Tort Tips

January 2015 | May 2014 | January 2014

Impact of Local Laws on Dog Attacks

Children injured by dogs sometimes have little recourse against a dog owner. Ordinarily, the child’s representative would need to prove that the owner was negligent in allowing the dog to bite. Some local governments, however, have laws regarding liability for dogs that bite while off-leash on another person’s property. We used that type of local […]

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Improper Care Leads to Nursing Home Death

With more and more Oregonians living longer and with more serious health issues, nursing home neglect and abuse is an increasingly important issue. We recently helped the family of a 59-year old man who died following a short admission to a Memory Care Center. The man had developed early onset Alzheimer’s disease and needed supervision […]

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Defendant Dies During Litigation

A defendant may pass away after a complaint is filed. If there is no probate otherwise opened, the plaintiff may need to petition the probate court to open an estate for the deceased defendant to allow the case to continue. We recently created an estate proceeding for a deceased defendant while we represented a local […]

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When Multiple Drivers Cause Pedestrian Death

Collisions between automobiles and pedestrians may involve more than one negligent driver. For example, a pedestrian crossing the street could be hit by multiple vehicles in rapid succession, making it difficult to determine the injuries caused by each. Oregon law provides that each negligent driver is liable when his or her conduct was a substantial […]

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Be Careful What You (Don’t) Ask For: Jury Instructions

The Oregon Court of Appeals recently issued its opinion in Lenn v. Baldwin, 269 Or App 189 (2015). Lenn is a legal negligence case, but it is more generally a cautionary tale about requested jury instructions. In Lenn, the plaintiffs alleged that their attorney in a real property dispute was negligent. The focus of the […]

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