Practice Area
Premises Liability
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
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 research. Only 5% of the total lawyers in each state are selected to this list. Congratulations to the following Smith…
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Thursday February 20, 2020 By: Firm Authorship
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
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, Washington that was sold to a private party as an investment property. Each lot was serviced by a separate septic…
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Friday February 8, 2019 By: Paul Sheely
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
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 land. The extent of the duty depends on whether the individual is an invitee, a licensee, or a trespasser. Regardless…
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Thursday October 18, 2018 By: Thomas McCurdy
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: 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 claims for emotional distress unless the plaintiff was physically injured. In this case, the Oregon Supreme Court was asked to…
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Thursday January 19, 2017 By: Jeff Eberhard
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 attach.  Under the “self-service” Pimentel exception, however, the plaintiff does not have to show that the defendant had notice if…
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Wednesday December 28, 2016 By: Kyle Riley
Webinar
Smith Freed Eberhard Partner, Bill Taaffee and Partner, Tom McCurdy discuss how the changing landscape of retail could affect you and your claims handling. In this one hour presentation Bill and Tom discuss: Legal standards for claims against retail stores in Oregon and Washington Best practices for managing and evaluating claims against Oregon and Washington retailers Holiday shoppers who slip,…
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Tuesday December 20, 2016 By: William Taaffe
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 unreasonable risk of harm?  Read on to learn about the state of premises liability law in Oregon. Claims Pointer: In…
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Wednesday November 16, 2016 By: Ryan McLellan
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 should anticipate that the condition may harm customers even if they are aware of it.  In this case, the Washington…
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Thursday October 13, 2016 By: Kyle Riley
Legal Alert
    Oregon Case Law Update: When Does a Business have a Duty to Protect Patrons from Violence? From the desk of Jeff Eberhard: In this case, a teenage exchange student was waiting in line at an underage nightclub when she was shot and killed.  The trial court dismissed the claim against the nightclub on the grounds the harm was…
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Tuesday September 13, 2016 By: Jeff Eberhard
Webinar
Smith Freed Eberhard Partner Bill Taaffe demonstrates how you can use technology and data to more effectively defend and settle your claims. Bill discusses: How to leverage social media to uncover and undermine claims Why email is a double-edged sword The truth about cell phone data and what types of data are practical and available for use How electronic discovery…
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Thursday July 21, 2016 By: William Taaffe
Legal Alert
  From the Desk of Kyle D. Riley: When a dog bites a person who is lawfully on the property, the case is normally analyzed under common law strict liability.  However, many states have applied a premises liability theory to these cases.  In a case of first impression, the Washington Court of Appeals followed these other states in determining that…
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Thursday June 23, 2016 By: Kyle Riley
Legal Alert
From the desk of Kyle D. Riley: When a landowner engages in self-help to remove encroaching tree roots or branches from his property, is a duty of care owed to the adjacent landowner to ensure the tree is not unnecessarily damaged? Find out how the Washington Court of Appeals recently decided this issue in this week’s case update. Claims Pointer:…
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Thursday April 7, 2016 By: Kyle Riley
Legal Alert
From the Desk of Kyle D. Riley: In a slip and fall case, will an expert’s declaration concluding that a condition on the property is dangerous be enough to survive a summary judgment motion? Read on to see how the Washington Appeals Court answered this question. Claims Pointer: The Washington Court of Appeals affirmed the grant of summary judgment in…
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Thursday March 24, 2016 By: Kyle Riley
Legal Alert
From the Desk of Kyle D. Riley: Is a landowner entitled to recreation use immunity where part of its land generates fees? Will a hidden condition on the land negate this immunity? Read on to see how the Washington Appeals Court recently answered these questions. Claims Pointer: The Washington Court of Appeals held that the landowner maintained recreational use immunity…
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Thursday March 10, 2016 By: Kyle Riley
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