OTLA Trial Lawyer Summer 2021

16 Trial Lawyer • Summer 2021 Elizabeth Savage By Elizabeth Savage A few years ago, when I was an unsea- soned associate, a friend called me with a referral. The potential client, Marnie, had slipped and fallen in her hotel room while visiting Portland and been injured as a result. Unfortunately, Marnie waited for nearly two years before seeking an attorney, and now, with only about a month left on the two-year stat- ute of limitations, she was looking to file suit. It was for that reason my friend had turned down the case, and I was tempt- ed to do the same. The fact Marnie had waited almost too long to look for an attorney seemed like a red flag to me. Besides, if she had fallen in her own hotel room, wasn’t it probably her own fault? Maybe she had left water all over the floor. Maybe she had been drinking. Establishing liability against the hotel seemed like a longshot, at best. In addition, taking Marnie’s case would pose a practical inconvenience. Normally, I would meet with the client not long after the injury, obtain medical releases, gather medical and billing re- cords, identify wage loss, and have plenty of time to write a detailed settle- ment demand to the insurer and engage in prefiling negotiations before drafting a complaint. In this case, there would be no time for any of that — I’d have to file first and ask questions later. Despite my reservations, I met with Marnie. I learned she had been visiting Portland with her niece, Grace, for a professional conference. The night of their arrival, the pair went out for dinner. Upon their return to the room, Marnie walked into the bathroom, where she immediately slipped and fell backwards, landing on her shoulder, arm, wrist and side. She found herself lying in a large puddle of water that covered the bath- room floor. Later, when moving their luggage to a new room, Grace noticed there was water leaking from an access panel located in the ceiling of the bath- room. Fortuitously, she had the presence of mind to take a photo. As a result of the fall, Marnie sus- tained serious injuries, including but not limited to a torn rotator cuff that would require surgery. I also learnedMarnie had in her possession at least some of the relevant medical records reflecting her injuries. Over the course of the hour, my re- luctance was replaced with enthusiasm. I had stumbled upon a good case in spite of myself — a witness, photos, a credible client, a serious injury. Without hesita- tion, I proceeded with drafting and filing a complaint using the information I had and the records available to me. At the same time, I had a few obstacles to over- come — not the least of which was my own lack of experience. But by accessing the resources available to me, relying upon the feedback of mentors and col- leagues, and approaching the discovery process in as thorough a manner as pos- sible, I discovered premises liability can be a great practice area in which to cut your teeth, while at the same time secur- ing a favorable outcome for your client. What follows is a roadmap for beginners: a place to begin for those who don’t know where to start. Who is the defendant? You will want to identify the defen- dant at intake, and in premises liability cases, that means identifying the owner or occupier of the premises. In most cases, this involves a review of county property records in order to determine ownership. In some counties, property records are available online, while in other counties, determining ownership requires a phone call. In some counties, CHECK IN CHECK OUT A Beginner ’s Guide to Premises Liabi l i ty