Homes and Condominium or Homeowner Associations
Homeowners can sometimes be held liable for persons injured on their property, although it is usually the homeowners insurance company that pays for the injuries. Even if home owner is not at fault for the injury, the homeowner’s insurance policy may pay some limited “med pay” benefits for the medical bills. Injuries at homes have been known to be caused by the following conditions: a hole in the yard, fence, or deck; stairs (with or without rails or railing), walkways, driveways, sidewalks, water features, rivers, ponds, lakes, canals, ponds, ditches, swimming pools, hot tubs, Jacuzzis, unlighted areas such as stairs or walkways, porches, propane heaters, and dogs that bite sometimes when they escape from their leash (including pit bull dogs).
Office Buildings and Museums
People visiting office buildings and museums can be injured by faulty stairs or railing; substances left on the floor; cracked or broken sidewalks or sidewalks with leaves, ice or other debris; and loose manhole covers.
Abandoned Buildings and Abandoned Factories
Abandoned buildings and abandoned factories can be very dangerous places that provide unsafe conditions.  Injury can result from a variety of things including: broken windows, broken equipment, down power lines that can electrocute a person, utility poles or guy wires in disrepair or harmful coal dust.  Another danger lies in the abandoned parking lot where someone could be abducted or raped. 
Inadequate Security
Injury or death can be caused by inadequate security.  Inadequate security can allow a shooting, stabbing, rape, robbery, theft, assault, murder or other criminal activity to occur where none would otherwise occur with proper security. Inadequate security can occur in or around schools, parks, banks, rentals, apartment complex parking lots, apartment complex laundry rooms, shopping centers, grocery stores, shopping malls, hotels and motels, restaurants, bars, convenience stores, department stores, large retail stores, parking garages, or sidewalk areas. Inadequate security can take the form of failure to post security guards, failure to warn about dangerous tenants or tenants with a criminal background, landlord's failure to give notice of other crimes or assaults, failure to provide sufficient lighting, and landlord's failure to provide working locks on doors and latches on windows. Back to top.

WHAT IS "NEGLIGENCE" IN AN OREGON PERSONAL INJURY CASE ANYWAY?

In order to support a claim for negligence in the absence of a “special relationship” between the plaintiff and the defendant in an Oregon Personal Injury cases, a personal Injury claimant must show that the defendant's actions created a reasonably foreseeable risk of harm, including personal injury, to the plaintiff. What is deemed “reasonably foreseeable” for the purposes of establishing liability is quite broad and may even extend to negligent maintenance by a prior vehicle owner.  Bailey v. Lewis Farm, Inc., in the Supreme Court of the State of Oregon (October 11, 2007).  Jerome Bailey was injured when the rear axle assembly broke loose from a passing semi-truck, causing the dual wheels and tires to come off and collide with his vehicle causing personal injury.  Bailey sued several parties, including May Trucking Company (May), who was the former owner of the truck, alleging that it was negligent in driving the truck for more than 500,000 miles without performing necessary maintenance on the rear axle. May moved to dismiss the complaint against it for failure to state a claim, arguing that it was not liable in negligence as a matter of law because it had sold the truck more than a year before the collision and exercised no control over it since that time. The trial court agreed and granted May’s motion to dismiss for failure to state a claim.  Bailey appealed.  The Oregon Court of Appeals met en banc (i.e. all ten judges heard the case) and split 5 to 5 on whether the plaintiff stated a valid negligence claim under Oregon law.  The effect of the split decision was that the trial court's decision was affirmed without producing a majority opinion to cite as authority in future cases. The Oregon Supreme Court allowed review to consider the issue.  Although the Court appeared to conclude that that it might be difficult for Bailey to actually prove that May was liable for his personal injuries given the known facts of this case, it nonetheless held that the allegations in Bailey’s complaint did state a claim for negligence; namely, that May failed to clean and repack the truck’s axle wheel bearings every 25,000 miles, and to perform a more detailed cleaning and inspection every 100,000 miles as recommended by the truck’s manufacturer. In fact, Bailey’s complaint alleged that May performed only one of the recommended 20 maintenance services to the axle bearings. Noting that if May had negligently maintained the axle when it owned it, and if that negligent maintenance was a substantial contributing cause of Bailey’s injury (as his complaint alleged), a reasonable jury could find the failure of the trailer’s axle, the loss of its wheels, and the resulting injuries to be foreseeable. In short, the Court held that the mere fact that May had not owned the trailer for more than a year prior to the collision did not necessarily excuse it, as a matter of law, from the consequences of its alleged prior negligence. Back to top.

OREGON BASICS OF LIABILITY AND TORT IN PERSONAL INJURY CLAIMS

Motor Vehicle and Pedestrian Duties
Auto v. Auto
A driver must not drive at a speed greater than is reasonable and prudent under the circumstances. Oregon’s Vehicle Code prescribes the duties of a driver: If a driver fails to comply with a statutory duty, the violation may be used to establish statutory negligence, or “negligence per se.” (Exceptions in some circumstances if conduct is ‘reasonable.’) Traffic Citations are not evidence of negligence. Seatbelt Defense: Failure of the claimant to wear a seatbelt mitigates damages up to 5%.
Auto v. Pedestrian
Vehicle drivers must yield to pedestrians if: A pedestrian is within a marked or unmarked crosswalk where there are no traffic control devices; or
A pedestrian is traveling on a sidewalk; or A pedestrian is proceeding in accordance with pedestrian control signals or in accordance with any traffic control device. Pedestrians must yield to vehicles and may not: Suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard; or cross a roadway at any point other than within a marked crosswalk or unmarked crosswalk at an intersection.
Auto v. Animal
The driver of a vehicle must: Yield to the right of way to livestock being driven on a highway; Use caution when approaching or passing a person riding, leading, or herding livestock; and Stop if a person riding or leading livestock upon a highway gives a distress signal. If requested, a driver must turn off the
engine until the livestock is controlled. An owner may be liable for allowing livestock to run at large in a “closed range” area or within certain designated highways. An owner of livestock may not be liable for allowing livestock to run in “open range” areas.
Motorcycles and Bicycles
Bicyclists under the age of 16, motorcyclists, their passengers, and moped drivers must wear protective headgear. Failure of a bicyclist to wear a helmet is inadmissible to reduce damages or constitute a defense in an action for the bicyclist’s damages. Failure of a moped or motorcycle operator to wear a helmet may be used as evidence to reduce damages, because no statute provides otherwise.
Dog Bites
Oregon Law requires notice of the dog’s vicious propensity. Once the owner has notice, there is strict liability. Back to top.

WRONGFUL DEATH AND SURVIVAL CLAIMS

A “wrongful death” action can be pursued by the personal representative of the estate for the benefit of the surviving spouse, children, stepchildren, parents and
stepparents of the decedent. Damages recoverable in wrongful death include: Reasonable charges for medical care and funeral expenses; Compensation for decedent’s disability, pain and suffering; Pecuniary loss to descendant’s estate; Pecuniary loss and compensation for loss of society, companionship, and services suffered by descendant’s spouse, children and parents; and Punitive damages that the decedent would have been entitled to recover had he lived.
“Non economic damages” in wrongful death are limited to $500,000 by statute.  A “survival” action is allowed for injury claims when the claimant’s death is
unrelated. Damages are limited. Back to top.


OREGON PERSONAL INJURY LAWSUITS AND TRIAL PROCESS

The Complaint-The start of an Oregon Personal Injury lawsuit begins when the injured person (the "plaintiff") files a "complaint" at the appropriate courthouse within the statute of limitations.  
Service-After the Oregon personal injury lawsuit complaint is filed, "service" must be effected on the person who caused the injuries (the "defendant"). Service is usually effected by the county Sheriff's office or a process server.  The purpose of service is to let the defendant know that a lawsuit has been filed against them and that they need to respond to the complaint with an "Answer."
The Answer-The "Answer" is the defendant's response to the plaintiff's Oregon personal injury complaint. Sometimes other documents are filed before the defendant files an Answer. The Answer not only responds to the plaintiff's complaint but can also contain "affirmative defenses," "cross-claims," "counterclaims" and other legally significant elements.
Discovery-After the Complaint and Answer have been filed in an Oregon personal injury lawsuit, the discovery process begins.  Discovery is the exchange of information between the plaintiff and defendant and can be in the form of depositions (sworn testimony), written requests for admissions or written requests of production of documents, to name a few.
Arbitration-Many Oregon personal injury cases are arbitrated.  Arbitration is the process where the plaintiff and defendant present their cases to a neutral third party fact finder (the "arbitrator").  After hearing the Oregon personal injury case, the arbitrator makes either a binding or a non-binding decision concerning liability and damages.  Oregon personal injury arbitrations are usual less formal and ceremonious than Oregon personal injury trials, however, professionalism demands that both parties take the process seriously and participate in good faith.
Mediation-Some Oregon personal injury cases are mediated. Mediation is the process where a neutral third party (the "mediator") attempts to help the plaintiff and defendant reach settlement through facilitated negotiation.
Trial-Sometimes Oregon personal injury cases do not settle and go to trial. Trial is a formalized presentation of facts and law. The presentation is usually presented to a jury.  Sometimes the parties agree to a "bench trial" wherein a judge acts as the fact finder and comes up with a verdict on her/his own. Oregon personal injury trials begin with the selection of a jury through what is called "voire dire." After a jury has been selected, the plaintiff and defendant give opening statements. The plaintiff then presents his "case in chief" followed by the defendants case in chief. The parties then give closing statements and the judge instructs the jury on their job. After the judge reads jury instructions to the jury, the jury is then sent into a jury room to decide the verdict.
Appeal-Sometimes Oregon personal injury cases are appealed because one or both of the parties feel that either a procedural or legal error was made at trial. The appeal process takes a long time and cases often settle while on appeal.
Settlement-Settlement can occur at any time before or throughout the lawsuit process. The decision to settle is entirely up to the parties. Many social, financial, legal and factual factors motivate parties to settle. Back to top.