PREMISES LIABILITY

OREGON PREMISES LIABILITY

Business owners, landlords and homeowners generally have a duty to protect others from dangerous conditions on their property. When an owner creates a serious hazard that causes harm a viable claim may exist.  Dangerous conditions can mean an unsafe construction zone or sidewalk, inadequate security, or any other safety violation or condition that poses a risk of injury to someone.  The law provides strict deadlines for bringing injury, insurance and wrongful death claims.  Under Oregon law, property owners and managers (including business owners, homeowners and property management) generally have a duty to protect others from dangerous conditions on their property in certain circumstances. Determining whether a claim is viable requires analysis of common law and, in some cases, regulatory, statutory, or industry-imposed standards of care. 

You are invited to contact Joe Durkee today for a free consultation-
Phone 971.998.6790
E-mail kjdurkee@yahoo.com

VIDEOS

Premises Liability
Compliments of Law Info and You Tube

Slip and Fall Injuries
Compliments of Law Info and You Tube

Apartment and Home Rentals
A landlords’ failure to maintain apartments, apartment complexes, town homes, condos, home rentals, cabin rentals, vacation rentals, and other property rentals in habitable condition have been known to cause injuries. Examples of such injuries include children falling from windows that do not have working latches or window guards, broken steps, broken handrails, stairs or railings that are missing or in disrepair, broken ladders or rungs, stair rails or balusters that are too wide, cracked sidewalks, broken sliding glass doors, faulty electrical outlets, inadequate security or security gates, doors or alarms, children drowning in pools, and fires from poor electrical wiring.  Fire claims can require substantial forensic analysis.  These claims include apartment fires, duplex fires and house fires.  Often, injuries result where the owner failed to provide a required fire alarm or smoke detector, or from a lack of fire alarms and smoke detectors; or a lack of fire escape.  Injuries can also be caused from holes on the property, a hole in the driveway or a hole in the sidewalk or grass, and dangerous power lines. Carbon monoxide exposure can be another cause of serious injury or death. Our attorneys have evaluated claims in many of these contexts.  Business owners, landlords and homeowners generally have a duty to protect others from dangerous conditions on their property. When an owner creates a serious hazard that causes harm a viable claim may exist.  Dangerous conditions can mean an unsafe construction zone or sidewalk, inadequate security, or any other safety violation or condition that poses a risk of injury to someone. The law provides strict deadlines for bringing injury, insurance and wrongful death claims.

Grocery Stores, Shopping Malls and Department Stores
The negligence of employees at grocery stores or supermarkets can cause many dangerous conditions and injuries: falls from water, fruit, produce or other substances on the floor or sidewalk; hand trucks, boxes or other items obstructing isles; objects such as chairs, mirrors, other merchandise falling from racks; and falls from ice, curbs or a hole in the parking lot or parking garage, particularly if they have inadequate lighting or have poor lighting. Elevators and automatic glass doors have also been known to cause injuries to customers. Injuries have been known to occur even in major stores.  Major retailers and their insurers generally defend injury claims aggressively, and in many cases force the injured person to pursue their claim all the way through trial. The appellate courts have generated a number of cases addressing landowners' responsibility for inadequate security of parking lots, parking garages, or sidewalk areas in and around schools, banks, apartments and other public spaces. A careful evaluation is often necessary to determine whether these claims are viable.

Homes and Condominium or Homeowner Associations
Homeowners can sometimes be held liable for persons injured on their property, although it is usually the homeowners insurance company that pays for the injuries. Even if home owner is not at fault for the injury, the homeowner’s insurance policy may pay some limited “med pay” benefits for the medical bills. Injuries at homes have been known to be caused by the following conditions: a hole in the yard, fence, or deck; stairs (with or without rails or railing), walkways, driveways, sidewalks, water features, rivers, ponds, lakes, canals, ponds, ditches, swimming pools, hot tubs, Jacuzzis, unlighted areas such as stairs or walkways, porches, propane heaters, and dogs that bite sometimes when they escape from their leash (including pit bull dogs).
Office Buildings and Museums
People visiting office buildings and museums can be injured by faulty stairs or railing; substances left on the floor; cracked or broken sidewalks or sidewalks with leaves, ice or other debris; and loose manhole covers.
Abandoned Buildings and Abandoned Factories
Abandoned buildings and abandoned factories can be very dangerous places that provide unsafe conditions.  Injury can result from a variety of things including: broken windows, broken equipment, down power lines that can electrocute a person, utility poles or guy wires in disrepair or harmful coal dust.  Another danger lies in the abandoned parking lot where someone could be abducted or raped. 

Inadequate Security
Injury or death can be caused by inadequate security.  Inadequate security can allow a shooting, stabbing, rape, robbery, theft, assault, murder or other criminal activity to occur where none would otherwise occur with proper security. Inadequate security can occur in or around schools, parks, banks, rentals, apartment complex parking lots, apartment complex laundry rooms, shopping centers, grocery stores, shopping malls, hotels and motels, restaurants, bars, convenience stores, department stores, large retail stores, parking garages, or sidewalk areas. Inadequate security can take the form of failure to post security guards, failure to warn about dangerous tenants or tenants with a criminal background, landlord's failure to give notice of other crimes or assaults, failure to provide sufficient lighting, and landlord's failure to provide working locks on doors and latches on windows.

Workplace and Construction Sites
Places of employment or where subcontractors come to work can pose particular risks of injury if the employer, owner, manager, or contractor fails to exercise reasonable care. Employees or workers have been know to suffer injuries and falls from: unsafe construction sites because materials are not secure, slippery surfaces, unsecured or unsafe structures or conditions (loose plywood, skylights, roofs, steam and hot water, stairs, scaffolding, bulldozer, bull dozer, landing, automotive lift, crane, railings, doors, power poles, metal poles, trenches, pits, unsafe equipment or rigs), exposure to toxic chemicals (mesothelioma from asbestos), gas lines, tree trimming, falls and electrocution. In certain circumstances, the workers compensation bar does not apply. Window falls can occur in the workplace situation in which a window washer falls from scaffolding. Employers or other companies responsible for the workers safety can fail to properly train or supervise the work of the window washer. This failure in turn can cause the death of the window washer. Failures of equipment or harnesses can also cause death to window washers. If the equipment or harness has a design or manufacturing defect that can cause a failure which in turn causes injury or death the window washer.

Restaurants and Bars
At restaurants and bars, customers can fall if the establishment fails to keep floors, stairs and walkways free from spills. Premises liability actions have been brought against establishments that fail to eject customers who pose a danger (often from intoxication) to other patrons. Additionally, restaurants and bars that serve liquor or alcohol to visibly intoxicated persons can be held liable if the intoxicated person then injures another person. These injuries usually occur when a drunk driver hits someone. The restaurant or bar may be held liable in certain circumstances.  In Oregon, in many cases the deadline for a claim against the restaurant or bar that served the visibly intoxicated person is 180 days.  The deadline for claims against other parties may be longer. 

LIQUOR LIABILITY

Liability to others
Under the liquor liability statute, a licensee, permitee, or social host is liable for damages incurred by intoxicated patrons or guest only if: Alcoholic beverages were served while the patron or guest was visibly intoxicated; and If plaintiff did not substantially contribute to the intoxication. A claimant may bring a common-law negligence action against a person or entity that negligently supplied alcohol to the claimant when he or she already was visibly intoxicated, if the claimant suffered injuries caused by that negligent conduct.

Liability for serving a minor:
No licensee, permitee or social host shall be liable to third persons injured by or through persons not having reached 21 years of age, unless a reasonable person would have: Requested age identification; or determined that the identification was altered or did not accurately describe the person to whom the alcoholic liquor was sold or served.

Notice Requirement:
An action for damages caused by intoxicated patrons off the premises may be brought against a licensee, permitee or social host only if notice was given within the following timeline: One year for damages arising out of wrongful death; or 180 days for injuries other than wrongful death; and Notice requirement begins to accrue when the person asserting the claim discovers or reasonably should have discovered the existence of a claim. Notice requirements do not apply to the following: Claimants under 18 years of age or incapacitated; Claimants unable to give notice by reason of the injury or by reason of being financially incapable; or Claimants unable to determine identity of responsible party due to assertion of the server’s right against self-incrimination. Notice requirements are met under following circumstances: Formal notice is given in writing asserting a claim for damages, describing the time, place and circumstances, and including the
claimant’s name and address; Defendant had “actual notice” of the potential claim; An action is commenced by or on behalf of the claimant within the notice period.

You are invited to contact Joe Durkee today for a free consultation-
Phone 971.998.6790
E-mail kjdurkee@yahoo.com

Return to Durkee Law Office Home Page

DISCLAIMER
Oregon Personal Injury Lawyer / Attorney Web sites, including this one, provide general information but do not provide Oregon Personal Injury Attorney / Lawyer legal advice.  Consult an experienced Oregon Personal Injury lawyer / attorney who handles car collision injury,injury, bike collision injury, bicycle collision injury for Oregon Personal Injury advice about specific Oregon personal injury claims or Oregon personal injury cases.  Remember that virtually all Oregon personal injury, car injury, motorcycle injury, bike injury, bicycle injury, wrongful death and premises injury claims and lawsuits are time sensitive.  So, don't delay in seeking Oregon Personal Injury Lawyer / Attorney advice by a qualified Oregon Personal Injury Lawyer / Attorney in Oregon.  Oregon Personal Injury attorneys / lawyers are governed by the Oregon Code of Professional Responsibility.  If you have been been injured in an automobile, auto, car, bike, bicycle, motorcycle, moped, bicycle or truck related collision causing injury, consider Oregon lawyer / attorney Joe Durkee.  This web site may be considered an advertisement for services under the Oregon Code of Professional Responsibility.  Mr. Durkee is an Oregon Personal Injury attorney / lawyer handling car collision, auto collision, automobile collision, motorcycle collision, moped collision, bike and bicycle collisions in Oregon land does not seek cases outside of the State of Oregon.

AREAS OF SERVICE
A
Adams, Adel, Adrian, Agness, Albany, Allegany, Aloha, Alsea, Alvadore, Amity, Antelope, Applegate, Arch Cape, Arlington, Arock, Ashland, Ashwood, Astoria, Astoria, Athena, Aumsville, Aurora, Azalea 
B
Baker City, Bandon, Banks, Bates, Bay City, Beatty, Beaver, Beavercreek, Beaverton, Bend, Blachly, Black Butte Ranch, Blodgett, Blue River, Bly, Boardman, Bonanza, Boring, Bridal Veil, Bridgeport, Brightwood, Broadbent, Brogan, Brookings-Harbor, Brookings-Harbor, Brooks, Brothers, Brownsville, Burns, Butte Falls, Buxton
C
Camas Valley, Camp Sherman, Canby, Cannon Beach, Cannon Beach, Canyon City, Canyonville, Cape Blanco, Carlton, Cascade Locks, Cascadia, Cave Junction, Cayuse, Cedar Hills, Cedar Mill, Central Point, Charleston, Chemult, Cheshire, Chiloquin, Christmas Valley, Clackamas, Clatskanie, Cloverdale, Coburg, Colton, Columbia City, Condon, Coos Bay, Coos Bay, Coquille, Corbett, Cornelius, Corvallis, Cottage Grove, Cottage Grove, Cove, Crabtree, Crane, Crater Lake, Crawfordsville, Crescent, Crescent Lake, Creswell, Crooked River Ranch, Culp Creek, Culver, Curtin
D
Dairy, Dale, Dallas, Days Creek, Dayton, Dayville, Deadwood, Deer Island, Depoe Bay, Detroit, Dexter, Diamond, Diamond Lake, Dillard, Donald, Dorena, Drain, Drewsey, Dufur, Dundee, Durham, Durkee
E
Eagle Creek, Eagle Point, Eastside, Echo, Eddyville, Elgin, Elkton, Elmira, Enterprise, Estacada, Eugene
F
Fairview, Fall Creek, Falls City, Fields, Florence, Florence, Forest Grove, Fort Klamath, Fort Rock, Fossil, Foster, Fox, Frenchglen,
G
Gales Creek, Gardiner, Garibaldi, Gaston, Gates, Gearhart, Gervais, Gilchrist, Gladstone, Glendale, Gleneden Beach, Glide, Gold Beach, Gold Beach, Gold Hill, Government Camp, Grand Ronde, Grants Pass, Grass Valley, Gresham
H
Haines, Halfway , Halsey, Hammond, Happy Valley, Harbor, Harper, Harrisburg, Hebo, Helix, Heppner, Hereford, Hermiston, Hillsboro, Hines, Hood River, Hubbard, Huntington,
I
Idanha, Idleyld Park, Imbler, Imnaha, Independence, Ione, Ironside, Irrigon
J
Jacksonville, Jamieson, Jasper, Jefferson, John Day, Jordan Valley, Joseph, Junction City, Juntura
K
Keizer, Keno, Kent  Kerby, Kimberly, King City, Klamath Falls
L
La Grande, La Pine, Lafayette, Lake Oswego, Lakeside, Lakeview, Langlois, Lawen, Leaburg, Lebanon, Lexington, Lincoln City, Lincoln City, Logsden, Long Creek, Lorane, Lostine, Lowell, Lyons
M
Madras, Malin, Manzanita, Mapleton, Marcola, Marion, Marylhurst, Maupin, McKenzie River Valley, McMinnville, Meacham, Medford, Mehama, Merlin, Merrill, Midland, Mill City, Milton-Freewater, Milwaukie, Mitchell, Molalla, Monitor, Monmouth, Monroe, Monument, Moro, Mosier, Mount Angel, Mount Hood, Mount Hood Parkdale, Mount Vernon, Mulino, Murphy, Myrtle Creek, Myrtle Point
N
Nehalem, Neotsu, Neskowin, Netarts, New Pine Creek, Newberg, Newport, Newport, North Bend, North Plains, North Powder, Norway, Noti, Nyssa
O
Oak Grove, Oakland, Oakridge, O'Brien, Oceanside, Odell, Ontario, Ophir, Oregon City, Oretech, Otis, Otter Rock, Oxbow
P
Pacific City,  Paisley, Paulina, Pendleton, Philomath, Phoenix, Pilot Rock, Pistol River, Pleasant Hill, Plush, Port Astoria, Port Orford, Portland, Post, Powell Butte, Powers, Prairie City, Princeton, Prineville, Prospect
R
Rainier, Redmond, Reedsport, Remote, Rhododendron, Richland, Rickreall, Riddle, Riley, Ritter, Riverside, Rockaway Beach, Rockaway Beach, Rogue River, Rose Lodge, Roseburg, Rowena, Rufus
S
Saginaw, Saint Benedict, Saint Helens, Saint Paul, Salem, Salem, Salem, Sandy, Sauvie's Island, Scappoose,  Scholls, Scio, Scotts Mills, Scottsburg, Seal Rock, Seaside, Seaside, Selma, Seneca, Shady Cove, Shaniko, Shedd, Sheridan, Sherwood, Siletz, Silver Lake, Silverton, Sisters, Sixes, South Beach, Sprague River, Spray, Springfield, Stanfield, Stayton, Sublimity, Summer Lake, Summerville, Sumpter, Sunriver, Sutherlin, Sweet Home, Swisshome
T
Talent, Tangent, Tenmile, Terrebonne, The Dalles, Thurston, Tidewater, Tigard, Tillamook, Tillamook, Tiller, Timber, Timberline Lodge, Toledo, Tolovana Park, Trail, Troutdale, Tualatin, Turner, Tygh Valley
U
Ukiah, Umatilla, Umpqua, Union, Unity
V
Vale, Veneta, Vernonia, Vida
W
Waldport, Wallowa, Walterville, Walton, Wamic, Warm Springs, Warren, Warrenton, Wasco, Wedderburn, Welches, West Linn, West Main, West Stayton, Westfall, Westfir, Westlake, Weston, Westport, Wheeler, White City, Wilbur, Wilderville, Willamina, Williams, Wilsonville, Winchester, Winchester Bay, Winston, Wolf Creek, Woodburn
Y
Yachats, Yamhill, Yoncalla

Additional Oregon Personal Injury Lawyer/Attorney/Law Words , Cars, autos, bikes, bicycles, motorcycles,Vehicles, collisions, moped, motorcycles, car, head-on collision, auto collisions, fatal, truck, motor vehicle, ATVs, amputee, amputated, paralyzed, paralysis, quadriplegic,  Additional Services/site content:  attorney, wrongful death claims, Oregon personal injury lawyer attorney / lawyer, collision attorney, oregon personal injury, collision attorney, maritime oregon, attorney injury maritime, collision attorney boating , truck collision attorney, collision attorney construction , wrongful death attorney, car collision attorney oregon, auto collision attorney , fatal, settlement, settlements, report, claim, motorcycle collision attorney oregon, wrongful death, airplane crash, boating, boats, jet-ski, wave runner, river, vessel, ships, sailor, seaman, seamen, seaman, longshoreman, Medford, Central Oregon Attorney at Law, Columbia River, boat, Willamette River, Interstate, Road, Street, Rail Line, I-5, Interstate 84, Highway 99, lawsuit, quadriplegic, paraplegic, wheel chair, severed spinal cord, ATV, ATV's, collide, collision, motor boat, boating, oregon personal injury.  Attorney Practice Areas: Oregon Personal Injury, Vehicle collisions, Automobile, Motorcycle, Bicycle, Truck, Bus, Light Rail, Scooter, ATV - All Terrain, Snowmobiles, Vehicular Assaults, Drunk Driving Victims, Wrongful Death, Negligence, Dog Bites, Premises Liability. Serving the following Oregon cities: Portland, Salem, Eugene, Beaverton, Hillsboro, Medford, Bend, Springfield, Albany, Aloha, Corvallis, Keizer, Grants Pass, Lake Oswego, McMinnville, Milwaukie, Oregon City, Roseburg, Tigard, Tualatin, West Linn, Woodburn, Troutdale, St. Helens, Vernonia, Yamhill, Hood River, The Dalles, Gresham, Ontario, Astoria, Seaside, Umatilla, Cottage Grove, Monmouth, Lincoln City, Central Oregon, Eastern Oregon, Southern Oregon, Oregon Coast, Multnomah County, Washington County, Clackamas County, Yamhill County, Columbia County, Hood River County, Wasco County, Marion County, Linn County, Lane County, Josephine County, Jackson County, Douglas County, Clatsop County, Tillamook County, Pendleton.