This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.
Oregon Answer and Defenses - Slip and Fall
State:
Multi-State
Control #:
US-PI-0178
Format:
Word;
Rich Text
Instant download
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How to fill out Answer And Defenses - Slip And Fall?
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FAQ
To establish liability in a slip-and-fall accident lawsuit in Oregon, the plaintiff (the injured party) must demonstrate that the property owner or possessor was negligent. Negligence means that the property owner failed to take reasonable care in maintaining the premises, resulting in the injury.
In Oregon, the statute of limitations for filing a lawsuit on personal injury claims like motor vehicle accidents or dog bites is two years from the accident date. ORS 12.110(1). That means you have two years from the date you are injured to file a lawsuit against the responsible party for compensation.
In general, violations must be prosecuted within six months of the date the violation was committed, misdemeanors must be prosecuted within two years of the date the crime was committed, and felonies must be prosecuted within three years of the date the crime was committed.
The majority of civil actions must be filed within two years under Oregon law. For any other felony, three years, and 6 months for all other violations. In personal injury cases, the statute of limitations in Oregon is generally two years from the date of injury or discovery of the injury.
Oregon's Criminal Statute of Limitations at a Glance There is a six-year statute of limitations for sexual felonies or crimes in which the victim is under 18 at the time of the offense. There is a three-year limit for all other felonies and a two-year limit for most misdemeanors in the state.
?Open and obvious? is a common defense argument in any premises-liability case. To understand this defense, it's important to understand the basic theory of a premises-liability case for an unsafe condition on the property. An ?unsafe condition? is one that poses an unreasonable risk of harm to persons.
You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the Oregon statute of limitations is six years for contract and property damage cases, and two years for personal injury matters.
In Oregon, the statute of limitations for filing a lawsuit on personal injury claims like motor vehicle accidents or dog bites is two years from the accident date. ORS 12.110(1). That means you have two years from the date you are injured to file a lawsuit against the responsible party for compensation.