Slipped and Fell in Oregon? When the Owner Is Responsible

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If you slipped and fell at an Oregon store or business, the owner may be responsible. That is usually true if they knew about the spill, wet floor, or ice, or should have found it, and did not fix it or warn you. You can still recover money if you were partly to blame, as long as you were not more than 50 percent at fault. You usually have two years to file a lawsuit, but claims against a city, county, or the state usually need written 

notice within 180 days. 

You walked into a store on a rainy day, or crossed an icy parking lot to get to the door. Your feet went out from under you. Maybe you hit your hip, your wrist, or your head. Someone asked if you were okay, and you said yes because you were embarrassed. Now you are hurting and wondering if the business is responsible. 

Falls are common in Oregon in the fall and winter, when rain, leaves, and ice make floors and walkways slick. This guide explains how these claims work in Oregon, in plain language. 

The short version 

If you only have a minute, here is what matters most. 

  • A business must use reasonable care to find hazards and fix them or warn customers about them. The owner is usually responsible only if they knew about the hazard or should have found it in time. Store video may be recorded over within days. Ask for it right away. 

  • You can still recover money if you were partly at fault, as long as you were not more than 50 percent to blame. 

  • You usually have two years to file a lawsuit. Falls on public property usually need written notice within 180 days. 

When a store or business is responsible for a fall 

When you shop at a store, eat at a restaurant, or visit any business, the law usually calls you an "invitee." That just means you were invited onto the property for the business's purposes. 

In Oregon, a business must keep its property reasonably safe for customers. It must use care to look for hazards, then either fix them or warn people about them. A business is not responsible for every fall. It is responsible when it did not act reasonably. 

What "knew or should have known" means 

In a slip and fall case, you usually need to show one of three things:

The business caused the hazard, such as an employee who mopped and left the floor wet. The business knew about the hazard and did not clean it up or warn people in time. The hazard was there long enough that the business should have found it and dealt with it. 

The last one is often the hardest part. Oregon courts have said there must be some proof of how long the hazard was there. A spill that happened two minutes before you fell is different from one that sat for an hour. Clues like dried edges, footprints, or cart tracks through a spill can help show it had been there a while. 

Wet floors from rain and snow 

In Oregon, people track rain into stores for months of the year. A business cannot keep a floor perfectly dry. But it may be expected to do more on rainy days, such as putting down mats, checking entrances more often, and putting out warning signs. 

Ice and snow in parking lots and walkways 

Weather alone does not make an owner responsible. It also does not excuse them. The question is usually whether the owner acted reasonably. Things that may matter include: 

How long the ice was there. 

Whether the business was open and customers had to walk that way. 

Whether the owner salted, sanded, or warned people. 

Apartment stairs and walkways 

If you rent, your landlord must keep areas under the landlord's control safe for normal use (ORS 90.320). That can include shared stairs, walkways, and parking areas. Some tenant claims have a shorter deadline, so it helps to ask early. 

If you fell on the job, different rules for work injuries usually apply. 

Public sidewalks and city property 

In some Oregon cities, the owner of the property next to the sidewalk must keep it safe. 

In Portland, owners and occupants next to a sidewalk must clear snow and ice from it. City code says they are liable to people hurt when they fail to do so (Portland City Code 17.28.025). In Eugene, owners must keep sidewalks safe and may be liable if they fail to do so through carelessness (Eugene Code 7.375). The city says that includes ice and snow. Rules differ from city to city, so the exact place you fell matters. 

If you fell on property owned by a city, county, or the state, special rules apply. You usually must give written notice of your claim within 180 days (ORS 30.275).

How shared fault works in a slip and fall 

The business may argue that you were partly to blame. For example, they may say you were looking at your phone, wearing slick shoes, walking too fast, or ignoring a sign. 

Oregon uses a rule called modified comparative fault. If you were partly to blame, your money is reduced by your share. If you were more than 50 percent to blame, you cannot recover (ORS 31.600). 

A hazard that was easy to see does not automatically end your claim in Oregon. How obvious it was is one thing a jury may weigh when it divides up the blame. 

Who pays after a fall at a business 

Most businesses have liability insurance. If the business was at fault, that insurance usually pays your claim. It may cover medical bills, lost pay, and pain and suffering. 

Some business policies also include "medical payments" coverage. It may pay smaller medical bills no matter who was at fault, usually for care within about a year of the fall. The limits are often low, but it can help while the rest of the claim is sorted out. 

Your own health plan can also pay your bills along the way. It may ask to be paid back from a settlement later. 

Key differences explained 

A few ideas come up in almost every slip and fall claim. Here they are in plain words. 

A store floor vs. a public sidewalk 

Inside a store or in its parking lot, the business that controls the space is usually the one responsible. On a public sidewalk, it depends on local rules. The property owner next door, a tenant, or a public body may be responsible. Claims against a public body have the 180-day notice rule. 

A hazard the owner knew about vs. one that just happened 

If a worker saw a spill and walked past it, the business knew. If a customer dropped a drink seconds before you fell, the business may not have had time to find it. That is why proof of timing matters so much. 

A wet floor with a sign vs. without a sign 

A warning sign can help a business show it acted with care. But a sign does not always end the claim. The warning has to fit the hazard and be placed where people can see it in time. Some hazards are so risky that a sign alone is not enough. 

What happens next after a slip and fall 

Every case is different, but most Oregon slip and fall claims follow a similar path.

The first few days 

Getting checked by a doctor comes first. Falls can cause broken wrists, hip injuries, back injuries, and head injuries. Some of these do not feel serious right away. 

The business may ask you to fill out an incident report. Ask for a copy. Ask in writing that the business save its video of the fall. 

The first few weeks 

The business's insurance company may call you. An adjuster may ask for a recorded statement or for access to all of your medical records. You do not have to give a recorded statement to the business's insurance company, and it is wise to talk with a lawyer before you do. 

The next several months 

Most people keep getting treatment. Claims are usually not settled until your doctor has a clear picture of your recovery. 

Once your treatment is mostly done, a demand is sent to the insurance company. Many cases settle at this stage. If the insurer will not make a fair offer, the next step may be a lawsuit. 

What to do now after a slip and fall 

If you just fell, these steps can protect your health and your claim. They are general steps, not advice about your specific case. 

  • Get medical care, even if you think you are only bruised. 

  • Tell a manager and ask for an incident report. Ask for a copy. 

  • Take photos of the spot, the floor or ice, the lighting, and any signs or lack of signs. Take a photo of your shoes and keep them. Keep the clothes you wore. 

  • Get names and phone numbers of witnesses. 

  • Write down the time and what you saw while it is fresh. 

  • Ask in writing that the business save its video. 

  • In the days after, keep a simple folder with your medical bills, receipts, and missed work dates. Do not sign anything from the insurance company yet. A release you sign can end your claim for good. 

Deadlines 

In most Oregon injury cases, including slip and falls, you must file a lawsuit within two years of the fall (ORS 12.110). If you miss this deadline, you can lose your right to recover money, even if your case is strong. 

Some deadlines are shorter:

Falls on property owned by a city, county, or the state: written notice is usually due within 180 days (ORS 30.275). 

Some claims by tenants against a landlord: a one-year deadline may apply (ORS 12.125). Store video: there is no legal deadline, but it may be recorded over within days. 

Frequently Asked Questions

  • Sometimes. A store is usually responsible if it caused the hazard, knew about it, or should have found it in time to fix it or warn you. A store is not responsible for every fall, only ones where it did not use reasonable care. 

  • You may be able to. Weather alone does not make an owner responsible, but it does not excuse them either. The question is usually whether the owner acted reasonably, such as by salting, sanding, or warning people about ice they knew about or should have found.

  • It depends on where you fell. In Portland and some other Oregon cities, the property owner next to the sidewalk must keep it safe and may be liable for injuries. If a city, county, or the state is responsible, you usually must give written notice within 180 days. 

  • A sign can help a business show it acted with care, but it does not always end your claim. The warning has to fit the hazard and be easy to see in time. Your own care may also be weighed under Oregon's shared fault rules. 

  • Yes, as long as you were not more than 50 percent at fault (ORS 31.600). Your money is reduced by your share of the blame. A hazard being easy to see does not automatically end your claim in Oregon. 

  • It depends on the store, and some record over video within days. That is why it helps to ask the store in writing, right away, to save the video. The store's incident report and witness names can also be important. 

Get in Touch

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A fall can leave you with an injury, a business that says it was your fault, and video that may soon be gone. You do not have to sort that out alone. The Oliveros Law Group helps people hurt in truck crashes across Oregon. Call 503.335.3800 or contact us to talk about your situation.