Slip and fall accidents in Oregon fall under premises liability law, where property owners can be held responsible for injuries caused by unsafe conditions they knew or should have known about. Fault depends on negligence, visitor status, and comparative fault rules. Compensation is possible if you prove the owner’s breach of duty led to your injuries, though your recovery may be reduced or barred based on your share of blame.
Determining Fault
Property owners owe a duty of care based on your status as an invitee (e.g., customer, highest duty to inspect and fix hazards), licensee (e.g., social guest, warned of known dangers), or trespasser (minimal duty, only against willful harm). To prove fault, show a dangerous condition existed (wet floor, uneven tile), the owner had actual or constructive notice (long-standing spill), failed to warn or fix it reasonably, and this caused your injury. Evidence like poor lighting, prior incidents, or ignored maintenance strengthens claims.
Comparative Negligence Rule
Oregon uses modified comparative negligence: you can recover if less than 51% at fault, but damages reduce by your percentage (e.g., 35% fault means 65% recovery). Over 50% fault bars recovery entirely. Factors like ignoring warnings or distractions (e.g., phone use) may assign you partial blame.
Compensation Possibilities
You can seek economic damages (medical bills, lost wages) and noneconomic damages (pain, suffering), potentially via insurance claims or lawsuits. File within two years of the injury under ORS 12.110. Report the incident immediately, seek medical care, document the scene and witnesses, and consult a lawyer to investigate and negotiate. Success hinges on evidence of owner negligence outweighing your fault.
