Practice Area
Premises Liability
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…
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Wednesday January 3, 2024 By: Brian Schiewe
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…
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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…
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Thursday May 18, 2023 By: Josh Hayward
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
Oregon Court Determines When the Exception to Recreational Immunity Applies
Legal Alert
From the Desk of Josh Hayward:   Recreational immunity was created to promote the opening of land for recreational use by the public. The goal is to allow landowners to let the public use their land for recreation without fear…
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Thursday April 7, 2022 By: Josh Hayward
Commercial Lines in Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Kyle Riley and Ashley Nagrodski as they discuss significant commercial lines cases from 2021 in Washington with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Enter your email below to…
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Thursday March 10, 2022 By: Kyle Riley
Commercial Lines in Oregon – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Managing Partner Jeff Eberhard and Partner Bill Taaffe as they discuss significant commercial lines cases from 2021 in Oregon with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Enter your email…
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Thursday February 24, 2022 By: Jeff Eberhard
Airbnb and Hot Tub Liability: Read This Before Your Next Vacation
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Jeff Eberhard: When many hear of CDA Section 230 the focus may be why can’t Facebook, Twitter, etc. be sued because of the content posted on their…
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Thursday February 3, 2022 By: Jeff Eberhard
Airbnb and Hot Tub Liability: Read This Before Your Next Vacation
Podcast
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 Abby…
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Wednesday February 2, 2022 By: Jeff Eberhard
Personal Lines in Oregon and Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Josh Hayward and Cliff Wilson as they discuss significant personal lines cases of 2021 in Oregon and Washington with a focus on the impact these cases will have on personal lines claims management. Webinar Available On-Demand Enter your email…
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Wednesday January 26, 2022 By: Josh Hayward
Oregon Premises Liability Law
Webinar
Join Smith Freed Eberhard Partners Ryan McLellan and Sean Conner as they discuss Oregon premises liability law including recent developments and real world examples. Webinar Available On-Demand Enter your email below to request more information on this webinar. > Why…
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Friday November 12, 2021 By: Ryan McLellan
Premises Liability: Oregon Expands the Application of Comparative Fault
Legal Alert
From the desk of Sean Conner: In Oregon, in matters involving premises liability, it is common for a defendant to raise the affirmative defense of comparative fault and argue that a plaintiff’s recovery should be reduced, at least in part,…
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Thursday July 29, 2021 By: Sean Conner
Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability
Legal Alert
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…
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Wednesday May 19, 2021 By: Jeff Eberhard
The Briefing: Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability
Podcast
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…
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Wednesday May 19, 2021 By: Jeff Eberhard
The Briefing: Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?
Podcast
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…
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Thursday May 13, 2021 By: Jeff Eberhard
Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: 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…
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Monday May 10, 2021 By: Jeff Eberhard
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