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Oregon Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Is it mandatory to provide and maintain "as-is" appliances in a Gresham, OR triplex?

I own a triplex in Gresham, OR, with two tenants. One tenant, currently on a month-to-month lease, will be signing a new lease with a roommate. We've agreed on the rent and security deposit, but I want to specify that the washer, dryer, dishwasher, and blinds are provided "as-is" due... View More

Gregory L Abbott
Gregory L Abbott
answered on Mar 7, 2025

The general rule is that a landlord has no obligation to provide appliances to a tenant. But if they do, they are obligated to maintain the appliances throughout the term of the rental agreement. Presumably a dwelling rents for more with appliances than without so part of a tenant's rent is... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Banking for Oregon on
Q: What kind of lawyer do I need? Me vs. defendant

engaged in a pattern of deceptive practices, including misrepresentation of terms, mishandling of payments, and wrongful fees that culminated in significant financial harm and distress.

• Claims Against Defendant:

• Breach of Contract: Specific breaches include:

•... View More

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2025

An Oregon attorney could advise best, but your question remains open for a month. You outline a long list of grievances, but it looks like they share a common thread of being related to individual consumer lending practices. Therefore, your question of what kind of lawyer you need could cover the... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Considering legal action after misdiagnosis: is it too late?

In August 2022, I had my gallbladder removed after being sent by a GI specialist, who performed an endoscopy and attributed my symptoms to anxiety. Despite the procedure, my abdominal pain persisted, and no imaging tests like a CT scan were done. In September 2022, I was diagnosed with stage 3B... View More

Brad  Holbrook
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answered on Feb 19, 2025

Time limitations are based on the concept that we don't want old, stale cases coming in court. We have to turn the page, so to speak. Ordinarily in negligence cases involving bodily injury the statute of limitations is two (2) years. So, given that time line, you were diagnosed with cancer in... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Considering legal action after misdiagnosis: is it too late?

In August 2022, I had my gallbladder removed after being sent by a GI specialist, who performed an endoscopy and attributed my symptoms to anxiety. Despite the procedure, my abdominal pain persisted, and no imaging tests like a CT scan were done. In September 2022, I was diagnosed with stage 3B... View More

Todd Joseph Huegli
PREMIUM
Todd Joseph Huegli pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2025

In Oregon, medical malpractice claims typically must be filed within two years of the alleged negligent act or from the date you discovered—or reasonably should have discovered—the injury, though there’s an ultimate repose period of five years for medical malpractice cases. Since your... View More

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4 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: Steps to pursue compensation after my son was bitten by a pitbull?

My son was bitten by a pitbull. The incident was reported to the authorities, and he received immediate medical treatment. We also know the owner of the pitbull and where the dog resides. What steps do I need to take to pursue compensation in this situation?

Brad  Holbrook
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answered on Feb 15, 2025

What steps should you take after a dog bites your son? I am going to assume that your son is a minor. If your son is over 18, then he would represent himself. You need to contact an attorney who specializes in dog bite cases. This is the short answer. You should not try to represent yourself in a... View More

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4 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: Steps to pursue compensation after my son was bitten by a pitbull?

My son was bitten by a pitbull. The incident was reported to the authorities, and he received immediate medical treatment. We also know the owner of the pitbull and where the dog resides. What steps do I need to take to pursue compensation in this situation?

Jina Ly Clark
Jina Ly Clark
answered on Feb 15, 2025

More information is needed to establish if there is liability. If the dog was off leash there is liability in most counties. See if you can find out from animal control if the dog has attacked anyone before. If the dog previously attacked someone there would be liability in all counties.... View More

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2 Answers | Asked in Family Law, Probate, Civil Litigation and Personal Injury for Oregon on
Q: How to file for non-responsibility for husband's death in Oregon without access to documents?

I am seeking guidance on how to file for non-responsibility concerning my husband's interstate death. We were married for 32 years but lived apart when he passed away on January 28th of this year. His roommate has denied me access to his paperwork, personal property, and vehicles. She has also... View More

Brad  Holbrook
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answered on Feb 15, 2025

32 years is a long marraige, and I am sorry for your loss; and I know that being apart does not it easier. If you are still legally married, and you are the spouse, there is a lot you can do to move forward. In Oregon, you can file a Small Estate Affidavit and be given the necessary authority to... View More

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2 Answers | Asked in Family Law, Probate, Civil Litigation and Personal Injury for Oregon on
Q: How to file for non-responsibility for husband's death in Oregon without access to documents?

I am seeking guidance on how to file for non-responsibility concerning my husband's interstate death. We were married for 32 years but lived apart when he passed away on January 28th of this year. His roommate has denied me access to his paperwork, personal property, and vehicles. She has also... View More

Theressa Hollis
Theressa Hollis
answered on Feb 15, 2025

There is nothing in Oregon called “non-responsibility.” If your husband died with no Will his estate is controlled by Oregon Intestate Law which means that his probate assets will go to you after his bills are paid (assuming he has no children who are not yours). If you want you can choose to... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation, Contracts and Personal Injury for Oregon on
Q: What can I do to retrieve belongings from escrowed property?

I had my vehicle and travel trailer stored on a friend's property in Dorena, Oregon, where I was paying storage fees, but I didn't have a formal written agreement. My friend has passed away, and the property is now in escrow. I wasn't given any notice to remove my belongings. I have... View More

Brad  Holbrook
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answered on Feb 14, 2025

I'm sorry for the loss of your friend. You should be able to use self-help to retrieve your vehicle and trailer if you can do so peacefully. You should find out who is currently in charge of the security of the property--if it's in probate, the personal representative. It could very well... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Oregon on
Q: Does first-year notice penalty apply after 3 years of occupancy?

I have lived in my apartment for three years under a fixed-term lease. My current lease ends at the end of this month, and I informed the property management today that I won't be renewing. The lease states that if the ending date falls within the first year of occupancy, I must provide at... View More

Gregory L Abbott
Gregory L Abbott
answered on Feb 13, 2025

It depends upon what your lease says about termination and whether you are terminating a fixed term lease or a month to month tenancy. Regardless, read your lease. The norm, however, is to require at least 30 days written notice (written means written - NOT email, text, verbal, etc.) and you would... View More

2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Are outfits trademarked?

I recently created a sewing pattern for an outfit that fits a certain doll. The outfit is inspired by a Barbie outfit by Mattel. Someone reached out to me, warning that the outfit could be trademarked and I could be sued by Mattel. Is this true?

Dominique Young
Dominique Young
answered on Feb 13, 2025

Very rarely are clothing designs registered for a trademark or copyright. If the dress image is associated with the business, then it may be registered as a trademark for that business. Trademark registrations are available for images, characters, sound bites, and even certain Pantone colors that... View More

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1 Answer | Asked in Probate for Oregon on
Q: In Oregon my little bros passed away a year apart they both paid cash for a manufactured home and 1 one that passed had

A daughter but no spouse or parents. The second one died a year later. No will no spouse no kid. On the title it stated right if survivorship yes joint tenants. I filed and was appointed PR. My question is is my niece entitled to part of man home with ORS 112.045 by representation or am I sole... View More

Theressa Hollis
Theressa Hollis
answered on Feb 11, 2025

If you have been appointed as Personal Representative by the probate Court you should have an attorney representing you. I do not recommend trying to handle a probate on your own.

The estate of your second brother to die will control the manufactured home. If he died with no Will then...
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1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: If my last doctor lied on the visit notes can I sue him if I have all the proof of corresponding between us

I have records and proof and my husband as a witness to all my appointments

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2025

An Oregon attorney could advise best, but your question remains open for two weeks. It's possible you could, depending on the nature of the incorrect information and the intent or malice with which it was entered. It could depend on the significance of the error/lie, whether you were... View More

3 Answers | Asked in Bankruptcy and Foreclosure for Oregon on
Q: After I filed chapter 13 to stop my pending foreclosure sale the lender postponed the sale. Shouldn't it be cancelled?
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2025

Typically, lenders postpone sales, often repeatedly, while someone in in bankruptcy. That way, if the case is dismissed, or if the Court grants them relief from stay to proceed with the foreclosure, they don't have to start the process over again. The best way to prevent the lender from taking... View More

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1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can my landlord charge me a lease break fee after I provided a 30 day notice because I vacated a few days early?

My 12 month lease ended on 12/19 with that months rent being already paid. I provided a 30 day notice on 11/19. I vacated on 12/16 and so I’ve been charged an additional lease break fee and the remaining rent due from between the 17th and the 19th. I had provided a 30 day notice and mentioned... View More

Gregory L Abbott
Gregory L Abbott
answered on Jan 27, 2025

If your lease terminated 12\19, and you gave written notice you would be out then, you owed rent through 12\19 (assuming your lease doesn't have different termination requirements - check it). But you don't owe any lease break fee and he still owed you a written accounting for your... View More

1 Answer | Asked in Elder Law and Health Care Law for Oregon on
Q: Mom is 96 years old and has dementia. In 2018 or 2019 she had a heart attack.

She has a directive stating do not revive. This failed to happen. Quality of life has been very bad since then. The memory care facility she was living in failed to include the directive when she went to the emergency room.

Question, do we have a case?

Theressa Hollis
Theressa Hollis
answered on Jan 24, 2025

In my opinion it is unlikely that you would have a legal case against either the care facility or the hospital. But to be sure you should consult with a personal injury attorney.

Be sure that the care facility has a copy of your mother's Advance Directive on file, give a copy to her...
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1 Answer | Asked in Probate and Estate Planning for Oregon on
Q: Are wills able to be seen years latter. By family member.

I think my aunt, was not honest. of my dads estate

Theressa Hollis
Theressa Hollis
answered on Jan 24, 2025

If a probate was filed for your Dad's estate it is possible to retrieve a copy of his Will from the probate Court. If not, then you may be able to obtain a copy from the attorney who drafted the Will and/or the attorney who represented your Aunt.

1 Answer | Asked in Car Accidents for Oregon on
Q: I was in a car accident, the other driver rear ended me and was deemed at-fault by the insurance company.

I’m nearing the statute of limitations and I’m having trouble settling with the insurance company because the chiropractor that I treated with for my injuries never sent in the billings or any medical records to the insurance company. So if I am going to file a lawsuit, do I sue the driver, the... View More

Jina Ly Clark
Jina Ly Clark
answered on Jan 22, 2025

Given that you have so many questions, I would obtain counsel as soon as possible to get a lawsuit filed and preserve your statute of limitations. Even a new member of the Oregon State bar would have difficulty filing a lawsuit and continuing down the litigation process without some mentorship.... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Oregon on
Q: Could someone please explain the process of obtaining a patent, and how I can find patent lawyers that fit my product?
Gregory Donald Carson
Gregory Donald Carson
answered on Jan 22, 2025

The Process of Obtaining a Patent

1. Determine Patentability: Assess whether your invention is eligible for a patent. The invention must be: Novel – New and not publicly disclosed. Non-Obvious – Not an obvious improvement to someone skilled in the field. Useful – Functional and has...
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1 Answer | Asked in Probate for Oregon on
Q: My uncle probated my grandmother's estate. My dad is a named beneficiary, he died, I am executor - why was a GAL used?

The GAL emailed a brother, stating dad's 3 kids Stood in Place. The GAL emailed me Dec 28, 2024, exactly 2 years 1 day post-affidavit filing. She told me my Dad was not entitled to inherit because of para 3 of the will, which states a beneficiary must die more than 30 days after her. Itnwqs... View More

Theressa Hollis
Theressa Hollis
answered on Jan 21, 2025

I can't tell from your facts exactly how to help you. I recommend you meet with a probate attorney.

When the beneficiary of a Will dies before receiving the inheritance who receives the inheritance is usually determined by the survivorship period listed in the Will (often 30-120...
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