• How to Prove Negligence in an Oregon Premises Liability Claim
  • August 1, 2012 | Authors: Sean P. DuBois; Joshua Shulman
  • Law Firm: Shulman DuBois LLC - Portland Office
  • In all personal injury cases, the burden of proof falls on the plaintiff. This means that the evidence of injury and liability must be produced by the person bringing the case, the injury victim and their attorney.

    In Oregon, premises liability attorneys have to show:
    1. The injury occurred due to a hazardous condition on the defendant's property.
    2. The accident occurred because the property owner was somehow negligent in their duty to maintain a safe environment.
    3. That the injury actually occurred (which is shown best by medical records).

    An Oregon premises liability attorney can advise you on what types of evidence will help build your claim - and can help you gather this evidence. For example, if you were injured by a staircase that did not meet safety standards, your attorney can hire an investigator to take pictures, measurements, and write a report stating everything that is not up to code with the staircase.

    In Oregon, there are precedents set for how much responsibility property owners have in injury cases. They are responsible for "a reasonable level of care" to prevent injuries. But the amount of care deemed "reasonable" by the court depends on several factors:
    • The circumstances around how the plaintiff came to be on the property
    • The intended use of the property
    • Whether the accident could have been foreseen
    • And whether the property owner took any reasonable measures to prevent the accident
    So an Oregon premises liability attorney has to show:
    1. That the property owner had a duty to the plaintiff
    2. That there was a breach of duty
    3. That there is a connection between the breach of duty and the injury
    4. That the injury was caused by defendant's negligence