Practice Area
Slip And Fall
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 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 broadly Oregon courts interpret which injuries are covered by workers’…
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Wednesday May 19, 2021 By: Jeff Eberhard
Podcast
Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability - The Briefing 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 Wickizer, Director of Legal…
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Wednesday May 19, 2021 By: Jeff Eberhard
Webinar
Liability Waivers – Should We Wave Goodbye?Managing Partner Jeff Eberhard breaks down the evolving and complex world of liability waiver enforcement in Oregon and Washington courts. He will discuss: Liability Waiver Law in Oregon Liability Waiver Law in Washington Why Are Liability Waivers Worth Your Time? Gross Negligence Unconscionability Public Policy Standard Established By Law For Protection Of Others Watch…
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Thursday January 31, 2019 By: Jeff Eberhard
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: Washington Court of Appeals Affirms Summary Judgment Against Unrepresented Plaintiff for Failing to Follow Procedural Rules From the Desk of Joshua P. Hayward: Unrepresented parties occasionally get the benefit of the doubt from trial courts when they miss deadlines. Often, an unrepresented party must miss several deadlines and/or court appearances before their case is dismissed. How much leeway…
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Thursday October 11, 2018 By: Josh Hayward
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
Webinar
The world of construction presents a large number of issues for contractors, subcontractors, engineers, architects, and their insurers.  In this presentation, we address the basics of the law, including statutes of limitation and repose, the standards to which construction companies and professionals are held in claims of negligent construction, and the insurers’ duties to defend and indemnify, as well as…
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Thursday February 9, 2017 By: Paul Sheely
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
  Washington Case Law Update: Discovery Violation Sanctions Should Be Least Severe Possible From the Desk of Kyle D. Riley: When a party fails to reasonably respond to discovery requests, the trial court can sanction the party.  Generally, sanctions should be the least severe sanctions possible that will still ensure the wrongdoer does not profit from the wrong.  Read on to…
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Thursday October 6, 2016 By: Kyle Riley
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: 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
Legal Alert
From the desk of Jeffrey D. Eberhard: Whether it’s water on the mass transit bus floor or a spill on aisle 6, property owners generally have a legal obligation to find out about “foreign substances” and take steps to make sure that people don’t get hurt because of them. But what does an injured person have to prove to win…
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Thursday September 10, 2015 By: Jeff Eberhard
Legal Alert
Insurers should be aware the Washington Court of Appeals recently held, a supermarket does not have constructive notice of a dangerous condition without evidence of how long the condition persisted.  Moreover, when claiming the self-service exception in a slip and fall claim, a plaintiff will not meet her burden of proof simply by providing evidence that the store stocked items…
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Thursday December 11, 2014 By: Firm Authorship
Legal Alert
From the Desk of Kyle Riley: The Washington Court of Appeals failed to recognize the self-service exception, which allows a plaintiff to avoid establishing that a business had notice of a dangerous condition, in a case where the plaintiff slipped and fell 15 feet from the checkout line. Specifically, the Court denied use of the exception because there was no…
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Thursday October 10, 2013 By: Kyle Riley
Legal Alert
From the Desk of Kyle Riley: The Washington Court of Appeals failed to recognize the self-service exception, which allows a plaintiff to avoid establishing that a business had notice of a dangerous condition, in a case where the plaintiff slipped and fell 15 feet from the checkout line. Specifically, the Court denied use of the exception because there was no…
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Thursday October 10, 2013 By: Michael Staskiews
Legal Alert
From the desk of Jeff Eberhard: Under Oregon law, a public body cannot be held liable for damages caused by the negligence of an employee, officer or agent of the public body if the claimed negligence was based on the performance of a discretionary function. A discretionary function would generally include spending decisions based on balancing the allocation of scarce…
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Tuesday May 1, 2012 By: Jeff Eberhard
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