When you’re walking around, you aren’t usually considering every single possible hazard that could result in injury. You expect to be relatively safe when going about your day. Unfortunately, sometimes accidents do happen and serious injuries can occur. If you’ve been injured in Oregon, you will need to understand premises liability to start understanding your legal rights to compensation.

In Oregon, premises liability law involves the duty of property owners (and occupiers) to maintain their property in such a way as to reasonably prevent injuries. This means they must take all necessary precautions, maintain the area, or post warning signs if an area is hazardous.

Slip and falls are the most common premises liability accidents in Oregon, and they can be the result of many things: water on the floor, icy sidewalks, uneven pavement, etc. Because every jurisdiction has slightly different laws regarding premises liability, you should call an experienced Oregon premises liability attorney to get an evaluation of the strength of your case. At Shulman DuBois LLC we offer free phone consultations for premises liability cases, so call 503-222-4411 to discuss your accident. (more…)

A lot of small dogs can fit into their owners laps while driving. But is this okay? Not really. The small dogs are distracting to the driver, and therefore increase the likelihood of accidents.

Now, don’t take this the wrong way – we love animals. Animals are great company. But, they pose a risk to Portland drivers when they are allowed to sit in the driver’s lap when the car is moving. Actually, pets should not be allowed to roam freely around the car anyway, as the safest way to travel with pets in the car is to have them either restrained or crates. This prevents the dogs from being thrown around when making sharp turns or if involved in an accident.

Because of this safety issue, the Oregon Seante has introduced a bill, Senate Bill 160, to instate a fine for people who are driving with an “obstructing animal.” While the fine maxes out at $90 it will still probably deter many people who would normally driver with their dog. This Bill is currently in committee. (more…)

If you have been injured at a friend’s house, you may be hesitant to file a claim for fear of financially hurting your friend or affecting your friendship. The reality is that unless you file a, Oregon personal injury claim, you may be left covering your own losses such as medical bills, lost wages and future losses related to the accident. The good news is that your claim should be covered by your friend’s insurance policy and beyond the possibility of their home insurance premiums increasing, there should be very little in terms of financial consequences for them.

The first thing you should do following a premises liability incident is seek medical attention. Not only will seeking immediate medical care increase your chances of a full recovery, but it will also document your injuries. A medical record can later be used to prove the extent of the injuries you have suffered and it will help give credibility to your claim should a dispute arise. (more…)

A product liability claim is one that has been filed by an individual injured by a faulty or defective product. In order to have a successful product liability claim, a victim will need to prove that the product was defective, that he or she suffered an injury and that your injury was caused by the defect. Proving that a product is defective is not always easy. Even in cases involving a product that has recently been recalled, you may have to prove exactly how the product was defective and how that defect affected you. The three types of product defects are: defective design, defective manufacturing and defective marketing.

When a product is inherently dangerous, it may not have been designed properly. This type of defect will not arise from an error in the manufacturing process. Instead, the entire line of the product may be dangerous for consumers even when it is perfectly made. Poorly designed products include a top-heavy SUVs that tip over easily, an appliance that catches fire or a toy that can be a choking hazard. (more…)

Historically, August is the hottest month in Portland, Oregon. This means that lots of people are out looking for places to swim! But pool owners need to be careful. Pool owners can be held liable for any injuries that occur in or near the pool under Oregon premises liability law. The safety conditions around the pool need to ensure that the pool owner is protected from a swimming pool premises liability lawsuit.

Some common injuries that occur around or in pools are: drowning, slip and falls, diving board accidents, head/brain injuries, and electrocution.

There are many obvious safety procedures to follow when maintaining a pool, including overseeing chlorine levels, ensuring the filtration system works properly, etc., but in order to make sure that you have taken all reasonable measures to protect people there are also some less obvious steps to take. Keep in mind that you need to protect both invited and uninvited guests!

Here are some safety steps: (more…)

Immediately following an Oregon car accident, it is important to determine if the authorities need to be notified about the crash. Under the Oregon Traffic Accident and Insurance Report (Form 735-32), you are legally obligated to file a report if anyone was injured, if your vehicle sustained $1,500 or more in damages, if another vehicle sustained $1,500 or more in damages and was towed, or, if someone’s property sustained over $1,500 or more in damages.

If you have been involved in an injury traffic accident, you will need to fill out an Oregon Traffic Accident and Insurance Report with the DMV within 72 hours of the crash. It is important to remember that filing a police report is not the same thing as filing a DMV report. When filling out a Portland DMV report, you will have to include information about when, where and how the crash occurred. You can obtain a form from your local DMV office or from the DMV’s official website. It is also important at the site of the accident that you exchange important information with other parties such as proof of liability insurance. (more…)

Establishing an open and honest relationship with your Oregon personal injury attorney is an important part of the claim process. There are five tips that will help you determine how to work well with your lawyer.

1. It is important to share with your attorney your entire criminal history. Minor unrelated incidents may not be relevant to your current case, but your Portland attorney needs to know about any past misdemeanors or felonies. There is a good chance that the opposing counsel will run a background check on you and your attorney may not appreciate being surprised in court.

2. Discuss all prior accidents and injuries you have suffered. One part of the claim process is determining the injuries suffered in the accident. To do this, your attorney will need to know your pre-existing conditions and any injuries you may have suffered prior to the accident in question. (more…)

Car crashes cause many different types of injuries and one of the most common, by far, is whiplash.

Symptoms of whiplash are often called “soft tissue,” which means that whiplash affects muscles, tendons, and ligaments throughout the body. After a car crash, many people feel fine – but the very next day they will wake up feeling sore all over, especially in the neck, shoulders, and back. This is because car crashes cause trauma to the muscles during the accident.

Whiplash can be diagnosed by a doctor, so if you’ve been in a car wreck, you should visit your physician as soon as possible. Even though whiplash is common and usually easily treated, do not underestimate the affect these injuries can have on your everyday life. (more…)

Driving is a task that demands your constant focus. Maneuvering tons of metal, plastic, and flammable substances at high speeds can be very dangerous, but people seem to forget that danger – despite the fact that there are dozens of accidents in each city daily. Distracted driving has always been a problem, but the problems seem to be increasing with the increased use of technology, like navigation systems and cell phones, in cars. In fact, you could say that cellphone usage, calling and texting, has become the distraction du jour.

In Oregon, between 2006 and 2008 there were over 1,500 reported car accidents caused by cellphone use. Obviously, there are many more incidents that went unreported and did not result in accidents, but this statistic is just one more reason to avoid talking or texting while driving. 1,500 accidents could possibly have been avoided by not using phones in the car. (more…)

Last week, minor Shakiya Sargent was awarded $147,000 in damages for her injury at her Portland Public School.

Back in 2007, Shakiya was running late for class and, with her arms full, tried to kick the metal crash bar on a door. While many students at the school kicked this door, Shakiya’s foot slipped this time and her leg went through the wire glass. The broken glass and wire went into her leg, severing two major nerves and 70% of her Achilles tendon. Her medical bills reached $41,000.

A Multnomah County jury found Portland Public Schools negligent in this case, and awarded Shakiya (now 17 years old, 13 at the time of the accident) $222,000. But because of tort limits, the reward amount was reduced to $147,000. (more…)