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Oregon Civil Litigation Questions & Answers
Q: Can I sue for negligence for a burn injury from faulty oven mitts in jail?
I had my probation revoked and served 45 days in jail, during which I worked as a baker in the kitchen. I burned my hand due to the oven mitts provided having large holes, which was a known danger among the staff, including the kitchen manager, who failed to replace them. Although my burn... View More 
Jina Ly Clark
answered on Jun 30, 2025
answered on Jun 30, 2025
The rules of civil procedure for those who are incarcerated present additional hurdles:
To preserve your state law claims in Oregon, proper tort claim notice must be received within 180 days. Then you have a two-year statute of limitations.
You must also exhaust all... View More
Q: Neighbor dropped a mattress on child causing injuries, unsure of next steps.
My 4-year-old child was playing outside when our upstairs neighbors accidentally dropped a full-size mattress on her. She has hurt her hand, arm, and head, and I am taking her to the emergency room. This has never happened before, and my boyfriend talked to the neighbors, who said they were leaving... View More
Mason Rashtian
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answered on Jun 30, 2025
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answered on Jun 30, 2025
Your upstairs neighbor was negligent because they were careless in dropping a mattress without making sure the area was clear. If your neighbor owns the apartment upstairs, then their homeowner's insurance should cover your daughter's injuries, including medical bills and pain and... View More
Q: Neighbor dropped a mattress on child causing injuries, unsure of next steps.
My 4-year-old child was playing outside when our upstairs neighbors accidentally dropped a full-size mattress on her. She has hurt her hand, arm, and head, and I am taking her to the emergency room. This has never happened before, and my boyfriend talked to the neighbors, who said they were leaving... View More
Jina Ly Clark
answered on Jun 29, 2025
answered on Jun 29, 2025
It is only a police matter if you believe the neighbor intentionally dropped a mattress on your daughter. Otherwise, it is a civil matter. See if your neighbor has renter's insurance. If so, their insurance will cover. Your daughter is entitled to her medical bills being paid and some money... View More
Q: What are my rights to keep my puppy after breaking up with my partner?
My ex-partner and I got two puppies together. We agreed that if anything were to happen between us, I would keep my puppy. I handled all the grooming and vet visits for both puppies. When we broke up, I took my puppy, and the police were present. Now, my ex-partner demands that I either pay him... View More
Jina Ly Clark
answered on Jun 21, 2025
answered on Jun 21, 2025
If you have documentation in writing, even if it is via text, that you would get the puppy in the event of a breakup, then you have a good argument that the puppy is yours.
Options:
* You could forward the text messages showing there was an agreement you would keep your puppy to... View More
Q: Threatened on Facebook; seeking civil suit for emotional distress and lifestyle changes. Can I win, and sue for $10,000?
A woman threatened me in person, and later did so on Facebook with messages implying harm ("help me find out who this person is so I can get rid of him... I make them disappear"). Since receiving these threats, I've stopped skateboarding daily, which I used to enjoy, and have... View More
Jina Ly Clark
answered on May 18, 2025
answered on May 18, 2025
If this person has threatened you more than one time, it is possible you may qualify for a stalking order.
https://www.courts.oregon.gov/forms/Documents/Stalking-PACKET.pdf
You could also file a civil lawsuit for intentional infliction of emotional distress. If you send a demand... View More
Q: How to reverse unauthorized house sale by power of attorney sister?
My grandma, who lives in Arkansas, has her sister as her power of attorney. During COVID in 2020, her sister sold my grandma's house in Oregon without her permission or knowledge. The sale was made to the sister's son for their personal gain. My grandma, who is still alive, did not want... View More
Theressa Hollis
answered on May 16, 2025
answered on May 16, 2025
If the house sale happened five years ago it's unlikely you will be able to undo it. However, your grandmother could 1) revoke her Power of Attorney to her sister (be sure she informs sister of the revocation), 2) ask for Adult Protective Services to start an investigation into possible elder... View More
Q: Attorney delay in providing settlement check without signed agreement.
I agreed to settle my case because my attorney assured me that I would receive the settlement check within an hour of my agreement. However, a month has passed, and I still haven't received the check or signed any settlement agreement. My attorney has not given a clear explanation for the... View More
TeAnna Rice
answered on May 1, 2025
answered on May 1, 2025
I find it highly unlikely that an attorney would promise you payment within one hour, unless the attorney already had the money, cleared and in the appropriate bank account when telling you that. If that was the case, that means there was already an agreement to settle and your attorney was waiting... View More
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Civil Rights, Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law
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Q: What legal actions can I take after being arrested for disorderly conduct without cause and facing mistreatment by police and during jail processing?
While dealing with car issues on the side of the road, I was approached by a police officer who insisted I provide identification, even after I explained my situation and requested him to move his vehicle. When I declined, stating I hadn't committed a crime, he arrested me for disorderly... View More
Brad Holbrook
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answered on Apr 26, 2025
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answered on Apr 26, 2025
I am very sorry that you were forced to endure this event. There may be facts to this event that would change my answer, and if you want to pursue any legal action, you will need to discuss this with an attorney, as you know this is intended to give you a broad idea of what your issue(s) involves.... View More
Q: How to inform courts of improper service in Circuit Court tort matter in Oregon?
I am the respondent in a tort matter that began as a small claims case, which I successfully transferred to Circuit Court after requesting a jury trial. The petitioner was given 20 days to file a formal complaint. While she did file the complaint within the given time, she failed to serve me... View More
TeAnna Rice
answered on Apr 18, 2025
answered on Apr 18, 2025
It's not the Court's job to address service issues - it's your job to bring it to the Court to be ruled on.
If you file a motion, file your motion as a Motion to Dismiss (not the other titles stated below), and then argue for lack of service. However, service requirements are... View More
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Agricultural Law, Civil Litigation, Real Estate Law and Personal Injury
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Oregon
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Q: What rights do I have to stop my neighbor's irrigation from damaging my property?
I live in Eastern Oregon on a small acreage outside of city limits with irrigation water rights. Since last fall, my neighbor, who owns a 40-acre parcel and usually grows alfalfa, has adjusted his wheel line to water several feet over onto my property, damaging the back of my shop, my fence,... View More
Jina Ly Clark
answered on Apr 15, 2025
answered on Apr 15, 2025
It sounds like you have a case of trespassing water on your land. You will need to get estimates of what it costs to fix the problem and to prevent further damage. You may need injunctive relief if there is no way a contractor can remedy the situation. Also you will need your contractor to serve... View More
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
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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
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
answered on Feb 15, 2025
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
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
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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
Q: What steps to take? Friend using vehicle &won't return, demands money for unauthorized repairs. I am 71 & in wheelchair
Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.
Theressa Hollis
answered on Sep 30, 2024
answered on Sep 30, 2024
If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More
Q: What does a person do when you suspect a trustee is actually fabricating attorney invoices, and fake checks.
I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More
Theressa Hollis
answered on Apr 23, 2024
answered on Apr 23, 2024
You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More
Q: What time frame can I give someone to remove all of their belongings from my home, storage, and truck?
Someone who has not lived with me for over a year but was allowed to store their stuff at my storage unit and home and allowed to use my vehicle. Will not give me back any of my keys due to the fact that their stuff is still at the two places and is also in my vehicle. How long can I give them to... View More
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James L. Arrasmith
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answered on Apr 10, 2024
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answered on Apr 10, 2024
In the state of Oregon, the specific time frame for someone to remove their belongings from your property may depend on the nature of your relationship and any prior agreements. However, here are some general guidelines:
1. Provide written notice: Give the person a written notice requesting... View More
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Personal Injury, Civil Litigation, Civil Rights and Health Care Law
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Oregon
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Q: State hospital said my son was on life support and had to come down and make arrangements and say goodbye to him wasn't.
Him. Hospital escorted me and family out of there a d to the parking lot with a sorry. My family and I are have struggled since. What came we do I feel violated and scared I cry and any thought of a child hurt I burst into tears
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James L. Arrasmith
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answered on Mar 15, 2024
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answered on Mar 15, 2024
This is a deeply traumatic experience, and it's understandable that you feel violated and scared. First, consider speaking with a counselor or therapist who can provide emotional support and help you and your family navigate through this difficult time. Coping with such a severe mistake can... View More
Q: Can someone trespassing on your property record you even when you have told them they may not?
The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More
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James L. Arrasmith
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answered on Feb 24, 2024
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answered on Feb 24, 2024
In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More
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Personal Injury, Civil Litigation, Civil Rights and Constitutional Law
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Q: I'm in a Oxford house in Portland, Oregon and I feel harassed, attacked verbally and slandered by this transgender.
This woman's house was supposed to be a safe place yet icant stay here with the daily verbal assults. Can I sue the Oxford house for discrimination and any other thing you could think of as iam leaving with no where to go because I don't feel mentally stable. I can't take this abuse... View More
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James L. Arrasmith
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answered on Jan 8, 2024
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answered on Jan 8, 2024
In Oregon, if you're experiencing harassment, verbal attacks, and slander at an Oxford House, you may have legal grounds to take action. First, it's important to document all instances of such behavior. Keep a record of dates, times, and details of these incidents as this documentation... View More
Q: If i have my stuff at someone's house but someone else there throws it all away/damages it can i sue them?
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James L. Arrasmith
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answered on Jan 6, 2024
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answered on Jan 6, 2024
If your belongings were thrown away or damaged by someone else while at another person's house, you may have grounds to sue for damages. The key factor in such a case is proving that the person who disposed of or damaged your property did so intentionally or negligently, and that their actions... View More
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