Practice Area
Commercial Liability Defense
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
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: Gordon Klug
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
Straight Up: Liquor Liability and Litigation Strategies in Oregon
Webinar
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…
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Monday August 1, 2022 By: Jeff Eberhard
Washington Supreme Court Asked to Recognize an Exception to the Learned Intermediary Doctrine
Legal Alert
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…
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Monday August 1, 2022 By: Gordon Klug
A Sigh of Relief from Oregon Landlords as Oregon Court of Appeals Determines a Tenant Cannot Receive “Per Violation” Damages
Legal Alert
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…
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Wednesday July 20, 2022 By: Sean Conner
One Defendant’s Negligence is Another Defendant’s Treasure
Legal Alert
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…
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Monday July 11, 2022 By: Brian Schiewe
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  • SFE at 2023 PLRB Claims Conference 03.30.2023 We had a wonderful week of networking at the PLRB…