Practice Area
Premises Liability
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
Washington Commercial Lines – 2020 Year in Review
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…
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Friday April 2, 2021 By: Kyle Riley
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…
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Thursday February 20, 2020 By: Firm Authorship
Top 10 Things to Know About Discovery in the Information Age
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…
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Tuesday November 26, 2019 By: Jeff Eberhard
Avoiding the Septic Storm
Success Story
In a recent victory, Smith Freed Eberhard skillfully maneuvered around challenging facts to secure a favorable jury verdict on behalf of our clients. The Background This case is all about septic systems. SFE’s client owned a mobile home park in Vancouver,…
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Friday February 8, 2019 By: Paul Sheely
2018 – Year In Review – Commercial Lines in Oregon
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…
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Thursday November 8, 2018 By: William Taaffe
Washington Case Law Update: Washington Court of Appeals Confirms That a Landowner Need Not Warn a Licensee of Dangers on Property They Do Not Own
Legal Alert
Washington Case Law Update: Washington Court of Appeals Confirms That a Landowner Need Not Warn a Licensee of Dangers on Property They Do Not Own From the desk of Tom McCurdy: Landowners owe certain duties to individuals present on their…
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Thursday October 18, 2018 By: Thomas McCurdy
Washington Case Law Update: Court Rules that Implied Warranty of Habitability Does Not Extend to Tenant’s Guest
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…
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Thursday May 17, 2018 By: Kyle Riley
Oregon Case Law Update: Oregon Expands Liability for Negligent Infliction of Emotional Distress
Legal Alert
Oregon Case Law Update: Oregon Expands Liability for Negligent Infliction of Emotional Distress From the desk of Jeff Eberhard: Since 1986, Oregon has followed the impact rule in claims for negligent infliction of emotional distress.  This rule prohibited recovery in…
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Thursday January 19, 2017 By: Jeff Eberhard
Washington Case Update:  Snakebit: When Does a Plaintiff Have to Show Notice of a Hazardous Condition?,
Legal Alert
From the desk of Kyle D. Riley: Under Washington premises liability law, a business invitee usually must show that the owner of the premises had actual or constructive notice of the hazardous condition for the business to be liability to…
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Wednesday December 28, 2016 By: Kyle Riley
Oregon Case Update: Premises Liability Does Not Require “Unreasonably Dangerous Condition”
Legal Alert
From the desk of Ryan McLellan: A possessor of land owes a duty to protect an invitee from an unreasonable risk of harm.  But does a plaintiff also have to prove an unreasonably dangerous condition in order to prove an…
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Wednesday November 16, 2016 By: Ryan McLellan
Washington Case Update: Whether Ottoman in Store Aisle was “Open and Obvious” a Jury Question
Legal Alert
Washington Case Law Update: Whether Ottoman in Store Aisle was “Open and Obvious” a Jury Question From the Desk of Kyle D. Riley: Generally, businesses are not liable for harms caused by open and obvious hazards on their property unless the business…
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Thursday October 13, 2016 By: Kyle Riley
Recent Posts
  • Steve Murphy Joins Smith Freed Eberhard as Associate Attorney Please join us in welcoming Steve Murphy! Steve has joined…
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