Joshua Hayward
Partner
Expertise Overview

Josh’s practice focuses on the defense of cases involving personal injury and wrongful death. He represents companies and the insureds of several large insurance carriers against claims arising from the alleged negligent use of motor vehicles, products liability, and premises liability.

Josh started as an associate at Smith Freed Eberhard in 2001. He has been a partner since 2008. Josh leads a group of attorneys that specialize in trying cases and effective pre-trial litigation. Josh typically tries several cases a year to jury verdict.

Prior to joining Smith Freed Eberhard, Josh gained experience in civil litigation, criminal defense, and family law while clerking at a firm in Salem, Oregon. While attending law school, he spent time in London, UK, where he served as a solicitor’s clerk for a high-profile firm advocating on behalf of individuals alleging human rights violations.

Relevant Cases

Josh has significant practice defending premises liability claims against property owners including churches, restaurants, stores, hotels, and bars, and he has successfully litigated product liability claims involving national tire manufacturers, do-it-yourself home supply chains, equipment rental companies, and engineering companies. He also represents several local and regional commercial and personal lines insurers and their insureds in Oregon and Washington.

Education

Pepperdine University, J.D., cum laude, 2001
Oregon State University, B.A., History, Spanish minor, cum laude, 1997

Professional Certification & Accolades

Member, Oregon State Bar Association
Member, Washington State Bar Association
Member, California State Bar Association
Member, Oregon Association of Defense Counsel
Member, Multnomah County Bar Association

Practice Areas
  • Practice Area
    • Commercial Liability Defense
    • Personal Lines
    • Automotive Defense
    • UM/UIM
    • PIP
    • Dog Bite
Bar Admissions
  • Oregon
  • Washington
Success Story Automotive Defense General Litigation Personal Lines The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Josh Hayward
Success Story Automotive Defense Personal Lines Disproving a Self Serving Story Tuesday June 30, 2015 By: Josh Hayward
Success Story Automotive Defense Personal Lines Low Impact Accident Leads to Low Verdict Tuesday June 30, 2015 By: Josh Hayward
Success Story Automotive Defense Personal Lines Disc Bulge Dispute Friday June 26, 2015 By: Josh Hayward
Legal Alert Commercial Liability Defense Oregon Supreme Court Says an Insurer’s Duty to Defend Cannot be Contracted Away. Tuesday April 13, 2021 By: Josh Hayward
on-demand
Webinar Automotive Defense Bad Faith Motorist Minor Impact Personal Lines PIP UM/UIM Wrongful Death Washington Personal Lines – Year in Review Friday January 29, 2021 By: Josh Hayward, Melanie Rose
Legal Alert Automotive Defense Personal Lines PIP Is a Bicyclist a Pedestrian? The Washington Supreme Court Says Yes Wednesday January 20, 2021 By: Josh Hayward
Safe Harbor Letter Legal Alert Automotive Defense Personal Lines Property Loss Washington’s Made Whole Doctrine Majorly Expanded Wednesday December 9, 2020 By: Josh Hayward
Year in Review Commercial Lines Legal Alert Bad Faith Personal Lines UM/UIM Insurers Are Afforded Safe Harbor Protection From Attorney Fees Even if the Insured Claims that the Insurer’s Failure to Settle was Unreasonable or in Bad Faith Thursday November 19, 2020 By: Josh Hayward
Legal Alert Personal Lines Tenant Landlord Oregon Court of Appeals Determines That Even if a Condition Takes Time to Cause Maximum Damage, the Passage of Time Does Not Necessarily Mean That an Instrum... Friday October 23, 2020 By: Josh Hayward
on-demand
Webinar ORS 20.080 Attorney Fee Personal Lines UM/UIM Oregon Personal Lines – Year in Review Friday October 23, 2020 By: Josh Hayward, Cliff Wilson
Legal Alert Automotive Defense Personal Lines PIP UM/UIM Oregon Court of Appeals determines whether an insurance company can allege comparative fault in a UIM claim and still enjoy the protection of its safe harbor... Thursday September 17, 2020 By: Josh Hayward
Legal Alert Personal Lines PIP Washington Court of Appeals Considers Whether a Cyclist Qualifies as a Pedestrian to Receive PIP Benefits Thursday September 10, 2020 By: Josh Hayward
Legal Alert Bad Faith Washington Supreme Court Bars Bad Faith and CPA Claims Against Adjuster Tuesday May 12, 2020 By: Josh Hayward
Legal Alert Commercial Liability Defense General Litigation Personal Lines Tenant Landlord Oregon Legal Update: Oregon Supreme Court Addresses Whether it is Prejudicial to Defendants to Allow a Plaintiff to Amend their Pleadings Two Days Before Trial. Thursday March 19, 2020 By: Josh Hayward
Bighorn Logging Corp. v. Truck Ins. Exchange Legal Alert Commercial Liability Defense Timber Trespass Oregon Case Law Update: Oregon Court of Appeals Requires an Insurer to Indemnify its Insured for Intentional Timber Trespass Claim Despite an Exclusion for I... Thursday February 14, 2019 By: Josh Hayward
Moreau v. Samalin Legal Alert Personal Lines Oregon Case Law Update: Oregon Trial Court’s Award of Reduced Attorney Fees Subject to Remand Due to Insufficient Explanation Thursday January 17, 2019 By: Josh Hayward
Poole v. State Farm Legal Alert Personal Lines Washington Case Law Update: Insured’s Bad Faith Lawsuit is Revived after the Washington Court of Appeals Interprets Ambiguous Insurance Terms against the Ins... Thursday January 3, 2019 By: Josh Hayward
Josh Hayward Case Update Legal Alert Personal Lines Oregon Case Law Update: Plaintiffs Must Show Diminished Property Value in Order to Prevail on a Timber Trespass Claim Involving Ornamental Trees Thursday November 8, 2018 By: Josh Hayward
Josh Hayward Case Update Legal Alert Commercial Liability Defense Slip and Fall Washington Case Law Update: Washington Court of Appeals Affirms Summary Judgment Against Unrepresented Plaintiff for Failing to Follow Procedural Rules Thursday October 11, 2018 By: Josh Hayward
Josh Hayward Case Update Legal Alert PIP Oregon Case Law Update: Oregon Court of Appeals Identifies Threshold Level of Evidence Required to Prove an Injury is Permanent Tuesday September 25, 2018 By: Josh Hayward
Legal Alert Oregon Case Law Update: Servicemember’s Wrongful-Death Claim Tolled While on Active Duty Thursday September 13, 2018 By: Josh Hayward
Safe Harbor Letter Legal Alert Automotive Defense Personal Lines UM/UIM Oregon Case Law Update: Insurer’s Safe Harbor Letter Insufficient to Express Consent to Binding Arbitration Thursday July 12, 2018 By: Josh Hayward
UIM Legal Alert PIP UM/UIM Washington Case Law Update: Court Finds Issues of Material Fact on Reasonableness of Insurer’s Handling of UIM Claim Thursday May 31, 2018 By: Josh Hayward
PIP application form Legal Alert Automotive Defense Personal Lines PIP Oregon Case Law Update: PIP Application Form Inadmissible in Suit by Insured Against Tortfeasor Thursday May 10, 2018 By: Josh Hayward
Statutory Costs Legal Alert Automotive Defense Personal Lines Washington Case Law Update: Statutory Costs Included When Comparing Arbitration Award with Trial Judgment Thursday April 26, 2018 By: Josh Hayward
on-demand
Webinar Automotive Defense PIP UM/UIM An Introduction to the Updated Rules and Regulations for First Party Claims Tuesday April 24, 2018 By: Josh Hayward
Legal Alert Personal Lines UM/UIM Washington Case Law Update: Washington Court of Appeals Allows Bad Faith and CPA Claim Against Adjuster Thursday April 5, 2018 By: Josh Hayward
Legal Alert Personal Lines PIP UM/UIM Oregon Case Law Update: No Safe Harbor Protection in Dispute over Reasonable and Necessary Medical Services Wednesday March 7, 2018 By: Josh Hayward
Legal Alert Commercial Liability Defense Negligence Washington Case Law Update: Can a Firefighter Who Is Injured at an Accident Scene Recover from Parties That Caused the Accident? Wednesday February 28, 2018 By: Josh Hayward
Legal Alert Personal Lines PIP Oregon Case Law Update: Offsetting Jury Awards by Previously Paid PIP Benefits Thursday February 1, 2018 By: Josh Hayward
Legal Alert Personal Lines PIP UM/UIM Oregon Case Law Update: Court Rules Letter Insufficient to Entitle the Insurer to the "Safe Harbor" Protection Thursday January 25, 2018 By: Josh Hayward
Legal Alert Commercial Liability Defense Washington Case Update: Internal System for Inspecting Equipment Saves Owner from Premises Liability Claim Wednesday January 10, 2018 By: Josh Hayward
Legal Alert Commercial Liability Defense Oregon Case Law Update: Court Upholds Defamation Claim for Tweets and Customer Website Reviews Thursday December 14, 2017 By: Josh Hayward
on-demand
Webinar Commercial Liability Defense General Litigation Personal Lines Tough Calls: Ethical Claims Handling in Oregon and Washington Monday November 27, 2017 By: Josh Hayward
Legal Alert PIP Oregon Case Law Update: PIP Benefits Do Not Include Medical-Related Transportation Costs Friday November 10, 2017 By: Josh Hayward
Legal Alert Oregon Case Law Update: When is Police Officer Testimony Admissible? Wednesday October 25, 2017 By: Josh Hayward
Legal Alert Commercial Liability Defense Oregon Case Law Update: Using an Expert Witnesses to Defeat a Motion for Summary Judgment Thursday October 5, 2017 By: Josh Hayward
Legal Alert Personal Lines UM/UIM Oregon Case Law Update: “Formal Institution” of Arbitration Proceedings Requires Explicit Offer or Demand to Arbitrate Thursday June 1, 2017 By: Josh Hayward
on-demand
Webinar Commercial Liability Defense First & Third Party / SIU General Litigation Personal Lines Professional Lines (EPL,D&O,E&O) Utilizing Probability Analysis in Claims Evaluation: A Systematic Approach Thursday May 4, 2017 By: Josh Hayward
Legal Alert PIP Oregon Case Law Update: Evidence Required to Establish Excusable Neglect Tuesday April 25, 2017 By: Josh Hayward
Legal Alert PIP Oregon Case Law Update: PIP Benefits Do Not Include Medical-Related Transportation Costs Thursday March 16, 2017 By: Josh Hayward
Legal Alert PIP Oregon Case Law Update: Ninth Circuit Scraps Lawsuit against Rape Accuser under Oregon’s anti-SLAPP Law Thursday March 2, 2017 By: Josh Hayward
on-demand
Webinar Personal Lines 2016 – A Year In Review Oregon and Washington Personal Lines Friday February 3, 2017 By: Josh Hayward
Legal Alert PIP Oregon Case Law Update: Failure to Timely Send PIP Denials Entitles Claimant to Presumption Wednesday December 28, 2016 By: Josh Hayward
Legal Alert General Litigation Oregon Case Law Update: Expert Testimony Must Be Helpful to be Admitted Wednesday December 14, 2016 By: Josh Hayward
Legal Alert Automotive Defense General Litigation Personal Lines Washington Case Update: Deception Doctrine Inapplicable If Obstruction Will Move Wednesday November 16, 2016 By: Josh Hayward
Legal Alert Personal Lines PIP Oregon Case Law Update: Setting Aside Default Judgment – What is “Excusable Neglect”? Thursday October 6, 2016 By: Josh Hayward
Legal Alert Automotive Defense Commercial Liability Defense First & Third Party / SIU Personal Lines UM/UIM Oregon Case Law Update: Safe Harbor Letter Not a Sure Thing Tuesday August 16, 2016 By: Josh Hayward
Legal Alert Automotive Defense Commercial Liability Defense Construction & Development OR Case Update: Putting that Final Nail in the Coffin: When will Duplicative Litigation be Barred? Thursday April 7, 2016 By: Josh Hayward
Legal Alert Personal Lines PIP OR Case Update: Is a City Employee Immune from Liability under Oregon’s Public Use of Land’s Act? Thursday March 10, 2016 By: Josh Hayward
Legal Alert Automotive Defense Commercial Liability Defense Personal Lines OR Case Update: Satisfying Actual Notice through Asserting A Claim rather than All Claims Thursday January 21, 2016 By: Josh Hayward
Legal Alert Commercial Liability Defense Personal Lines WA Case Update: For More Information, “Click Here” Thursday January 7, 2016 By: Josh Hayward
Legal Alert Automotive Defense Commercial Liability Defense First & Third Party / SIU Personal Lines PIP UM/UIM OR Case Update: Think You Have Safe Harbor? Think Again. Thursday September 24, 2015 By: Josh Hayward
on-demand
Webinar Commercial Liability Defense Construction & Development First & Third Party / SIU Personal Lines 2014 – A Year End Review – Washington Edition Wednesday August 12, 2015 By: Josh Hayward
Legal Alert Commercial Liability Defense First & Third Party / SIU Personal Lines WA Case Update: Can Anonymous Customer Reviews Stay Anonymous? Thursday July 23, 2015 By: Josh Hayward
on-demand
Webinar Automotive Defense Commercial Liability Defense General Litigation Personal Lines PIP UM/UIM The 411 on SB 411 Thursday June 25, 2015 By: Josh Hayward
Legal Alert Commercial Liability Defense Personal Lines OR Case Update: “An Act of the Imagination” and ORCP 47E Affidavits Thursday June 18, 2015 By: Josh Hayward
Legal Alert Commercial Liability Defense First & Third Party / SIU Washington Case Update: Playing Offense: Collateral Estoppel Not Permitted Where New Defense Is Available Wednesday April 29, 2015 By: Josh Hayward
Legal Alert Commercial Liability Defense First & Third Party / SIU Washington Case Update: Can a Business Be Liable for a Mass Shooting? Thursday April 9, 2015 By: Josh Hayward
Legal Alert Commercial Liability Defense Washington Case Update: Enforcing Release and Waiver of Liability Agreements for Health Clubs Friday November 14, 2014 By: Josh Hayward
Legal Alert Oregon Case Update: How Limited are LLC Members’ Liability? Thursday October 9, 2014 By: Josh Hayward
Legal Alert Automotive Defense Personal Lines Washington Case Update: Voiding Coverage for Fraud Prohibited by Public Policy Wednesday August 6, 2014 By: Josh Hayward
Legal Alert Commercial Liability Defense Oregon Case Update: Set Aside Default Judgment? Be Prepared to Explain Everything Wednesday June 11, 2014 By: Josh Hayward
Legal Alert Commercial Liability Defense Oregon Case Update: Set Aside Default Judgment? Be Prepared to Explain Everything Friday June 6, 2014 By: Josh Hayward
Legal Alert Construction & Development General Litigation Washington Case Update: How to Toll the Statute of Limitations against John Doe Wednesday May 7, 2014 By: Josh Hayward
Legal Alert Commercial Liability Defense Oregon Case Update: Want to Write a Critical Online Review? Be Prepared to Pay for a Defense Wednesday March 19, 2014 By: Josh Hayward
Legal Alert Commercial Liability Defense Washington Case Update: Business’s Mere Speculation as to Damage to Reputation Not Enough for Damages Award Wednesday March 19, 2014 By: Josh Hayward
Legal Alert Commercial Liability Defense Personal Lines Oregon Case Update: Want to Write a Critical Online Review? Be Prepared to Pay for a Defense Wednesday March 19, 2014 By: Josh Hayward
Legal Alert Automotive Defense Personal Lines Washington Case Update: UIM Coverage: Determining Whether There Were One or Two Accidents Thursday February 27, 2014 By: Josh Hayward
on-demand
Webinar Commercial Liability Defense Construction & Development First & Third Party / SIU Personal Lines Professional Lines (EPL,D&O,E&O) 2013 – Washington Cases Law Update Wednesday February 19, 2014 By: Josh Hayward
Legal Alert Commercial Liability Defense Washington Case Update: In a Negligence Matter, Who Determines Foreseeability? The Judge says “I Can.” Thursday January 16, 2014 By: Josh Hayward
Legal Alert Commercial Liability Defense Washington Case Update: In a Negligence Matter, Who Determines Foreseeability? The Judge says "I Can." Thursday January 16, 2014 By: Josh Hayward
Legal Alert Commercial Liability Defense Washington Case Update: Plaintiff Looks Clumsy After Failing to Offer Evidence Supporting Her Negligence Claim Tuesday April 30, 2013 By: Josh Hayward
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