Oregon Court of Appeals Rules Special Relationship Required for Purely “Psychic Damages” in Negligence Claims
From the Desk of Melanie Rose: Recently, the Oregon Court of Appeals was asked to clarify when a plaintiff may recover noneconomic damages in a negligence case when the Plaintiff did not suffer a physical injury. Claims Pointer: In this…Read more »
When Can a Claimant Sue a Retailer In Lieu of a Product Manufacturer and Who Has The Burden Proof Under the Washington Products Liability Act (“WPLA”)?
From the Desk of Brian Schiewe: The WPLA limits when a retailer of a product can be sued in lieu of the product’s manufacturer. These statutory conditions generally turn on whether the plaintiff can prove that the chances of collecting…Read more »
Of Horse and Man: Can a Malnourished Horse Sue Its Owner?
From the Desk of Josh Hayward: Oregon’s animal welfare laws are some of the most protective statutes in the nation. However, despite the very animal-friendly regulations, Oregon has never recognized an animal as a legal entity with the capacity to…Read more »
Not All Spoliation Spoils A Claim
From the Desk of Brian Schiewe: Discovery sanctions have become a hot topic in Washington. Recently, we have seen more instances of trial courts imposing discovery violations in the form of default judgments. Just a couple months ago, I published…Read more »
An Introduction to Traumatic Brain Injury Claims in Washington
Join Smith Freed Eberhard partner, Gordon Klug, as he provides a basic overview of TBI claims in Washington. Webinar Available On-Demand View the Webinar 11:00 a.m. - 12:00 p.m. PST: Webinar 12:00 p.m. - 12:15 p.m. PST: Q&A Why Watch…Read more »
Delegating a Duty of Care: When Can a Land Owner Delegate a Duty to Keep Others Safe to an Independent Contractor?
From the Desk of Brian Schiewe: In premises liability claims, a landowner has the duty to exercise reasonable care in making their premises safe for invitees, which include independent contractors that are on the premises to perform a job. A…Read more »
By Failing to Fully Admit Liability, The Door to Distracted Driving Evidence (Cell Phone Use), May Be Opened
From the Desk of Jeff Eberhard: Can a defendant admit “responsibility” for “causing the accident” and keep out the fact she was on her cell phone at the time? What if Plaintiff alleges that Defendant who caused a rear-end…Read more »
What Risks Are Assumed in Construction Work and When Can It Bar Recovery?
From the Desk of Kyle Riley: A plaintiff’s recovery can be barred if the plaintiff consents to the risks of a specific hazard before encountering that hazard. In this case before the Washington Court of Appeals, defendant Spee West claimed…Read more »
Oregon’s Wrongful Death Statute and ORCP 44C: Who is a “Party”?
From the Desk of Melanie Rose: ORCP 44C acts as an exception to the doctor-patient privilege that otherwise might protect certain medical records from disclosure. It requires a “Claimant” to produce all medical records “relating to the injuries for which…Read more »
Maintaining Safe Workplaces: Whose Duty Is It?
From the Desk of Partner Gordon C. Klug: Developing your land or contracting for someone to work your land can often be a large undertaking. When you hire a general contractor, and they begin hiring subcontractors it can quickly become…Read more »
Schools Are Held to A Higher Standard of Duty When It Comes to the Safety of Students, But Plaintiffs Must Still Prove That Risk of Harm was Foreseeable
From the Desk of Cliff J. Wilson: School districts have a heightened duty to keep children in their care safe. This heightened duty creates a liability exposure for the school district if a student suffers from a foreseeable risk of…Read more »
Straight Up: Liquor Liability and Litigation Strategies in Oregon
Join Smith Freed Eberhard managing partner Jeff Eberhard and partner Bill Taaffe as they provide a basic overview of significant Dram Shop claims in Oregon and revised OR Statutes. Webinar Available On-Demand View the Webinar Why Watch This Webinar? Oregon’s…Read more »
Washington Supreme Court Asked to Recognize an Exception to the Learned Intermediary Doctrine
From the Desk of Gordon C. Klug: The learned intermediary doctrine has been a part of Washington law since its adoption in 1978. This doctrine protects manufacturers of prescription drugs from liability as long as the manufacturers adequately warn the…Read more »
A Sigh of Relief from Oregon Landlords as Oregon Court of Appeals Determines a Tenant Cannot Receive “Per Violation” Damages
From the Desk of Sean K. Conner: In recent years, the measure of damages recoverable under the Oregon Residential Landlord Tenant Act’s utility billing provisions has been a hot topic at the trial-court level, with courts issuing many conflicting opinions…Read more »
One Defendant’s Negligence is Another Defendant’s Treasure
From the Desk of Brian Schiewe: Proximate cause is an essential element to a negligence claim and can be hard to prove in asbestos-related cases. Thus, the jury instructions on causation are extremely important in making, or from a defendant’s…Read more »
Inherent Risk of a Sports Activity Is Not Always a Slam Dunk Defense
From the Desk of Jeff Eberhard: When a plaintiff alleges a negligence claim for an injury that arose out of the plaintiff’s voluntary participation in a sports activity, a defendant might want to argue that the injury arose from…Read more »
The Defenses Landlords Can Raise Are Limited to the ORLTA
From the Desk of Melanie Rose: When a landlord is being sued for an alleged uninhabitable condition, the Oregon Residential Landlord and Tenant Act (“ORLTA”) provides the landlord with a few statutory defenses to a tenant’s attempt to recover damages…Read more »
“Damage” vs “Damages”: Using the Incorrect Form Can Damage Your Case
From the Desk of Joshua Hayward: Often, when a jury determines that a defendant is negligent, they will award monetary damages to the plaintiff. In this case, the jury found that the defendant was negligent but awarded the plaintiff no…Read more »