Practice Area
Negligence
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
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 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 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
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
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
White Paper
  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 and settle your claims. Enter your email below to request the handout. Download the HandoutBe In The KnowBut Know We Have…
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Tuesday November 26, 2019 By: Jeff Eberhard
Legal Alert
Washington Case Update: Unusual Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur From the desk of Kyle D. Riley: In personal injury lawsuits alleging negligence, the plaintiff has the burden of proving that a defendant breached a duty owed to the plaintiff. In some cases, however, plaintiffs are able to utilize…
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Thursday April 18, 2019 By: Kyle Riley
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 cases: (OR) Case affecting the discoverability of physician-patient communications. (OR) Cases enforcing the complicity doctrine in liquor liability lawsuits. (OR) Case limiting the scope of Oregon’s elder abuse statute as it pertains to insurance companies.…
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Thursday November 8, 2018 By: William Taaffe
Legal Alert
Oregon Appellate Update: Oregon Supreme Court Grants Review in Two Important Cases - Tort Cap and Dram Shop From the Desk of Jeff Eberhard: On November 1, 2017, the Oregon Court of Appeals issued two separate decisions, both of which have a significant impact on the insurance industry and defense of claims.  Recently, the Oregon Supreme Court issued orders accepting review…
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Thursday May 24, 2018 By: Jeff Eberhard
Legal Alert
Washington Case Law Update: Court Rules that Implied Warranty of Habitability Does Not Extend to Tenant’s Guest From the desk of Kyle D. Riley: Under common law in Washington, landowners may be liable for failure to maintain a safe and habitable premises.  But where the landlord owns a house that is occupied by a tenant, does the landlord owe a duty…
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Thursday May 17, 2018 By: Kyle Riley
Legal Alert
Oregon Case Law Update: Patron Not Prohibited from Filing Third Party Complaint Against Alcohol Provider From the Desk of Jeff Eberhard:  A few months ago, the Oregon Court of Appeals held that ORS 471.565(1), which prevents a patron who voluntarily consumed alcohol from bringing suit against the alcohol provider, to be unconstitutional in the context of a social host. [See…
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Wednesday April 18, 2018 By: Jeff Eberhard
Success Story
SFE Attorney: Ryan McLellan Plaintiff Attorney: Kathryn A. Hall City, County, State: Jackson County Circuit Court, Oregon Claims Alleged: Injury to Horse (Property Damage) Injuries Alleged: No longer able to carry foal Admitted Liability: No Amount Claimed: $65,000 The Overview Smith Freed Eberhard partner Ryan McLellan recently obtained a very favorable settlement during trial after moving for a directed verdict…
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Thursday March 22, 2018 By: Ryan McLellan
Legal Alert
From the Desk of Joshua P. Hayward: In Washington, a person who is injured while rescuing another individual may have a claim against the party whose negligence caused the need for rescue.  But does this rule apply to a professional rescuer, such as a firefighter, who is injured while responding to an accident scene? Read on to find out. Claims…
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Wednesday February 28, 2018 By: Josh Hayward
Legal Alert
Washington Case Update: Parent’s Negligent Supervision not Tortious, Cannot Reduce Child’s Recovery From the desk of Kyle D. Riley: Washington’s comparative fault scheme permits apportioning fault among all entities who bear a portion of fault, including those that are immune from liability to the claimant.  When a child is injured due in part to the negligent supervision of a parent, how…
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Thursday July 20, 2017 By: Kyle Riley
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