What happens if you get hurt at your apartment? Is your landlord responsible for paying your medical bills?
Possibly, depending on the facts. Let me explain more.
The Legal Theory of Premises Liability.
In Oregon, “premises liability” law is the legal theory that holds a person who is in possession and control of land or premises, or land owner, can be liable for injuries to others in certain circumstances. Those circumstances are very fact specific, but generally start by classifying the plaintiff’s relationship to the land owner. Was the plaintiff on the premises because the owner was trying to sell something? Was the plaintiff a trespasser, or a social guest? Next the analysis looks at facts of accident with the aim of determining whether the owner did, or failed to to do, something that foreseeably created an unreasonably harm that caused injuries to the plaintiff. How the plaintiff is classified affects how a court determines whether the action or inaction of the owner created an foreseeable and unreasonable harm.
Knowing what factors the court in your state will apply is why it is important for you to consult with knowledgeable personal injury attorneys. We have offices throughout Oregon and we offer free consultations. In many slip and fall cases that happen on rental property, (ignoring the visitor’s status for now and assuming our visitor did nothing wrong) either the tenant or the landlord, could be held responsible. It all depends on the facts of the particular situation.
For example, if our visitor slipped and fell on ice on the sidewalk leading up to the rental home, the landlord will probably be held liable for the visitor’s injuries. This is because landlords frequently retain control over areas like sidewalks and driveways and are responsible for maintaining these areas. On the other hand, if you agreed in your lease that you would provide snow and ice removal in the winter for the driveway and sidewalk, then you will be responsible for the visitor’s injuries.
What are the Facts of Your Case?
If you were injured or know someone who was, or if you just have questions about your potential liability as a renter, we can help. We offer free consultations and we have offices in Salem, Medford, Bend, Portland, Eugene, Albany, Grants Pass, Klamath Falls, and several other cities in Oregon. We also have offices in Vancouver and Tri-Cities in Washington. To set up an appointment, call us toll free at: 1-800-682.9568