Preserving Precedent: Defending Commercial Landlord Liability Through Recent Victory in High Exposure Dog Bite Case
Success Story
Claims Alleged: Dog Bite Liability, Commercial Landlord Liability, and Negligence The Overview: Seattle Partner Brian Schiewe and Associate Rachel O’Hanlon recently prevailed on a motion for summary judgment in a high exposure matter involving a vicious dog attack. Brian and Rachel’s clients…
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Thursday October 26, 2023
By: Brian Schiewe
Can a Medical Professional be Liable to a Patient’s Caregiver?
Legal Alert
From the Desk of Melanie Gillette: A medical professional owes a duty of care to their patients, but can a medical professional be liable for physical injuries to a third party who is not their patient? Read on for more……
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Tuesday October 10, 2023
By: Melanie Gillette
The Risk of Attorney Fees in UIM Cases: A Brief Update on Recent Case Law
Webinar
Join Smith Freed Eberhard Partner Ashley Nagrodski and Senior Associate John Barton as they discuss a recent significant case, Ratty v. Progressive, and the timeline of UIM claims handling in the state of Washington. This case is important for insurers…
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Tuesday September 5, 2023
By: Firm Authorship
Don’t Walk on Thin Ice: The Defense of Implied Primary Assumption of the Risk May Render Unavailable in Snow and Ice Slip and Fall Cases
Legal Alert
From the Desk of Brian Schiewe: The Washington State Court of Appeals (Div. III) recently reversed the summary judgment dismissal of a slip-and-fall on ice that was based on Defendants’ affirmative defense of primary assumption of risk. In Washington, primary assumption…
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Thursday June 8, 2023
By: Brian Schiewe
Plead it or Weep: You Can’t Assert a New Theory of Liability in Response to a Motion for Summary Judgment
Legal Alert
From the Desk of Josh Hayward: A motion for summary judgment can be defeated with a showing of a genuine issue of material fact. But can a party bring up new theories of liability—not asserted in the pleadings—in a response…
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Thursday May 18, 2023
By: Josh Hayward
Commercial Lines in Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard Partners, Kyle Riley and Ashley Nagrodski, as they discuss significant commercial lines cases from 2022 in Washington with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Webinar…
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Wednesday May 10, 2023
By: Firm Authorship
Commercial Lines in Oregon – 2022 Year in Review
Webinar
Join Smith Freed Eberhard Managing Partner Bill Taaffe and Partner Melanie Rose as they discuss significant commercial lines cases from 2022 in Oregon with a focus on the impact these cases will have on commercial lines claims management. Webinar On-Demand Webinar…
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Monday April 24, 2023
By: Firm Authorship
Oregon Court of Appeals Rules Special Relationship Required for Purely “Psychic Damages” in Negligence Claims
Legal Alert
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…
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Wednesday February 1, 2023
By: Melanie Rose
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”)?
Legal Alert
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…
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Wednesday January 18, 2023
By: Brian Schiewe
Of Horse and Man: Can a Malnourished Horse Sue Its Owner?
Legal Alert
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…
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Friday January 13, 2023
By: Josh Hayward
Not All Spoliation Spoils A Claim
Legal Alert
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…
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Wednesday December 14, 2022
By: Brian Schiewe
An Introduction to Traumatic Brain Injury Claims in Washington
Webinar
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…
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Friday November 18, 2022
By: Firm Authorship
Delegating a Duty of Care: When Can a Land Owner Delegate a Duty to Keep Others Safe to an Independent Contractor?
Legal Alert
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…
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Thursday October 20, 2022
By: Brian Schiewe
By Failing to Fully Admit Liability, The Door to Distracted Driving Evidence (Cell Phone Use), May Be Opened
Legal Alert
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…
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Monday October 10, 2022
By: Jeff Eberhard
What Risks Are Assumed in Construction Work and When Can It Bar Recovery?
Legal Alert
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…
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Monday October 3, 2022
By: Kyle Riley
Oregon’s Wrongful Death Statute and ORCP 44C: Who is a “Party”?
Legal Alert
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…
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Thursday September 8, 2022
By: Melanie Rose
Maintaining Safe Workplaces: Whose Duty Is It?
Legal Alert
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…
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Wednesday August 31, 2022
By: Firm Authorship
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
Legal Alert
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…
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Thursday August 25, 2022
By: Cliff Wilson
