), that you don’t have to do anything else. If you can see exactly what caused the fall, take a picture of it immediately following the fall. Take the photo in good lighting if possible and use flash if necessary. A good, clear image of exactly what you fell on can strengthen your case substantially. In addition to showing what you fell on, you may also want to take a picture of the conditions of the general location where you fell. Was it dark? Are there slippery spots everywhere, such as ice or oil? Photographing those conditions can help prove your case later in court.
Get witness statements
A witness can also improve your chances of recovery for your fall. Therefore, if anyone witnessed your fall or saw what you fell or tripped on, ask them to provide a statement to the store or establishment. If they refuse, ask if they will provide their contact information, including name and telephone number. Your attorney may be able to contact them later to get a statement.
Provide a written statement to personnel
Whether you fell in a parking lot, apartment building, or store, providing a written statement of what just occurred is also imperative. First, that statement will serve as evidence of what you believe occurred and can bolster any physical evidence discovered later. Second, providing a written statement can prompt an investigation by personnel, which may include reviewing video tape of the fall, inspection of the premises where the fell occurred, and can lead to other witnesses in your case.
If you’ve been hurt on someone’s premises, contact us, the experienced Oregon personal injury attorneys at ClarkeGriffin, LLC for a consultation. Let’s work together to get you the compensation you deserve.
