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 »
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 »
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 »
COVID-19 in Review: How Emerging Lawsuits Will Impact Future Litigation
Join Smith Freed Eberhard Managing Partner Jeff Eberhard and Director of Legal Operations Justin Wickizer as they discuss the new and unique lawsuits we have seen over the last year as a result of the COVID-19 pandemic and the impact…Read more »
Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability
Listen to Our Legal Alerts on the Following Platforms: From the desk of Jeff Eberhard: In Oregon, workers’ compensation is an exclusive remedy against an employer, which means the employee cannot pursue civil litigation against that employer. Therefore, knowing how…Read more »
The Briefing: Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability
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…Read more »
Four Smith Freed Eberhard Attorneys Recognized as 2020 Super Lawyers and Rising Stars.
Award & Recognition
Smith Freed Eberhard is proud to announce that 3 of our attorneys have been recognized as 2020 Super Lawyers and Rising Stars. Each year, Super Lawyers selects attorneys through a multi-phase selection process based on peer nominations, evaluations and independent…Read more »
An $18,000,000 Dismissal
Claims Alleged: Personal Injury Injuries Alleged: Quadriplegia Amount Claimed: $18,000,000 The Background Plaintiff was a general contractor on a commercial building project. One of his subcontractors was injured on the job and rendered a quadriplegic. When the injured worker sued…Read more »
Top 10 Things to Know About Discovery in the Information Age
Whether or not you viewed our webinar, Discovery in the Information Age, you'll want to download our complimentary cheat sheet that summarizes the key takeaways from the webinar about how you can better use technology to more effectively defend…Read more »
Oregon Case Update: Oregon Supreme Court Determines that the Noneconomic Damages Cap Does Not Apply in Any Case Involving Workers’ Compensation
Oregon Case Update: Oregon Supreme Court Determines that the Noneconomic Damages Cap Does Not Apply in Any Case Involving Workers’ Compensation From the Desk of Ryan McLellan: Oregon’s $500,000 noneconomic damages cap purports to limit the amount of noneconomic damages…Read more »
2018 – Year In Review – Commercial Lines in Oregon
Webinar Available On-Demand Enter your email below to request more information on this webinar. > Smith Freed Eberhard Partner Bill Taaffe discusses major cases of the past year in Oregon. In this one hour presentation, Bill focuses on the following…Read more »
Washington Case Law Update: Jobsite Owner Not Entitled to Reduce Liability by Allocating Fault
Washington Case Law Update: Jobsite Owner Not Entitled to Reduce Liability by Allocating Fault From the desk of John Kreutzer: As with many other states, Washington law allocates fault among all entities that caused the claimant’s damages. But when one…Read more »
Retail Store Liability
Webinar Available On-Demand Enter your email below to request more information on this webinar. > Smith Freed Eberhard Partner, Bill Taaffe discusses how the changing landscape of retail could affect you and your claims handling. In this one hour presentation…Read more »
Oregon Construction Case Law Update: Retaining Right to Control Safety Measures Will Lead to Contractor Liability
Oregon Construction Case Law Update: Retaining Right to Control Safety Measures Will Lead to Contractor Liability From the desk of Smith Freed Eberhard: Oregon’s Employer Liability Law (“ELL”) imposes nearly strict liability for owners, contractors, and subcontractors who are responsible…Read more »
Oregon Case Law Update: High-Low Settlement Agreements Do Not Necessarily Resolve Dispute
Oregon Case Law Update: High-Low Settlement Agreements Do Not Necessarily Resolve Dispute From the desk of Jeff Eberhard: A high-low settlement agreement is a settlement in which the settling defendant agrees to pay a minimum amount and the plaintiff…Read more »
Oregon Case Update: Worker Can Sue if Employer Deliberately Causes Injury
From the desk of Jeff Eberhard: Normally, the Workers’ Compensation Act is a worker’s exclusive remedy for injuries sustained while on the job. However, the Act provides an exception for circumstances where the employer deliberately causes injury to the…Read more »
Washington Case Update: When is an Act Negligent as a Matter of Law?
From the Desk of Kyle D. Riley: In the vast majority of cases, whether a person was negligent is an issue of fact for the jury. There is the rare occasion, however, on which a trial court will grant summary…Read more »
Jobsite Injury Claims Dismissed
Plaintiff was a general contractor on a commercial building project. One of his subcontractors was injured on the job and rendered quadriplegic. When the injured worker sued the contractor for his injuries, the contractor sought coverage from its insurer. Coverage…Read more »