Every hiker knows the thrill of the unknown, but not all surprises are pleasant. If an injury leaves you sidelined, understanding your legal options becomes a pressing concern.
Can you claim compensation for injuries that occur in the wild? If so, who bears the responsibility?
Legal basics for trail injuries
Public trails typically operate under recreational immunity laws, which protect landowners and government entities against most injury claims. In Oregon, the Public Use of Lands Act provides immunity to landowners who open their property for recreational use without charging a fee.
Exceptions exist
Under certain circumstances, you might have a valid claim if:
- The trail manager knew about a dangerous condition but failed to fix it.
- The injury resulted from willful, malicious negligence.
- You paid a fee to access the trail (this sometimes removes immunity protection).
- Warning signs about known hazards were absent.
- The trail design contained fundamental safety flaws.
If these exceptions apply to your case, it is crucial to act quickly and pursue your rightful compensation.
Building your case
In Oregon, injured parties have two years to file a claim. For claims against government entities, a formal tort claim notice must be submitted within 180 days following the injury.
In Oregon, under the comparative negligence doctrine, any financial recovery you receive may be reduced according to your assigned level of responsibility in the incident. For example, wearing inappropriate footwear or ignoring warning signs could reduce your potential recovery.
When dealing with outdoor injury cases, it is best to enlist the help of an attorney. Your attorney can clarify your legal entitlements and fight for the compensation you deserve after a painful hiking experience.