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Premises Liability

Advocating For Portland, Oregon Residents In Premises Liability

Trip and fall and slip and fall accidents can cause serious injuries. Property owners and their insurance carriers usually try and pin responsibility on the person who fell, arguing that they should have known about or seen the hazard, and avoided being hurt by it. This argument—that the injured person is comparatively at fault—is more successful in slip and fall and trip and fall cases than in any other kind of case. For this reason, it is crucial to have an attorney with a proven record of success handling premises liability cases.


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Premises Liability

The trial attorneys at Thomas, Coon, Newton & Frost have extensive experience handling to successful conclusion premises liability cases against private homeowners, commercial business owners, parking garages, hospitals, nursing homes, grocery stores, and shopping centers for a wide variety of dangerous conditions. See Representative Cases for examples of our premises liability work.

Legal Overview

Landowners and possessors owe a duty to those lawfully on their property to use due care to keep the premises safe and to keep their property free of hazards. For some hazards that cannot be avoided, property owners have an obligation to warn guests on their property. The guests of property owners have the right to assume certain premises are safe for their anticipated use. Liability often turns on whether the landowner knew or should have known of the hazard.

Hazards and Dangerous Conditions

Wet floors, broken stairs, improperly configured or constructed stairs, unmarked walkway steps, cracked or raised sidewalks, unpainted traffic islands, improperly placed or installed sprinklers and drains, improperly shored landscapes and difficult-to-see debris are some examples of premises defects that have injured our clients. Premises owners can also be responsible for injuries caused by dog bites and dog attacks that injure others. We have recovered damages for clients injured in the above ways.

Injuries from Slip and Fall & Trip and Fall Incidents

Trip and slip and falls can cause serious injuries, including traumatic brain injuries (TBIs), concussions, leg, hip, hand and elbow fractures, low back injuries including disc herniations and paralysis. Workplace falls from scaffolds, ladders and other platforms are among the most serious, and can be fatal. We have handled cases involving all these injuries, and more.

Prompt Reporting and Investigation

Reporting and investigation are integral to a successful recovery. Witnesses names and phone numbers and photographs of the conditions existing at the time of the fall must be secured.

Because establishing that the property owner knew or should have known of the hazard causing the injury is so important, we will want to learn facts such as:

  • How was the defect created/caused?
  • How long has the defect/hazard been present?
  • Did anyone know about the defect? Did someone other than the premises owner/possessor tell anyone else? Did s/he tell the premises owner?
  • Did the person who knew about it work for the premises owner?
  • Did the landowner look for defects? How often? How did they do the inspections? How often did they clean and repair the premises?
  • What were lighting conditions at the time?
  • Are there any video cameras with footage?

These are the kinds of facts we will want to learn as soon as possible.

In general, the more time that has passed between the moment that a dangerous condition arose and the time the incident occurred, the more likely the property owner will be found liable for negligence.

Recoverable Damages

Economic damages (medical bills and wage loss) and non-economic or pain and suffering damages are recoverable. See, Damages Recoverable in Personal Injury Cases.

Lawsuit Filing Deadlines

A lawsuit for an injury caused by a slip or trip and fall must be filed within two years of the fall. When the fall causes death the lawsuit must be filed within three years of the date of death.

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(503) 228-5222
Premises Liability

Representative Cases

O’Dell v. Shorenstein, et al., Washington County 2018

Plaintiff, an active mother of four, slipped and fell on black ice while walking from a partially covered parking garage connected to a large office building where she worked. Plaintiff suffered a severe right ankle fracture requiring surgery and resulting…
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Thanks & Praise

Testimonials

  • Justice For My Family
    My father had a horrible accident that almost ended his life. I was stuck in a world that was unknown to me. How do I deal with insurance companies? Hospitals? Interpreting Medical Charts? I googled a few attorneys and the one that stood out to me was Mr. Coon. Mr. Coon has led an admirable career and has helped people like you and me his whole life. I contacted Mr. Coon's office and spoke to a nice lady who scheduled a meeting. After meeting with Mr. Coon he decided to take my father's case. It ended up being one of the best decisions I have ever made.

    What is remarkable about the Thomas Coon Newton & Frost team is that they each specialize in their own field. Mr. Coon leveraged the expertise of Mrs. Newton (Who is a remarkably kind, and a killer negotiator.) She made the world of difference within my father's case.

    Mr. Coon and Mrs. Newton were the light at the end of the tunnel for my family. This law firm puts their heart and soul regarding the individuals they represent. Mr. Coon and Mrs. Newton got justice for my family and my mother, father and I will forever be grateful for them. Thank you Mr. Coon and Mrs. Newton for representing our family. If I could give you 100 stars I would.

    Sincerely,

     
    -The Work Family
  • I was referred to TCNF for a Personal Injury claim and can honestly say that you will not find a more caring, honest and hard working team
    to assist in settling your legal grievance.  Cynthia Newton and Chris Thomas made the whole experience remarkably easy to understand even for a first timer like me with the legal process.  Informative, professional and compassionate only begins to explain all they brought to the table.  Their work was always explained in terms that I could follow and was done swiftly.  You will not be disappointed in their sincerity and expertise.
    Craig L.
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