Practice Area
Commercial Liability Defense
Podcast
Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property? Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode, Justin Wickizer, Director of Legal Operations, discusses Smith Freed…
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Thursday May 13, 2021 By: Jeff Eberhard
Legal Alert
Listen to our Legal Alerts on the following platforms: Listen on Apple Podcasts Listen on Spotify Listen on SoundCloud From the desk of Jeff Eberhard: The Washington Supreme Court granted direct review (i.e., bypassing the court of appeals) on a claim of injury due to a pit bull. There were concerns this case might be the court’s opportunity to rewrite…
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Monday May 10, 2021 By: Jeff Eberhard
Podcast
Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient? Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In the first episode, Justin Wickizer, Director of Legal Operations, discusses…
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Thursday May 6, 2021 By: Brian Schiewe
Legal Alert
Listen to our Legal Alerts on the following platforms: Listen on Apple Podcasts Listen on Spotify Listen on SoundCloud From the desk of Brian Schiewe: In Washington, a person usually does not have a duty to control another’s behavior. There are few scenarios where someone can be found liable for another individual harming a third party. One of those scenarios…
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Monday April 19, 2021 By: Brian Schiewe
Legal Alert
From the desk of Josh Hayward: Side agreements to insurance policies sometimes occur and can potentially have the effect of shifting responsibility for liability back onto the policyholder. The Oregon Supreme Court just addressed what impact these side agreements can have on an insurer’s duty to defend. Claims Pointer: The Oregon Supreme Court ruled that side agreements cannot be considered…
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Tuesday April 13, 2021 By: Josh Hayward
Webinar
Smith Freed Eberhard partners Kyle Riley and Gordon Klug discuss significant cases of the past year in Washington, with a focus on commercial lines claims management. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on commercial lines claims management. This webinar will prepare…
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Friday April 2, 2021 By: Kyle Riley
Legal Alert
From the desk of Tom McCurdy: Last year the Washington Court of Appeals issued an opinion that addressed when a school district can be held liable for the injury or death of its students. The school district petitioned the Washington Supreme Court for review in hopes that the court would find that the school district’s conduct was not the cause…
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Tuesday March 30, 2021 By: Thomas McCurdy
Legal Alert
From the desk of Gordon C. Klug: Washington has recognized a cause of action for tortious interference with a dead body for over 100 years. This tort allows plaintiffs to pursue compensation for the emotional distress they suffer after learning that their loved ones’ remains were mistreated. Washington never clarified WHO can bring this type of lawsuit . . .…
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Tuesday March 30, 2021 By: Gordon Klug
Legal Alert
From the desk of Thomas McCurdy: Washington provides a complete defense for personal injury or wrongful death lawsuits when the person injured (or killed) was committing a felony at the time of injury. But to be provided this defense, must the injured person be convicted of, or at least admit to, committing the felony? And if not, what exactly does…
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Wednesday March 17, 2021 By: Thomas McCurdy
Legal Alert
From the desk of Kyle Riley:  To prevail on a private claim under Washington’s Consumer Protection Act (“CPA”), a plaintiff must establish that a company engaged in an unfair or deceptive act or practice. At times, lower courts in Washington have read a materiality requirement into this, which makes the plaintiff’s ability to prevail more difficult. In this opinion, the…
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Wednesday March 10, 2021 By: Kyle Riley
Legal Alert
From the Desk of Ryan McLellan: The ability to recover double or triple damages under Oregon’s timber, shrub, and produce trespass statute can result in significant recoveries for plaintiffs. In this case, the defendant put forth numerous arguments in an attempt to thwart the plaintiffs’ recovery of enhanced damages for injury to a crop of produce. Claims Pointer: This recent…
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Thursday March 4, 2021 By: Ryan McLellan
Legal Alert
From the Desk of Melanie Rose: Plaintiffs do not have endless time to file their legal actions. Rather civil claims are subject to statutes of limitation, which require a lawsuit to be filed within a specified amount of time based on the type of action—personal injury, wrongful death, breach of contract, etc. However, there are instances where these limitation periods…
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Monday February 22, 2021 By: Melanie Rose
Webinar
Smith Freed Eberhard partners Josh Hayward and Melanie Rose discuss significant cases of the past year in Washington, with a focus on Personal Lines claims management. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on Personal Lines claims management. This webinar will prepare you…
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Friday January 29, 2021 By: Josh Hayward
Legal Alert
From the desk of Bill P. Taaffe: In Oregon, to prove negligence, a plaintiff must show the harm he or she suffered was foreseeable.  How one characterizes the harm—i.e., “a head injury” versus just “an injury”—clearly has a significant impact on what can be considered foreseeable. This case asks the question: Can a head injury, caused by walking into a…
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Wednesday January 27, 2021 By: William Taaffe
Legal Alert
From the desk of Ashley Nagrodski: Washington has a recreational use immunity statute that shields landowners from liability for injuries that occur on their property. However, there is an exception to this immunity which means a qualifying defendant may still face liability. What exactly is required to come within the protection of this statute? Read on to find out. Claims…
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Thursday January 7, 2021 By: Firm Authorship
Success Story
Claims Alleged: Appeal from Summary Judgment Dismissal of Adverse Possession and Prescriptive Easement Claims The Overview: Smith Freed Eberhard partner, Ashley Nagrodski, and associate, Jessica Kamish, achieved a compelling win for their clients in the Washington Court of Appeals when the court affirmed the trial court’s dismissal of the claims against their clients. Ashley and Jessica were assigned the case during the late stages of…
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Tuesday December 1, 2020 By: Firm Authorship
Legal Alert
From the desk of Thomas McCurdy: Generally, if a driver loses consciousness and causes an auto accident, they are not held liable. The driver can be held liable, however, if they were aware that there was a possibility they could suddenly lose consciousness. This case addresses the question, does a driver’s prior knowledge of their multiple health conditions make them…
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Tuesday December 1, 2020 By: Thomas McCurdy
Webinar
Smith Freed Eberhard Partners Jeff Eberhard and Bill Taaffe discuss major cases of the past year in Oregon, with a focus on Commercial Lines claims management during this one hour presentation. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on Commercial Lines claims management. This…
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Thursday November 19, 2020 By: Jeff Eberhard
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