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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Personal Injury for Oregon on
Q: I know you can sue for dog bites, but what about outdoor cats who are microchipped and belong to a man in your

neighborhood?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 14, 2018

You could, but unlike dogs, there is no statute as to economic damages that makes it easier to win: https://www.oregonlaws.org/ors/31.360

5 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I am hit from behind by someone with car insurance who admits it's their fault and they would pay for the damage.

When I file a claim I later found out I apparently didn't have insurance but I was suppose to have insurance, what happens. My truck is really damage and I have being have a lot of neck and back pain. At first the driver was saying she was going to pay for the damage now she is saying she is... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 12, 2018

Because you did not have insurance, you may not be able to recover for your pain and suffering. You would be able to go after them for your economic losses (medical bills, property damage), and there can be exceptions as to the pain and suffering part - namely if you were uninsured for a short time... View More

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1 Answer | Asked in Copyright, Communications Law and Entertainment / Sports for Oregon on
Q: Are we legally allowed to use names/addresses from old letters in new published works?

We purchased a stack of old letters (perhaps 70 years old), and would like to use them as the basis for a book/podcast/video series/photo gallery.

Is there any reason we couldn't use or sell works that contain the names/addresses/content/etc. or photos of the actual items? Are we... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 6, 2018

This should not be an issue as to copyright, as addresses would not in this format likely be copyright-able.

Could be an issue as to personality rights though.

1 Answer | Asked in Arbitration / Mediation Law and Personal Injury for Oregon on
Q: Under Mandatory Dispute Resolution ORS 31.250(6) When award of punitive damages against health practitioners prohibited,

when I am requesting non-economic damages, do I have to cite the subheadings all the way to the category of their profession? Or will ORS 31.250 do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 2, 2018

If you are requesting punitive damages, you really need to have an attorney as this is a complex process.

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: In Oregon, is a previous landlord legally allowed to tell a future potential landlord negative things about a tenant?

My landlord emailed this to the potential future management company that requested the previous landlord to fill out a referral form:

We are not going to complete your form. After consultation with our attorney, we have decided to provide the following statement:

"It is our... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 26, 2018

I'm not seeing where they say anything negative, they just keep it to simple facts, and there is no way to force them to fill out someone else's form.

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1 Answer | Asked in Employment Law for Oregon on
Q: I have signed offer letter stating position and payrate, but was demoted 5 mths later b/c not “approved”

I was given offer letter stating leadership position at leadership payrate. I signed offer letter.

I was then given leadership training, have leadership access, and have been operating in a leadership role alongside one other leader in our market.

Fast forward 5 months to today,... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 22, 2018

Yes, they can, or at least most likely. Employment is at will, meaning they can change any conditions of employment as well with prior notice. That would include your position. The exception would be if you have an actual contract saying you are to work a specific job and only that position. The... View More

1 Answer | Asked in Employment Law for Oregon on
Q: my former employer laid me off and will not return tools or a final paycheck to me because he clams i owe him for repair
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 18, 2018

He cannot hold your tools or paycheck, or at least most likely, and would be subject to penalty wages for withholding the check. I would contact an employment law attorney in your area to discuss your options. Most have a free initial consultation, and many take cases like this on a contingency.... View More

1 Answer | Asked in Copyright for Oregon on
Q: Hi there, Can I use the title of a poem for a company name? The Poem is from a published book.

And the name is not in the trademark database that I can tell.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 11, 2018

It is really impossible for any attorney to provide a comprehensive response without knowing what the name is. The state will literally let you register just about any name if no one else is using it. Trademark though is much harder to provide an answer, though if your search via TESS found... View More

1 Answer | Asked in Employment Law for Oregon on
Q: My sister was fired from a job that she worked at for 12 years with no reason at all. Is this legal
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 11, 2018

Yes, this is legal, an employer is not required to inform an employee as to why they were fired, regardless of how long they have been an employee. But, she should make sure she receives her final paycheck no later than the end of the next business day. If she does/did not, she can get potentially... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: My daughter was just given her the wrong vaccination after discussion of the correct vaccination. How?!
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 10, 2018

This would be what we call medical malpractice, and it happens because we are humans and prone to errors. Hopefully she did not have any bad reactions. If she did, then you would have a good medical malpractice case. If she was not harmed, there is still a small case, but not worth much (I settled... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Does a change in property management give me a way out of my lease without early termination penalty?

I am a tenant and after 3.5 years living in the same apartment received notice that the property management company that I signed a lease with has decided to no longer manage the property where I live. There notice states that a new management company will be taking over the management of the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 9, 2018

No, your lease is with the owner, just managed by the property manager.

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1 Answer | Asked in Employment Law for Oregon on
Q: i was fired for not having the availability to cover someone else shift. then physically assaulted. do i have a case?

wasn't able to cover a shift then was physically assaulted by the manger then fired. She then was fired a few days later for the assault after multiple witness reports were filed.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 9, 2018

For not being able to cover the shift, there is no protection (note the law is changing on that, but it does not apply to all employers). For the assault, you may have a case against the manager and the employer for that, potentially even a wrongful discharge if you were fired for reporting the... View More

3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: How do I prove that someone who hit me with their car when I was a pedestrian owed me a legal duty and was negligent?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 9, 2018

Generally speaking all drivers owe a legal duty not to hit pedestrians. To prove the then breach, you convince the jury or arbitrator that they breached this duty and that you were not at fault. If you were in a crosswalk or walking on the side of the road, that tends to be easy. If you were... View More

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1 Answer | Asked in Employment Law for Oregon on
Q: I have been terminated from my job for not coming in when called on my day off, can they do that?

It was not for "no cause", I was told by my immediate supervisor it was because when called in on my day off, I declined to come in., Then when I talked to the owner he said it was for a different reason that was provable as false (not completing my work on time, 4 people backed up that I... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 23, 2017

Oregon is at will, meaning they do not need cause to fire you. They literally could fire you because you wore a blue hat to work. Now, once the Predictable Scheduling Law takes effect next year, then they would not be able to fire you for something like this, assuming the employer is subject to the... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Where can I sue Amazon Retail, LLC for failure to pay wages in small claims court and for how much after termination?

I was terminated by Amazon Retail LLC on 12-14-17. Pursuant to ORS 652.140(1), they should have paid me all wages in a paycheck by the end of the business day the next day, that would be 12-15-17, today. They have not done so, even after I made a good faith effort to collect on the telephone. They... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 15, 2017

You can file in small claims court, but it is not 8 times what they owe you. It is 8 hours of pay per day they are late. So, you get 8 hours of pay starting tomorrow.

I would actually suggest waiting until you get your final paycheck (Amazon will probably due it in a few days), that way you...
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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What are my rights under the circumstances of holding rent for landlord not fixing problems mold and roof have caved in
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 15, 2017

This information from the bar should help guide you: https://www.osbar.org/public/legalinfo/1256_GettingRepairsMade.htm

1 Answer | Asked in Personal Injury for Oregon on
Q: What is the best way to prove that a property owner was aware of a hazard that caused me as a guest to get injured on

his property?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 11, 2017

Prior incidents, or witnesses that were told by the landowner of the condition.

1 Answer | Asked in Employment Law for Oregon on
Q: Performance issue and voluntary demotion offer, which was later denied. Do I have any legal recourse?

Placed on a performance improvement plan (PIP) last year and passed it. Agreed to seek further training at my expense and did, although allowed to attend class on company time.

One month after class began, I was offered a severance package or a voluntary demotion. Offer not in writing.... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 7, 2017

Unfortunately, it dos not sound like it. If the issues were related to you being in a protected class, that would be a different story, but you make no mention of the issues being related to that.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Oregon on
Q: Does a landlord have to give notice before coming onto your property for instance fenced in yard or private area
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 6, 2017

Usually yes, but if your lease has some sort of landscape maintenance provision that allows them to for that purpose, then they would not if that is why they are there.

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: If I was awarded a 150,000 settlement to which I was 25% at fault and have 25% attorney fees. What is the payable amount

No other costs incurred, state of Oregon

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 2, 2017

Hard to say, as you may have your terminology confused. If you settled for $150k, then you settled for that amount which reflects any discount (or should). If you got a jury verdict for $150k, with a 25% reduction then the award is $112,500, and your attorney would take 25% of that, which is... View More

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