Oregon Personal Injury Lawyer Blog

Portland Accident Lawyer: “Hot Coffee” Documentary to Pour Facts on Tort Reform in Local Screening

Dane Johnson — Thu, 05 Apr 2012 16:27:22 +0000

Don’t miss “Hot Coffee,” an eye-opening documentary telling the real stories beyond insurance defense “tort reform” propaganda. The film will screen April 12-14, 2012, at the Hollywood Theater in Portland. Director Susan Saladoff will also be there to answer questions.

“Hot Coffee” refers to the landmark case brought by Stella Liebeck after she sustained full thickness third-degree burns over some six percent of her body when a cup of scalding McDonald’s java spilled into her lap. Many people believe that they know all that they need to know about Ms. Liebeck’s civil action, a case that a majority understand as “lady spills hot coffee at drive-thru window, blames McDonald’s, gets millions in frivolous lawsuit.” Critics of civil justice have pounced on the case, often charging that Ms. Leibeck was driving the car or that the vehicle was in motion when the coffee spilled. As the film documents, however, neither is true—and the real facts are far more disturbing.

Discovery in the Liebeck case revealed McDonald’s documents showing over 700 claims by people burned on its coffee between 1982 and 1992. McDonald’s admitted that, based on a consultant’s advice, it held its coffee at between 180 and 190 degrees Fahrenheit—over forty degrees hotter than the temperature at which a burn hazard exists with any food substance. The fast-food giant’s own research showed that such extreme heat was unnecessary, as most customers intent to consume coffee purchased immediately.

A New Mexico jury returned a verdict against McDonald’s with compensatory damages of $200,000. The jury also assessed punitive damages of $2.7 million, or about two days’ worth of McD coffee sales. The trial judge later reduced that amount to $480,000, despite calling the company’s conduct reckless, callous, and willful.

Portland Animal Attorney: Prevent Dog Bite Injuries

Dane Johnson — Fri, 09 Sep 2011 20:26:14 +0000

Oregon dog bites occur every day, but most don’t make the news. A bite injury to a Umatilla County child, however, was reported in the public safety log of the East Oregonian today. According to the report, a dog of unidentified breed bit a three-year-old Milton-Freewater boy on his right arm. Medical staff reported that the bite broke the skin. Our thoughts and prayers go out to the injured child and his family.

Among children, the rate of dog bite–related injuries is highest for those ages five to nine years, and children are more likely than adults to receive medical attention for dog bites. A child injured by a dog attack may also suffer a terrible emotional trauma along with whatever physical injuries are inflicted.

Fortunately, children can learn to reduce their chances of being hurt in dog attacks. The Centers for Disease Control and Prevention (“CDC”) suggests that to help prevent children from being bitten by dogs, parents should teach the following basic safety tips and review them regularly:

Dog Bite Prevention Tips

Consult with a professional (e.g., veterinarian, animal behaviorist, animal law attorney, or dog bite lawyer) to learn what breeds of dogs are the best fit for your household.

Be sensitive to cues that a child is fearful or apprehensive about a dog. If a child seems frightened by dogs, wait before bringing a dog into your household.

Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a household with an infant or toddler.

Spay/neuter your dog (this often reduces aggressive tendencies).

Never leave infants or young children alone with a dog.

Don’t play aggressive games with your dog (e.g., wrestling).

Properly socialize and train any dog entering your household. Teach the dog submissive behaviors (e.g., rolling over to expose the abdomen and giving up food without growling).

Immediately seek professional advice if the dog develops aggressive or undesirable behaviors.

Do not approach an unfamiliar dog.

Do not run from a dog or scream.

Remain motionless (e.g., “be still like a tree”) when approached by an unfamiliar dog.

If knocked over by a dog, roll into a ball and lie still (e.g., “be still like a log”).

Do not play with a dog unless supervised by an adult.

Immediately report stray dogs or dogs displaying unusual behavior to an adult.

Avoid direct eye contact with a dog.

Do not disturb a dog that is sleeping, eating, or caring for puppies.

Do not pet a dog without allowing it to see and sniff you first.

If bitten, immediately report the bite to an adult.

If you or a loved one have been seriously injured because a dog owner failed to take responsibility, an experienced Oregon dog bite attorney may be able to help recover compensation for medical bills and emotional trauma. contact Portland injury lawyer Dane Johnson toll free at (800) 714-3204 or online for a free confidential initial consultation.

Supermarket Slip Fall Accident: Oregon Injury Lawyer Premises Liability Evaluation

Dane Johnson — Mon, 05 Sep 2011 21:55:16 +0000

“I fell and hurt myself in a supermarket. Do I have a case?”

Our Portland personal injury law office receives many calls from prospective clients injured by falls in markets or other stores. Fall injuries can be serious, but proving liability can be challenging. Puddles, spills, and floor hazards might be caused by negligence, but It is not enough that one tripped, fell, and got hurt. The supermarket must have caused the dangerous condition.

As an Oregon accident law firm, it’s our job to evaluate whether we believe that we can help someone hurt in a fall to recover compensation. Following are some of the important slip and fall points that we look for in evaluating premises liability.

Negligence of a Supermarket or Retail Store
A grocery store will generally not be liable to a customer for injuries suffered in a slip and fall on the store premises if:

the premises where the fall occurred were not unreasonably dangerous.

the store did not have any reason to know of the hazardous condition.

the store used reasonable care to protect customers from injury.

the customer’s own negligence was the major cause of his or her injuries.

In other words, a supermarket has to keep its floors, aisles, displays, and merchandise in reasonably safe condition so that they are unlikely to injure customers. Conditions become unreasonably dangerous when they are left unattended for substantial periods of time. Examples are a spill or puddle that gets missed and left on the floor. A patch of ice that is not removed from an entryway. A carton or display extending into an aisle below eye level. If the store should have known about such conditions—or if employees created them—the store may be liable for injury.

Premises Liability Attorney Case Evaluation
The law office of Portland personal injury lawyer Dane E. Johnson represents people injured in slip, trip, and fall cases. We offer a no-cost, no-obligation attorney consultation to evaluate your potential case. Call us toll free at (800) 714-3204, or use our online attorney contact form.

Toxic Torts: Report Raises Issues of Groundwater Contamination Health Dangers from PGE’s Boardman, Oregon Coal Plant

Dane Johnson — Fri, 27 Aug 2010 22:07:17 +0000

Portland General Electric’s (“PGE”) Boardman coal plant in Morrow County, Oregon is named in a new national report issued by the Environmental Integrity Project, Earthjustice, and the Sierra Club. According to the report, a study of 39 coal-ash dump sites contaminating drinking water or surface water, “Groundwater underneath a 40-acre ash disposal area, seven industrial waste water ponds and a 1,500 acre closed-loop reservoir at the Boardman Plant has been contaminated in excess of Oregon groundwater standards, EPA Maximum Contaminant Levels (MCLs) and Secondary MCLS since 1981.”

A PGE spokesman has said that the utility will not move up the closing date for the Boardman plant from its planned 2020 shutdown. Cesia Kearns, regional representative for the Sierra Club’s Beyond Coal campaign, however, counters that “The best option for Boardman, and the least expensive, is early closure in 2015 or 2016.” The plant’s heavy mercury and nitrogen oxide emissions drove the push for an earlier closure. Now that groundwater contamination from Boardman also appears to be an environmental issue, calls for shuttering the plant soon are likely to increase substantially.

Health Effects of Toxic Groundwater Contamination
Contaminants identified in the study include arsenic and other heavy metals. Salem-News.com quoted Lyndsay Moseley, Sierra Club federal policy representative, as stating, “The health risks from exposure to this toxic waste are real and we cannot afford to ignore them any longer.” The report cites data showing that people living near unlined coal ash ponds can have a risk of cancer. over 2,000 times higher than what the U.S. Environmental Protection Agency (“EPA”) considers acceptable. Toxins found in coal ash have also been linked to organ disease, respiratory illness, neurological damage, and developmental problems.

Toxins associated in the report with the Boardman plant included selenium and vanadium. The study noted that the “Oregon Numerical Groundwater Quality Reference Level (ONGQRL) for selenium has been exceeded and vanadium has reached 2.5 times state standards in shallow groundwater 1,500 feet downgradient of the ash landfill which has a liner made of hydrated coal ash.” The report also stated that no off-site monitoring or sampling for vanadium or selenium in a nearby reservoir is occurring. Groundwater near the Boardman plant is used primarily for irrigation and livestock, but nineteen nearby wells are apparently used as private water supply.

Selenium is known to cause health problems for livestock, wildlife, and humans when ingested in higher-than-required concentrations. Human health effects of vanadium exposure may include cardiac and vascular disease, inflammation of the stomach and intestines, damage to the nervous system, and bleeding of the liver and kidneys.

Oregon’s Own “Erin Brockovich” Situation?
As a Portland personal injury lawyer, I can’t help but compare Boardman to the town of Hinkley profiled in the film Erin Brockovich. Could contamination of private well water by toxic pollution from the Boardman plant pose a similar serious threat to the health of Oregonians? Our Oregon injury law office is investigating personal injury and wrongful death claims related to illness caused by exposure to groundwater toxins or atmospheric pollutants. If you or loved ones have experienced symptoms or illness that may be related to water contamination or air pollution, please contact us toll free at (800) 714-3204 for a no-cost, no-obligation attorney consultation.

Portland Accident Attorney: Should You File a Personal Injury Protection Claim after an Oregon Auto Accident?

Dane Johnson — Tue, 10 Aug 2010 23:02:43 +0000

Personal Injury Protection (“PIP”) coverage is a mandatory part of almost every Oregon auto insurance policy. PIP is a no-fault insurance claim, which means that it does not matter who was at fault in an auto accident. Regardless of whether or not you were responsible, you can file a PIP claim.

PIP insurance covers medical expenses and lost wages for you and any passengers in your vehicle after an Oregon auto accident with injuries. PIP can pay for chiropractic care, co-pays, out-of-pocket prescription costs, or other similar costs. Typical Oregon coverage limits provide for reasonably necessary medical expenses resulting from a motor vehicle collision up to fifteen thousand dollars or one year from the date of the accident, whichever comes first. PIP also covers 70% of your lost wages up to $3,000.00 a month after a fourteen-day waiting period. Filing a claim for PIP coverage and receiving PIP benefits does not prevent a subsequent claim for personal injury arising out of the same collision.

People sometimes hesitate to file PIP claims for fear that their insurance company will raise their rates or terminate their policy. But since PIP insurance is a no-fault claim, it is illegal for insurance companies to either raise rates or terminate your coverage based on a PIP claim. The at-fault driver’s insurance company usually reimburses your insurance company for medical bills paid under your PIP coverage.

.If you have been hurt in an Oregon car accident, PIP benefits are most likely available to you. If they are denied, an Oregon personal injury attorney can help you understand whether you may have a claim against your own insurance company as well as the at-fault driver. Contact us for a free consultation.

Oregon Attorney for PIP and Auto Accident Claims
The Portland injury law office of Dane E. Johnson represents auto accident and personal injury clients. We offer a no-cost, no-obligation attorney consultation to evaluate your potential case. Call us toll free at (800) 714-3204 to speak with an injury lawyer, or use our online attorney contact form.

Oregon Accident Lawyer: Van Crash Causes Lead Singer Death, Injury to Band Members

Dane Johnson — Fri, 06 Aug 2010 00:29:28 +0000

A tragic Oregon auto accident earlier this week claimed the life of Makh Daniel, 28, lead singer of the punk/metal band Early Graves. The Medford Buzz-Examiner reported that Daniels “was fatally injured after being ejected from the rear cargo area of a van” traveling on Interstate 5 near Central Point. The band was apparently heading toward its next tour date after performing in Salem. Our thoughts and prayers go out to the band’s members and their families affected by this car crash.

The vehicle was reported as a 2003 Chevrolet extended van. According to Oregon State Police, the driver fell asleep and allowed the van to drift off the highway’s right shoulder. It’s not clear from news stories whether the van’s design contributed at all to the driver’s losing control. If it did, however, publicity brought to the safety issues in 15-passenger van designs may help warn other bands of the risks of riding in these vehicles. Musicians, sports teams, church groups, and others often use extended vans without knowing that they may be putting themselves in serious danger.

15-Passenger Van Auto Accident Risks
The 15-passenger van has been shown to be one of the most dangerous vehicles on the road for rollover accidents. National Highway Traffic Safety Administration (“NHTSA”) research has shown that 15-passenger vans have a rollover risk that increases dramatically as the number of occupants increases from fewer than five to more than ten. In fact, 15-passenger vans (with 10 or more occupants) had a rollover rate in single vehicle crashes that is nearly three times the rate of those that were lightly loaded.

Oregon Van Rollover Crash Injury Prevention
15-passenger van drivers and passengers on Oregon roads may be especially vulnerable to the risks of these vehicles’ design. NHTSA data indicate that three major situations can lead to a rollover in a 15-passenger van:

The van goes off a rural road. If this occurs, the van is likely to overturn when it strikes a ditch or embankment or when it is tripped by an object or runs onto soft soil.

The driver is fatigued or driving too fast for conditions. A tired driver can doze off and lose control. The driver can also lose control when traveling at a high speed causing the van to slide sideways off the road. The grassy or dirt medians that line highways can often cause the van to overturn when the tires dig into the dirt.

The driver overcorrects the steering as a panic reaction to an emergency or to a wheel dropping off the pavement. Especially at freeway speeds, this situation can cause the driver to lose control, resulting in the van sliding sideways and rolling over.

Oregon Auto Accident Attorney Free Consultation
After a 15-passenger van crash or other auto accident, injured parties should promptly contact an Oregon personal injury lawyer who will fight to protect legal rights and recover full compensation for injury or wrongful death. Portland accident attorney Dane Johnson provides a free consultation and offers dedicated and aggressive legal representation. Call our office toll free at (800) 714-3204 or tell us about your car accident using our online contact form.

Portland Dog Bite Lawyer: What Does an Oregon Dog Attack Case Involve?

Dane Johnson — Mon, 02 Aug 2010 19:26:35 +0000

A dog bite or attack can leave serious personal injuries or even cause wrongful death. Injuries inflicted by dogs can be both traumatic and expensive. Torn ligaments and deep muscle injuries can result in decreased sensation and dexterity. More serious attacks can cause disfigurement, requiring consultation with dermatologists, orthopedists, plastic surgeons, and other medical specialists. Any encounter with an aggressive dog may cause long- lasting psychological trauma.

When dogs bite without provocation, their owners may be liable for the harms. But Oregon dog bite laws can be a bit confusing, especially for those trying to understand them after a dog’s teeth have inflicted puncture wounds or other injuries. Dog owners as well as dog bite victims should understand the legal actions possible to prevent harm from occurring and to protect legal rights when it does.

Using Oregon Dog Law to Protect Dog Bite Victims
Some people believe—falsely—that Oregon law gives a dog “one free bite” before its owner can be held responsible for damages. The “one-bite-rule,” however, does not prevent a victim from recovering economic damages in an action arising from injury caused by a dog. “Economic damages” include medical, hospital, nursing, rehabilitative services, and other health care services, loss of income, and past and future impairment of earning capacity. A dog bite victim can recover all of these without proving that the dog bit someone previously.

If the dog bite plaintiff proves that the dog owner knew or had reason to know that the dog had dangerous propensities, then he or she can also recover “noneconomic damages.” Under ORS 31.710, these include “pain, mental suffering, emotional distress, humiliation, injury to reputation, loss of care, comfort, companionship and society, loss of consortium, inconvenience and interference with normal and usual activities apart from gainful employment.”

The “one-bite rule” is misunderstood because a dog owner’s liability for a dog bite can be either strict or based on negligence. Strict liability for a dog bite is liability for an injury that is neither intentional nor negligent. It is imposed by statute without regard to the defendant’s conduct. In other words, a defendant can take every conceivable precaution to prevent a particular kind of harm, but may still be liable if the harm occurs. Oregon law applies strict liability in dog bite cases only if the dog owner person possesses a dog that the person knows or has reason to know is abnormally dangerous. If the dog owner doesn’t know that the dog is abnormally dangerous, he or she can be liable for medical and other economic damages for negligent failure to control or confine the dog, most likely in violation of a leash law or running at-large ordinance.

An Oregon Dog Bite Attorney Can Help Recover Full Compensation
Dog owners expecting “one free bite” should know that the law does not require a large amount of proof to show that they knew or should have known of dangerous propensities. Knowledge that certain breeds are statistically more likely to be dangerous, for example, may be imputed to a dog owner.

Knowledge of a dog’s vicious propensities might also be raised even without proof that the dog had actually bitten someone by evidence that it had been known to growl, snap, or bare its teeth. An owner’s choice to keep a dog for security purposes may also imply knowledge of viciousness. So may the decision to restrain the dog, especially when the manner in which the dog is restrained indicates that the dog may endanger others if not controlled.

Our Portland law office helps Oregon dog bite victims recover fair compensation for their injuries. If a dog of any breed has harmed you or a loved one, contact the Law Office of Dane E. Johnson online or call toll free (800) 714-3204 for a free initial consultation to discuss your incident.

Portland Accident Lawyer: Using Oregon’s Basic Speed Rule to Prove Liability

Dane Johnson — Wed, 28 Jul 2010 18:40:03 +0000

Speeding killed more Oregonians than drunk driving, according to a 2008 Oregon Department of Transportation data. There’s no sign that deaths and serious injuries in auto accidents, motorcycle accidents, and pedestrian collisions caused by excessive speed have slowed in the two years since the ODOT study.

Under Oregon’s Basic Speed Rule, a person commits an offense if they drive a vehicle at a speed greater than is reasonable and prudent, having due regard to all of the following:

The traffic;
the surface and width of the highway;
the hazard at intersections;
weather; visibility; and other conditions then existing.

Oregon Basic Speed Rule Violation is Negligence Per Se
Violation of the speed rule can be helpful in proving negligence per se in a civil lawsuit against a defendant driver. The legal term “negligence per se” means negligence as a matter of law. Winning a negligence case requires a plaintiff to prove that an injury was the foreseeable result of conduct that was unreasonable under the circumstances. Under the legal doctrine of negligence per se, however, a defendant’s unexcused violation of a safety statute is simply presumed to be unreasonable.

Disobeying or violating the Oregon Basic Speed Rule by driving too fast for posted limits and conditions is considered negligence per se because the Rule effectively establishes the standards of reasonable care in the operation of a motor vehicle. A driver who is negligent as a matter of law must prove that his or her speed was reasonable under the circumstances.

Proving Liability in an Oregon Car Accident
Negligence per se is not the end of the road. It does not establish a defendant’s civil liability for a plaintiff’s personal injuries or wrongful death. The plaintiff must still prove that the driver’s conduct caused the harm, and the defendant may still prove that he or she was not negligent or that his or her violation of the rule was excusable. These complex legal questions mean that someone hurt in an Oregon car crash should not try to handle a personal injury case without a lawyer.

Consult a Portland Car Accident Lawyer
If you or loved ones have been involved in an automobile collision or motorcycle accident in Oregon, we encourage you to contact us to discuss your case. Call toll free (800) 714-3204 or reach Portland personal injury lawyer Dane Johnson online through our free attorney consultation form.

Eastern Oregon Man Cited after Head-On Collision Injures Two

Dane Johnson — Tue, 06 Jul 2010 21:37:28 +0000

A 30-year-old Jackson County police officer and his father suffered minor injuries in an Oregon car accident over the holiday weekend. According to the Mail Tribune, the car driven by officer Aaron Hull and his father Kenneth was struck nearly head on by an SUV. The SUV driver was reportedly cited for driving under the influence of intoxicants, reckless driving, four counts of reckless endangering, and second-degree criminal mischief. The Mail Tribune reported that the SUV driver was treated and released.

Civil Lawsuits Against Drivers Charged with Crimes
Prosecution for violating Oregon laws does not replace liability to victims. In addition to the criminal charges that an intoxicated driver may face, for example, he or she may incur civil penalties for any property damage or personal injury caused by driving drunk. A stiff fine or prison sentence does little to bring justice to victims and their families, who may have negligence claims against intoxicated drivers for damages. An Oregon personal injury lawyer can help bring those claims to trial in state or federal court.

Both drunk and sober drivers share the same duty of care on the road. Intoxication is not a defense to failing to act as a reasonable driver would in the same circumstances. Failure to meet the duty to act as a reasonable driver may cause serious personal injury or wrongful death. If it does, an Oregon personal injury lawyer may be able to recover compensation for victims or survivors.

Claim for Compensation
Unfortunately, the road to recovery may be even rougher for victims and families than for those who drive while under the influence. An Oregon car accident lawyer willing to stand and fight is essential in what often becomes a brawl for benefits against insurance companies whose goals are to avoid paying claims at almost any cost. If you or loved ones have been hurt by a drunk driver in a car accident in Portland, Salem, Gresham, or anywhere else in Oregon, contact us for a free attorney consultation. Call toll free (800) 714-3204 or use our online lawyer contact form.

Portland Products Liability Lawyer: Latest Drop-Side Crib Recall

Dane Johnson — Sun, 27 Jun 2010 07:31:28 +0000

The dangers of drop-side cribs have become well known. If brackets on their movable sides are defective, gaps between the mattress and the crib side can put infants and young children at risk of death by suffocation. When the drop side detaches at the bottom, a baby can fall into the resulting gap and suffocate between the mattress and the side rail. A baby can also strangle in the “V” shape formed when the top portion of the drop side detaches.

According to the U.S. Consumer Product Safety Commission (“CPSC”), drop-side hardware is prone to break, deform, or experience other problems during normal or foreseeable use. CPSC is aware of 32 infant and toddler suffocation and strangulation deaths and hundreds of incidents that were caused by or related to drop-side detachments in cribs made by various manufacturers.

The this week announced the latest drop-side crib recall. Over two million drop-side cribs from Evenflo, Delta Enterprise Corp., and five other companies were pulled from the market, bringing the total recalled to over million in the past five years.

Drop-Side Crib Safety
CPSC recommends that every time you change the sheets in your baby’s crib, you make sure there are no gaps larger than two fingers between the sides of the crib and the mattress. Make sure all visible bolts and screws are tight. With the mattress out of the crib, wiggle the crib to see how tight all the joints are. If the crib feels loose, wobbly or structurally not sound, tighten all hardware. If the crib remains wobbly after tightening, look for loose wood-to-wood joints that may be causing the problem. Stop using the crib if loose wood-to-wood joints are found. Never try to fix broken cribs with home repairs, such as duct tape.

Our Portland products liability law practice is investigating drop-side crib cases in Oregon. If your child or a child that you know has been seriously hurt or killed by a drop-side crib, we believe that you are entitled to justice. We also believe that manufacturers of defective cribs or other children’s products must be held accountable. We offer a free, confidential attorney consultation. Call us toll free at 800-714-3204, or use our online personal injury lawyer contact form.