Legal Question in Personal Injury in Oregon

Re: Visitor to vacation rental miscalculates porch step, falls & breaks ankles.

Your best bet for a practical answer to this question is to ask the insurance company which insures this vacation home. It's in their best interests to find a way to determine there is NO liability. You don't say which side of this you're on (the "slipp-or" or the "slipp-ee"), and my knowledge of tort law in WA is somewhat less thorough than my knowledge of tort law in Oregon (although I'm licensed in both states). Having said THAT, and with the information you gave me, it's my opinion that there is no liability, if in fact there was nothing NEGLIGENT about the manner in which the steps were built or maintained.

If you're inquiring on behalf of the injured party, that person should know that MOST insurance policies for premises DO carry some limited no-fault medical coverage, often called "Med-Pay." They ordinarily only pay the first $1,000 or $5,000 or so, regardless of how the person was hurt.

It is CRUCIAL, though, whichever side of this you are on, to run this past a lawyer, in person. Bring several photos, taken at different angles, of the place where the person slipped. And on EITHER side, you can probably do it for free. If you're on the defense (home owner side), ask for a legal opinion for your insurance company. If you're on the injured party's side, you should be able to get most any good personal injury attorney to give you a free consultation, and an opinion. Whichever side you're on, you should do it!

Sam Hochberg

www.YourInjuryLawyers.com