Even though slip-and-fall accidents may not be as common as other types of personal injuries, like car accidents, the damages can still be severe. Serious injuries and even life-long disabilities are just some of the outcomes you may be dealing with after a slip-and-fall. 

When your accident is caused by another person’s negligence, the law requires that the liable party compensate you for resulting losses. Slip-and-fall incidents often occur in buildings or establishments where the owner fails to take the necessary precautions to prevent harm, under premises liability. 

The best way to know whether a building owner or other related parties is responsible for your injuries is to evaluate your case with a Portland slip-and-fall lawyer. The attorneys at Craig Swapp & Associates can help you take action as soon as possible. 

When to Sue After a Slip-and-Fall Accident 

One of the biggest worries for slip-and-fall victims is how to pay for the unforeseen expenses and whether they can pursue a settlement award to cater for the damages. 

To sue for a slip-and-fall, the plaintiff has to prove the negligence of the property owner by showing: 

  • A Duty of Care Owed – The reasonable care owed to you by the premises’ management will depend on your visitor status on the building as either an invitee, licensee, or trespasser. 
  • A Breach of Duty – Showing how the accused party failed in maintaining safety standards and preventing harm or did not warn visitors of existing injury risks.    
  • Causation – Proving that the above breach caused your fall and subsequent injuries sustained. You can do this by reviewing CCTV cameras, talking to eyewitnesses, and the doctor’s reports. 
  • Resulting Harm – This harm is also known as damages and involves showing the different ways that the fall has affected you and your loved ones, both monetary and non-monetary-wise. 

Defenses to Slip-and-Fall Claims a Defendant May Use

Typically, the liable parties will attempt to deny some liability. Common defenses they may use include:

  • You were trespassing on the property
  • The responsible party was not aware of the risk
  • The danger was visible and apparent
  • The party took all the necessary preventive measures despite the fall
  • The claim is impacted by Portland’s contributory comparative negligence law 

How a Slip-and-Fall Lawyer Can Help

Besides helping you counter these defenses, a slip-and-fall lawyer can do many other things to pursue your full compensation. 

When you call an attorney, they’ll start by investigating the circumstances surrounding the accident to prove negligence. They’ll then build a case against the liable parties, determine the monetary value of damages you’re owed, and present the claim to the defendant’s insurance provider.

Should the insurer decline to pay the right amount of compensation, a slip-and-fall lawyer can escalate the case to a civil court and represent your interests in the trial.  

Speak with a Slip-and-Fall Attorney in Portland

Slip-and-fall claims often collapse due to a lack of evidence to prove negligence. Gathering evidence when the fall occurs and thereafter is crucial to recovering all the damages you’ve suffered. A slip-and-fall lawyer from Craig Swapp & Associates will know how and where to look for proof that the building owner or other liable parties are responsible for your injuries. 

When you’re ready to take advantage of a free consultation with us, call 1-800-404-9000 or fill out the contact form below.