Practice Area
Slip and Fall
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
Liability Waivers – Should We Wave Goodbye?
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 OregonLiability Waiver Law in WashingtonWhy Are…
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Thursday January 31, 2019 By: Jeff Eberhard
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: Washington Court of Appeals Affirms Summary Judgment Against Unrepresented Plaintiff for Failing to Follow Procedural Rules
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…
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Thursday October 11, 2018 By: Josh Hayward
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 & Washington Construction Law Master Class
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…
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Thursday February 9, 2017 By: Paul Sheely
Washington Case Law Update: Discovery Violation Sanctions Should Be Least Severe Possible
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…
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Thursday October 6, 2016 By: Kyle Riley
Discovery in the Information Age – Using Technology and Data to More Effectively Defend and Settle Your Claims
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 claimsWhy email is a double-edged swordThe truth…
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Thursday July 21, 2016 By: William Taaffe
WA Case Update: Will a Conclusory Expert Declaration Preclude Summary Judgment?
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…
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Thursday March 24, 2016 By: Kyle Riley
WA Case Update: Does a Landowner Retain Recreational Use of Immunity When Charging Fees to Use Portions of Land?
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…
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Thursday March 10, 2016 By: Kyle Riley
OR Case Update: Slips and Falls: Is a Wet Spot Alone Enough to Prove Liability?
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…
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Thursday September 10, 2015 By: Jeff Eberhard
Washington Case Update: Plaintiff Held to Her Burden of Proof in a Slip and Fall Claim
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…
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Thursday December 11, 2014 By: Firm Authorship
Washington Case Update: Slip & Falls: The Self-Service Exception Requires Some Evidence That Customers Cause Spills in the Area of the Fall
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…
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Thursday October 10, 2013 By: Kyle Riley
Washington Case Update: Slip & Falls: The Self-Service Exception Requires Some Evidence That Customers Cause Spills in the Area of the Fall
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…
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Thursday October 10, 2013 By: Michael Staskiews
Oregon Case Update: Does Governmental Discretionary Immunity Apply when a Public Employee makes Facility Design Decisions?
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…
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Tuesday May 1, 2012 By: Jeff Eberhard
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