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Oregon Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Oregon on
Q: If a neihbor on our HOA property rides a bike with no helmet and gets injured can the HOA and/or we be sued?

My house is part of a condo HOA and sometimes the kids from the neighboring apartments come over to play with my kids. They will often ride their bikes around the parking lot. But my wife and I are concerned because they do not have helmets. So if they are riding their bikes on the HOA property... Read more »

Joanne Reisman
Joanne Reisman answered on Sep 17, 2019

Premises liability is very complicated. The best thing you can to is to make sure you have good home owner's insurance and high policy limits. Oregon law requires children to wear helmets but it is really up to the parents to enforce this. You are not liable for what children do or the parents... Read more »

Q: If a therapy practice as a whole will not accept registered sex offenders as clients. Do they need to make this known?

If a therapy practice has a policy that they do not see registered sex offenders as clients,

Should this information be made available to you, on their website, or as a screening question?

It wasn't made available to a friend of mine and he started therapy and was seen for 9... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

I'm unaware of it. The practice should have asked. He can file a complaint with the licensing board but I dont see anything. However he should contact a member of the State of Washington Trial Lawyers Assn/Assn for Justice--they give free consults.

3 Answers | Asked in Personal Injury for Oregon on
Q: I am trying to find a lawyer who will help me with my personal injury case on an hourly basis. Any suggestions?
Joanne Reisman
Joanne Reisman answered on Jul 17, 2019

You can certainly contract with any Personal Injury Lawyer on a hourly basis but why would you? It is usually to your advantage to work on a contingency basis. An hourly basis would mean paying the Attorney up front from your own funds to cover their fees and they can drop your case if the money... Read more »

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Oregon on
Q: How can I remove a PIP claim from someone not written on my auto insurance policy?

My mother in law filed a PIP claim against my auto insurance, for an accident I had no involvement in from 11/16. It's is a last ditch effort by her lawyer to get money. She is not written on my policy but did live with us at the time. GEICO has left it in limbo for months and it looks like my... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 11, 2019

You can't, and honestly its not a last ditch effort, its what the law is, she is covered if she lived with you. https://www.oregonlaws.org/ors/742.520

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1 Answer | Asked in Personal Injury for Oregon on
Q: can you more clearly define reckless endangerment?
Joanne Reisman
Joanne Reisman answered on Jun 18, 2019

I don't see how this is a personal injury question. It sounds like you are asking about a criminal charge. Try re-posting this as a criminal law question. To be liable in a personal injury lawsuit the defendant only needs to be found to be negligent in their conduct which caused the injury.

4 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: My uncle ,my two boys and I were in a accident last month I wasn't at fault I don't have LIC. Or insu. What can I do?

My uncle was hurt badly, it was Sprint carriers Corp. Semi truck with trailer hit head on

Joanne Reisman
Joanne Reisman answered on Jun 7, 2019

Your uncles should get a personal injury Attorney. Since you say you weren't at fault your uncle's Attorney will likely look to the other driver and their insurance for damages. Similarly an Attorney can represent your two boys against the other driver and their insurance.

As for you,...
Read more »

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1 Answer | Asked in Personal Injury, Civil Rights, Juvenile Law and Libel & Slander for Oregon on
Q: My 18 year old daughter pierced my 12 year old daughters' nose. She is not licensed or in school. What can I do?

She picked her up from a friend's house and hid her from me, and has been instrumental in the kidnapping and coercion of her, which the nose piercing is evidence of.

Gary Kollin
Gary Kollin answered on May 31, 2019

Press charges and maybe she can go to jail

1 Answer | Asked in Personal Injury for Oregon on
Q: My wife was injured by a hyper tough orbitor sander to her hand and arm,and we need to know what her legal rights are

We cant seem to locate any information on who or how to contact the company on this as well

Tim Akpinar
Tim Akpinar answered on May 29, 2019

I hope your wife is recovering from her injuries. You're asking about her rights. That could depend on additional details. Was the orbital sander defective in any way. From a product liability standpoint, that means: was it defectively manufactured, designed, or did it fail to provide adequate... Read more »

3 Answers | Asked in Personal Injury for Oregon on
Q: I was electrocuted In Goodwill

I was testing an electric blower and the employee from the store handed me a bad extension cord that was missing the ground yea and I was electrocuted.

Joanne Reisman
Joanne Reisman answered on May 26, 2019

Electrocuted? Then you are dead now if that's what you mean. Probably you got an electric shock. Unless this caused a medical problem where you ended up needing medical treatment this isn't going to be the type of case that most Attorneys could find a way to take economically. So if you did get... Read more »

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1 Answer | Asked in Personal Injury for Oregon on
Q: need to know if I need to file a adp report even though haven't been served papers to the ins co yet?
Joanne Reisman
Joanne Reisman answered on Apr 2, 2019

I don't know what ADP stands for. It's not common lingo for Oregon PI Attorneys. I also don't know what you mean by serving papers on the insurance company? You don't serve papers on an insurance company unless you are suing them for something. Normally you serve the person who caused your... Read more »

3 Answers | Asked in Personal Injury, Civil Litigation and Small Claims for Oregon on
Q: Can I sue my ex for my bill to college if she caused my homelessness by breaking up with me during my unemployment?

We were both living with her friends from work and we got in a fight one day going to work/school and during her day at work she broke up with me and I was immediately rendered homeless. This caused me to have to move to another state and be unable to go to the college. It was past the time limits... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 29, 2019

No.

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1 Answer | Asked in Personal Injury, Elder Law, Landlord - Tenant and Libel & Slander for Oregon on
Q: I need an attorney.

I have been accused of violating my lease. They say they have me on camera. I have a signed statement from the man who actually committed the offense. I am 80 and in a wheelchair. I cannot take this harassment anymore. It is adversely affecting my health. I have been in Home Forward for 24... Read more »

Gregory L Abbott
Gregory L Abbott answered on Mar 8, 2019

It is unclear whether this is still in an informal state of resolution or if you are being sued in court. Either way, you likely do indeed need the aid of a landlord-tenant attorney. Simply make an appointment to review everything with a local one and see where you go from there.

1 Answer | Asked in Employment Law and Personal Injury for Oregon on
Q: In Oregon, if you hire someone to cut down a very large tree in your yard and he gets hurt, can he sue you? tks Gary
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 5, 2019

Depends, are they a licensed contractor? If they are, then you should be good. If you hired someone else, well, you were not supposed to and you may be on the hook. File a claim with your homeowner's policy and see if they can sort it out.

1 Answer | Asked in Personal Injury for Oregon on
Q: i want to sue assante physcian partner !!

my mom 101 was prescribed nitrofurtion , a macrbid drug .not for the elderly with pre existing conditions that when givin that drug can lead to serious problems .now my moms back in hospitol over that drug and ignorant dr.

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

I don't see a malpractice case nor do I see one any attorney would take. If you want contact a member of the Oregon Assn for Justice that handles malpractice. Do avoid discussing this on social media as your mom may have problems seeing a doctor if your family gets a reputaiton of "looking for a... Read more »

1 Answer | Asked in Personal Injury for Oregon on
Q: I had a judgment against me and a garnishment was enforced over a 3200 er bill that was a work comp injury Is this lega

Sorry for the abrupt question only had 120 character. Injury happened in dec 2015 and all of the appropriate paperwork that providence gave me was filled out and returned to my employer the very next day as they had set up a appointment with a hand specialist. That bill apparently got paid and I... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 13, 2019

This is why you should have hired an attorney back when you received the notice of the small claims case. You may be able to have the judgment set aside, but seek out a consumer protection attorney (not me) ASAP. Not next week, NOW. Use Google and search to find one. Time is of the essence, and was... Read more »

3 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: A person was bit by our dog on our property while we were out of town. The person was permitted to be on the property.

There were no witnesses to the event and the injury required many stitches but not severe. Dog owners are cooperating and are willing to help financially but with in reason. Dog has never bitten or shown signs of aggression. Many strangers visit property daily. Victim has a history of seeking... Read more »

Michael Bersani
Michael Bersani answered on Jan 4, 2019

If this happened in Oregon, it is important that you ask your question ONLY to an Oregon personal injury lawyer. You should not accept any answer from a lawyer who is not a licensed Oregon lawyer. Reason: dog bite laws are very different in each State. I know the answer to your question for New... Read more »

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1 Answer | Asked in Personal Injury for Oregon on
Q: What situations require a landowner to keep their property safe? I'm a hunter so I had permission to be on the property

but got injured due to holes in the ground that weren't covered.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 18, 2018

You likely are barred by recreational immunity: https://www.oregonlaws.org/ors/105.682

If seriously injured, consult with a personal injury attorney to confirm.

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Oregon on
Q: How do recreational statutes work? If I'm injured in a state park, does that shield the state from all liability to pay

my medical bills?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Dec 4, 2018

Depends on how you were injured, as in whose fault was it. Be careful, you have to send a tort claim notice within 180 days of the injury though.

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: Does the fact that I was driving without a license mean an at-fault drive can't be held liable to pay for my injuries?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 19, 2018

Not exactly. There is a law that if you were driving without insurance you cannot recover what are called non-economic damages, such as pain and suffering. And if you did not have a license, you may not have had insurance either.

But, even if that is the case, you can still get economic...
Read more »

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1 Answer | Asked in Personal Injury for Oregon on
Q: I got food poisoning at a required work dinner and so did a bunch of other coworkers. Do I sue my employer or the

catering company that made the food?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 5, 2018

You can't sue your employer, as you can only file a worker's compensation claim as to your employer. You can go after the caterer, though you do have to prove they were the ones responsible.

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