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A slip and fall accident caused by a property owner’s negligence can lead to severe injuries. Fortunately, an injury attorney could help you file a lawsuit to help you win financial compensation for your losses. Compensation could also help you recover from the pain you have endured in addition to the financial impacts of your injury.
With the assistance of a dedicated Hermiston slip and fall lawyer, you can fight for your rights and seek compensation.
A slip and fall accident can happen anywhere. However, when an individual falls on another person’s property, there is the possibility that the defendant’s wrongful acts caused the fall. This may result in a successful slip and fall accident claim that could lead to monetary damages.
Common areas subject to slip and fall accident lawsuits include, but are not limited to:
This certainly does not cover every type of property where a slip and fall accident claim may be appropriate. Regardless, however, if a plaintiff fell and believes it could be a Hermiston business’ fault, consulting an experienced attorney may be in their best interests.
A defendant’s negligence may be the reason the injured person tripped, slipped, or fell. This negligence can occur in many ways, such as the following:
Ultimately, the analysis hinges on whether the reason for the fall was another party’s negligence or lack of action. When this is the case, a premises liability claim for the slip and fall is likely appropriate. Substantial compensation may be available when this is the case.
When dealing with slip and fall accidents, it is common for the defendant to attempt to shift responsibility to the plaintiff. If a plaintiff is unprepared for this tactic, an unrepresented person may even be tricked into believing this is true. Insurance companies also often attempt this and then offer a low settlement to resolve the case. Rather than accepting a low settlement by a Hermiston defendant, an injured party should let a knowledgeable attorney assist them and represent their rights after a falling accident.
When a plaintiff is not at fault, a comparative fault analysis is not necessary. If the plaintiff was somewhat at fault, this is not a bar to recovery under Oregon Revised Statutes § 31.600.
Instead, state law holds that if a plaintiff is no more than 50 percent at fault, they are still permitted to recover. In such a case, the plaintiff’s damages award is reduced by the percentage of fault determined by the jury.
Investigating and preparing a claim takes time, so you should seek counsel from a knowledgeable attorney quickly after your accident. A consultation of your case can help you understand the strengths of your claim and determine your legal options. For help filing your claim, contact an experienced Hermiston slip and fall lawyer today.
