Shovel That Snow and Chip the Ice off the Sidewalk or You May Be Responsible for Fall Injuries

I had previously written an article about property owner's responsibilities in clearing ice and snow from the sidewalk.  Recently the Oregonian wrote a similar article and made a great video about the obligations of property owners to shovel snow and ice off of their sidewalks. 

“Portland: Doesn’t put a specific time requirement for owners — or occupants, such as tenants — to remove snow or other slip-and-fall hazards during other times of the year, such as leaves. But the city transportation bureau’s website urges property owners and occupants to do it “as soon as possible.”
Hillsboro: Requires property owners to remove snow and ice — or take other safety measures, such as sprinkling sand — within eight daylight hours after a storm covers the sidewalks next to their homes or businesses.
Beaverton: Requires property owners to remove snow and ice within four daylight hours of when it has fallen or formed.
Vancouver: Requires property owners and renters to clear sidewalks of snow and volcanic ash — perhaps in recognition of the 1980 eruption of Mount St. Helens.
Lake Oswego: Property owners must remove snow or ice within four daylight hours if it accumulates at night and within two daylight hours if it accumulates during the day.
Tualatin: Has one of the toughest codes around. Snow must be removed within two daylight hours of it falling, and ice must be removed withint two daylight hours of it forming “unless the ice is covered with sand, ashes or other suitable material.”
Oregon City: Says property owners and occupants are responsible for keeping the sidewalks next to them in good condition, and they are liable if someone is hurt.”

— Oregonlive.com

It is clear that property owners must keep their sidewalks and walkways safe.  If you or someone you know were injured on an icy sidewalk call me, a Portland Personal Injury Attorney, at 503.224.1658 for your free personal injury consultation.   Please remember the law is constantly changing, so please consult with a lawyer and do not rely solely on this post.  Ross Law LLC and Jeremiah Ross arehappy to discuss the law with you.  

Dealing with an Injury from an Ice Cycle and Falling Snow..

Portland Oregon's recent snow and ice is beginning to thaw.  As it does, snow and ice will begin falling from roofs, gutters, and awnings.  Falling snow and ice can be hazardous to pedestrians walking below.  Many people will not be seriously injured, but some people may be seriously injured.   Ice and snow falling on a person may cause head injuries and lacerations.  Insurance companies will often deny any person who claims to have been injured by falling snow and ice.   

What should you do if you, or someone you know, is injured by falling ice or snow:

1. If seriously injured, immediately seek medical attention and/or call 911;
2. If you are injured, or tending to the injured person, delegate someone to take photos and get information for you;
3. Photograph the scene of the incident and any injuries;
4. Try and get names and phone numbers of witnesses (ask them to send a text to your phone is the easiest way to do it);
5. Try and obtain the address of the property where the ice or snow fell from;
6. Have another person notify the property owner of the incident;
7. Take photos of the ice or snow.  Use a finger or hand next to the ice or snow to provide some scale.
8. Keep track of the medical bills
9. Call an Oregon Personal Injury Attorney like myself at 503.224.1658.  An attorney is useful because they can notify the property owner, investigate the claim, and deal with the insurance company.  I don't charge for a consultation and work on a contingency fee in personal injury cases, so you don't have to pay for representation.

PLEASE CALL AN ATTORNEY AT 503.224.1658 IF YOU HAVE QUESTIONS!  I am happy to provide free personal injury consultations.  Please remember: THIS POST IS NOT INTENDED TO BE "LEGAL ADVICE" and may be considered "Attorney Advertising."  The law is constantly changing, so it is best to call a lawyer and not rely on this post to determine if you have a personal injury case. 

Injured on an Icy Sidewalk? Here is what you should do...

The Snow has arrived here in Portland.   The Metro region is blanketed in snow and ice.  This means roads are hazardous, but people often forget about the dangers posed by a slippery sidewalk.  The Oregonian recently reported that the snow and ice has resulted in an increase of people being admitted for fall injuries.  Most of these falls are caused by people slipping on ice or snow.  

Most people brush these falls off when they occur.  However, once costly medical bills arrive in their mailbox they properly question why they should be forced to pay for the medical bills if they were injured in a parking-lot or sidewalk that another person was responsible for ensuring it was maintained in a safe condition. 

First it is important to note, you may not be responsible for your injuries if you slipped on ice or snow. The law in many cities requires people to maintain their sidewalks and parking lots in a safe condition.  More specifically, if you live in one of the cities below and you don't remove the ice and snow on your sidewalk and/or parking lot you may be breaking the law:

1. Beaverton Oregon, Title IV Chapter 42, 4.207-4.208
2. Eugene Oregon, Eugene City Code 7.375
3. Gresham Oregon 7.15.040 (5)
4. Hillsboro Oregon Chapter 9, 9.16.010
5. Lake Oswego Oregon LOC 42.06.310 and 34.02.035(20)
6. Milwaukie Oregon Title 12 12.04.060
7. Oregon City Oregon 12.04.030-12.04.031
8. Portland Oregon Portland City Ord. 17.28.020 (A))
9. Salem Oregon Chapter 78 78.220
10. Springfield, Oregon Chapter 3.306
11. Tualatin Oregon Title 02 Section 2-2-010 - 2-04

Many people do not make an insurance claim or seek out a lawyer, because they are under the improper assumption that because they fell they are solely responsible.  This may or may not be the case.  However, the law is pretty clear on these issues. If a person fails to maintain their sidewalk or parking-lot in a safe condition (removing snow and ensuring it is free of ice) then the property owner is responsible.  

If you were injured in a fall caused from ice or snow here are some tips:

1. At the Scene: Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the area of the property where you were injured, the address of the property, witnesses, and any employees that assist you.  If there is ice or snow ensure you get pictures of the snow.  Try and get the depth of the snow.  If it is ice, ensure the photograph accurately depicts the ice. Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed. If you are not able do this because of your injuries, send someone to the property ASAP to gather information and photographs.
2. Seek Medical Care: Immediately seek treatment if you are injured. Some businesses have no fault insurance that may pay $5,000.00 of medical bills. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Notify the property owner or business.  It is best to call a lawyer BEFORE you contact the property owner or business.  
4. If you fell on Public Property remember to file a TORT CLAIM NOTICE.  
5. Call A Lawyer at 503.224.1658: It won't cost you anything to chat, and you can learn about what you need to do next.

Falling on ice can be painful and can cause serious injuries. Many people initially laugh and are embarrassed only to later discover serious injuries. 

If you were one of the many people that reported to an Oregon Hospital for fall related injuries, feel free to call 503.224.1658 for your FREE personal injury consultation. Please remember these tips are not to be considered legal advice.  You may need to take additional steps to preserve your claim.  Also, the law is constantly changing, so refer to the actual law and do not rely on this post.   If you have additional questions click HERE.

Why Is It Important To Remove Leaves From Your Sidewalk?

Fall is here in Oregon.  The nights are cooler, the days are shorter, and the leaves are changing colors.  Many trees are also losing their leaves creating a colorful landscape carpeting lawns and sidewalks.  However, this year we have had record rainfall.   Many of these leaves have become slimy mess blanketing roads, sidewalks, and lawns.   Many people rake the leaves up because they get tracked into the house, and it is also pretty fun for kids.  However the number one reason you should remove leaves is leaves can create a fall hazard for people walking or running on sidewalks and driveways. That is why in most cities the law requires people to remove leaves from their sidewalk.  Yes, that is correct if you don't remove leaves from the sidewalk then you may be breaking your city's or county's laws.      

Many Oregon cities and counties have rules obligating property owners to remove leaves and other debris from the sidewalks and driveways.  If the property owner fails to remove the leaves then the property owner will likely be liable for any injury to a person caused by the leaves or debris on the sidewalk.

For example, in Portland owners of land abutting any street in the city have a duty to maintain the sidewalks, curbs, driveways and parking strips immediately adjacent to their land.  (Portland City Ord. 17.28.020 (A)).  The law then goes on to affirm that a property owner is liable for any and all injuries to a person who is injured as a result of a property owner's failure to keep the sidewalk, curb, driveway, or parking strip in a good condition or in good repair.  (Portland City Ord. 17.28.020 (A)). 

What does this mean for the property owner that doesn't maintain a sidewalk and a person is injured as a result?  The property owner will likely be liable for the person's injuries.  However, most home owner's insurance policies should cover this type of injury. If a person is injured then you should make a claim with your insurance. The insurance company should then compensate the injured person for all of their harms and losses.  This type of incident is exactly what home owner's insurance policies are for.

 What does this mean for a person that is injured by a poorly maintained sidewalk? The property owner's insurance should compensate them for all of their harms and losses that resulted from the poorly maintained sidewalk.  For example, if you slipped on wet slippery leaves and were injured then the property owner's insurance company should pay for lost wages, pain, suffering, inconvenience, loss of enjoyment of life, and Medical Expenses.  Some insurance policies also have Medpay coverage which is no fault coverage.  Medpay provides an amount to pay medical bills regardless of who is at fault for the injury.     

Many Oregon cities and counties have a code similar to Portland's.  Here is a list of laws for a handful of Oregon cities mandating property owners to maintain sidewalks in a safe manner.  In other words if you live in one of the cities below and you don't remove excessive leaves on your property you may be breaking the law:

1. Beaverton Oregon, Title IV Chapter 42, 4.207-4.208
2. Eugene Oregon, Eugene City Code 7.375
3. Gresham Oregon 7.15.040 (5)
4. Hillsboro Oregon Chapter 9, 9.16.010
5. Lake Oswego Oregon LOC 42.06.310 and 34.02.035(20)
6. Milwaukie Oregon Title 12 12.04.060
7. Oregon City Oregon 12.04.030-12.04.031
8. Portland Oregon Portland City Ord. 17.28.020 (A))
9. Salem Oregon Chapter 78 78.220
10. Springfield, Oregon Chapter 3.306
11. Tualatin Oregon Title 02 Section 2-2-010 - 2-040

The list above is obviously not exhaustive and will likely change as time goes on.   If you have a question about a particular city's or county's sidewalk ordinance please call me at 503.224.1658 to discuss the issue.  

If you or someone you know has been injured as a result of a person failing to maintain their sidewalk call me at 503.224.1658.  Ross Law LLC is always happy to provide Free Personal Injury Consultations.  Please remember the law is constantly changing, so don't rely solely on this post.  This post is not to be intended as legal advice and it is best to consult with an attorney.  This post, this blog, and this website may be considered legal advice.