Practice Area
Commercial Liability Defense
Plaintiff’s Preexisting Medical Condition Does Not Always Require The “Substantial Factor” Jury Instruction
Legal Alert
From the Desk of Josh Hayward: Multiple potential causes exist in many negligence cases. A defendant might argue, for example, that a plaintiff’s alleged injury was caused by the plaintiff’s preexisting condition, and not the defendant’s negligence. Jury instructions can…
Read more »
Thursday February 22, 2024 By: Josh Hayward
Negligent Claims Handling & Extracontractual Damages
Webinar
Join Smith Freed Eberhard Partners Melanie Rose and Cliff Wilson as they discuss one of the most significant cases relating to Oregon Insurance law in recent memory, Moody v. Oregon Community Credit Union. This case, which has now been upheld…
Read more »
Wednesday February 14, 2024 By: Firm Authorship
When is a Landowner Allowed to Delegate the Duty of Care to an Independent Contractor to Ensure Others’ Safety?
Legal Alert
From the Desk of Brian Schiewe: In a recent Washington State Supreme Court decision, the Court affirmed that a landowner may delegate to a qualified independent contractor its duty to invitees to remediate known or obvious dangers.  In premises liability…
Read more »
Wednesday January 3, 2024 By: Brian Schiewe
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…
Read more »
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……
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
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…
Read more »
Monday October 3, 2022 By: Kyle Riley
Recent Posts
  • Steven Gassert Promoted to Partner Please join us in congratulating Steven Gassert on being named…
  • SFE Charity Committee’s Fun February 2024 The SFE Charity Committee in our Portland office enjoyed hosting…
  • Ashley Nagrodski Joins Smith Freed Eberhard Equity Partners Ashley Nagrodski demonstrates more than 10 years of exceptional talent at…