Can You Sue Someone That Over-served a Drunk Driver?

Barbecues and parties are a Memorial Day ritual for many.  Inevitably people consume alcohol at these barbecues.  Sometimes, people get drunk and decide to drive.  Obviously this is a bad idea.  A crash is likely to occur, and the drunk driver will most likely be prosecuted and can be sued civilly for negligence and punitive damages.   However, many times that will not leave the injured party whole.   Additionally, simply suing the drunk driver does nothing to deter people from over-serving alcohol to intoxicated people.  

In Oregon the "Social Host Law" ORS 471.565 allows for injured people to recover for damages caused by intoxicated guests.  The law requires that the "social host" (think home-owner or person throwing the party)  served or provided the booze or beer to the drunk driver while the drunk was visibly intoxicated and the injured person did not contribute to the drunk's intoxication.  

The law applies to negligence and intentional acts.  Therefore, a fraternity may be liable if they over-serve a drunk college student and the drunk college student rapes a young woman.  The host of a party that gets out of hand and a drunk hits and assaults another person may be liable if the host of the party over-served the drunk prior to the assault. 

The law also expands the liability beyond simply the drunk driver.  This allows for an injured person to arguably tap into a home-owner's insurance policy or renter's insurance policy. This is important in catastrophic injury cases where the hospital bills are tens of thousands (or hundreds of thousands of dollars).   The drunk's auto insurance policy may only be $25,000.00.  That is not enough if you have $50,000.00 in medical bills.   However, the social host may have a $300,000.00 home owner's insurance policy.  This would allow the injured person to attempt to collect $325,000.00 from the responsible parties.  

The law makes sense.  Basically don't be a jerk and put people in dangerous situations.   Over-serving alcohol to visibly intoxicated people is obviously a bad idea. It can be a very bad idea if you are aware the drunk is going to get rowdy or behind the wheel.  The law recognizes this.

The Social Host law is somewhat nuanced and has some short deadlines to file a notice with the social host.  Therefore, if you feel you were injured as a result of a person that over-served you, you should consult with an Oregon personal injury attorney as soon as possible.  Failure to give the other side notice may torpedo any potential social host liability. 

If you were injured by a drunk please call Portland Oregon Attorney Jeremiah Ross.   Ross Law LLC is more than happy to provide a free consultation to people that were injured by negligent and intentional acts of drunks.  Please call Ross Law LLC at 503.224.1658 for the free personal injury consultation.  Please remember Oregon Personal Injury law is constantly changing.  Please do not rely on this post for legal advice, and consult with a lawyer to determine your rights in your personal injury case. 

Marijuana Edibles: Holding People Accountable When They Get in The Wrong Hands

Oregon's marijuana industry is exploding at an astounding rate.  The OLCC is now loosening rules relating to marijuana edibles.  These edibles often contain concentrated THC and can vary in potency.   Many of the edibles are harmless.  However, some of the more potent edibles can become harmful if they fall into the wrong hands. 

Edibles are often packaged in packaging that mirrors candy, cookies, and other sweets.  The packaging makes the treats enticing to adults, but also makes them very tempting for kids.   As the father of a two year old, I am constantly amazed at the time and effort a toddler will dedicate to discovering and consuming a cookie.

What happens when a child consumes marijuana edibles?  According to the Children's Hospital in Colorado, a child may become extremely drowsy, have difficulty breathing, and in some cases may enter a coma and need the assistance of a ventilator. The hospital notes that most children will require hospitalization if they ingested a marijuana edible. 

Who is responsible for paying the medical bills if a child is hospitalized due to consuming a marijuana edible?  The answer is not clear. Insurance may pay the medical bills, but then assert a lien over any amount that they paid, and often insurance doesn't pay the full amount.  Many people may assert it is the parents fault for not watching their children, or keeping the edibles in a place accessible to children.  However, Oregon Law has parental immunity that may protect the parents in this situation.  Other times the children may obtain the marijuana edibles at a friend's house or some other place.  If that is the case, then the person who possessed the edibles may be responsible.  In some cases the manufacturer may be responsible.  

Can the child obtain compensation for the harms and losses they suffer from eating marijuana edibles?  Maybe.  One of the issues would be how severely harmed was the child.  It is unlikely that a child who eats edibles that makes him drowsy would recover very much.  However, a child that suffers respiratory issues that reduced oxygen levels to dangerous levels may be awarded a substantial amount of money.

If you or someone you know have a child who consumed marijuana edibles and was hospitalized, please call Portland, Oregon Attorney Jeremiah Ross.  Ross Law LLC provides a free consultation for personal injury clients and is happy to discuss your child's case with you.   Please remember this is an attorney blog, that could be considered attorney advertisements.  Also, please note each case is unique and the law is constantly changing.  Do not rely solely on this blog, as it is not legal advice. For more information call 503.224.1658. 

Roads are Safer than Hospitals According to Johns Hopkins

For years we have been told that roads are dangerous and one of the leading causes of death in the United States.  A new study by Johns Hopkins just confirmed that Hospitals are more dangerous than car accidents.  The study analyzed statistics regarding the causes of death and determined that "medical errors" are the THIRD leading cause of death in America. 

"Patient Safety" appears to be entering the main-stream.  The Washington Post article highlights how these issues are just now coming to light.   For years people were told and believed that Doctors rarely make mistakes, and when they do Doctors often receive a "pass" because of all of the people they help.   Hospital Administrators and Insurance Companies appear to be losing ground on the public relations front, and people are waking up. 

The article mentions many of the complexities that must be resolved before we discover how large this problem truly is.  One of those issues are secret "medical review boards." Here in Oregon, many hospitals have medical review boards that analyze medical mistakes.  However, those review boards and there findings are secret.  This makes it difficult to track the number of mistakes and learn who is making them and how often.   This process in Oregon needs to be changed to allow more transparency, so patients can make informed treatment decisions. 

If you have been harmed by a "medical error" or medical malpractice please call Jeremiah Ross at 503.224.1658.  

Ross Law Obtains $50,000.00 Policy Limits Settlement for "Soft Tissue Injury"

Many insurance companies refuse to pay full value on cases involving soft-tissue or whiplash type injuries.  Insurance companies are skeptical of people claiming soft-tissue injuries, so they minimize the value.   However, soft tissue injuries can have an enormous impact on an injured person's life.   The constant pain can become overwhelming and interfere with every aspect of a person's life.

I recently represented a client that was involved in a Portland Oregon car crash.  The crash caused soft tissue injuries ("whiplash") to his neck.   The client had pre-existing neck injuries, so that complicated the case.   The insurance company stone-walled and would not tender the $50,000.00 policy limits.   The adjuster asserted it was a "soft tissue" case, and discounted it on that basis. 

I filed the case and and initiated discovery.  In return, the defense sent my client to a Defense Medical Exam (aka IME).  The Defense Medical Examiner gave his standard spiel relating to pre-existing condition and gave the insurance company the opinion they had paid for.   

Despite these challenges, I continued to push the case forward and insist on the policy limits settlement.  Eventually, the insurance company capitulated to our demands and tendered the policy limits.   

Soft tissue cases can have an enormous impact on a person's life.  These injuries should be compensated like any other injury, and can have significant value.   If you have been injured in a crash and have suffered soft tissue injuries, please call Jeremiah Ross at 503.224.1658.  The Personal Injury consultation is free, and there is not any obligation to you. Please remember that all cases are unique and results may vary.  Your case may not have the same value. 

Cyclists Must Be Careful in Tom McCall Park and the East Esplanade-Pedestrians can Get Hit

The eighty degree days have released a flood of bike commuters onto Portland's streets.   As a bike commuter myself, I have started to regularly bike commute with my toddler in a bike trailer.  My little guy and I do our best to stay on low traffic bike friendly streets.  However, once we are in downtown things can change depending on where we go.  

The bike path along Tom McCall park is our primary thoroughfare.  This long scenic pathway is a great place to duck away from vehicles.  However, it has its own unique dangers.   First, it is crowded by walkers, joggers, runners and kids.   These folks are enjoying a walk along the river and are often unaware of bikers passing by.   This problem gets compounded when cyclist are crossing the narrow sidewalk on the Hawthorne Bridge or the Steel Bridge and on certain areas of the East Bank Esplanade.    

“Tips For Riding on Tom McCall Park and The East Esplanade
1) Slow Down
2) Give an audible warning when passing pedestrians from behind
3) Give pedestrians lots of room when passing
4) Look both ways when merging onto the path
5) Remember there is a bike lane on Naito Parkway if the pathway is too congested”

To avoid a collision or near miss with a pedestrian cyclist should provide an audible signal when approaching people from behind.  I have personally witnessed a cyclist run into a pedestrian.  That incident could have been avoided if the cyclist simply would have provided an audible signal to warn the person.  This is not only a good idea, but it is also the law.  In this area of Portland  ORS 814.410 applies.  That law states:

(1) A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following: (b) Operates a bicycle upon a sidewalk and does not give an audible warning before overtaking and passing a pedestrian and does not yield the right of way to all pedestrians on the sidewalk.

However, many joggers have headphones in, so an audible warning may not be beneficial.  That is why you need to slow down.  Us Cyclist need to remember that we need to slow down when the area gets congested with pedestrians.  I often see folks on road-bikes darting in and out of pedestrians at a high rate of speed.  At those speeds it is impossible to avoid a collision if a small child runs in front of the cyclist.   This type of behavior could also be considered a violation of ORS 814.410(c) which prohibits riding carelessly. 

Cyclist should also give pedestrians a lot of room while passing them.  Many pedestrians are tourist that are unfamiliar with the cyclist and the speed they travel at.  I have seen pedestrians and children dart in front of cyclist.   Giving yourself a cushion to react in case someone darts in front of you is a must.  

Lastly, Cyclist should look both ways before merging onto the main path that parallels the river.  I have seen cyclist  turn onto the path without accounting for cyclist approaching from behind them.  Pulling out in front of another cyclist can cause a collision. 

If you have been hit by a cyclist you should get the cyclist information and witness information.  The easiest thing to do is to take a photo of their ID on your smart-phone.  Insurance may provide coverage for the incident, but you must get the name of the cyclist that hit you in order to do so.  Cyclist v. Pedestrian collisions can cause severe injuries.  Broken bones and severe strains and sprains can be common.  If you have been injured by a cyclist call Ross Law LLC at 503.224.1658.  Jeremiah Ross is happy to discuss your case with you and provide you a free personal injury case evaluation. 

Please remember the law is constantly changing and to consult with an attorney if you have any legal issue or question.   

JEREMIAH ROSS HONORED BY OREGON STATE BAR

Jeremiah Ross received a Certificate of Appreciation from the Oregon State Bar for his service on the Oregon State Bar Uniform Civil Jury Instructions Committee.    The committee is responsible for drafting instructions Oregon Judges and lawyers use to educate the jury on points of law.

If you need assistance with a legal matter, call Oregon Trial Attorney Jeremiah Ross at 503.224.1658.  He is happy to help people injured by negligence of others, crime victims, and consumers.

ROSS LAW FEATURED IN NEWS ARTICLE REGARDING NEGLIGENT MENTAL HEALTH CARE

Jeremiah Ross was recently featured in an Astoria Oregon Newspaper article.

The Full article is below:

Family pursues legal action over suicide

Share on gmailShare on printShare on tumblrShare on googleMore Sharing Services12

By Derrick DePledgeThe Daily Astorian

Published:November 4, 2015 8:10AM

SUBMITTED PHOTO

A makeshift memorial under the Astoria Bridge honors Carrie Barnhart, who committed suicide in April.

Family believes death was preventable

The family of the woman who jumped from the Astoria Bridge in April is preparing a lawsuit against Clatsop County and Clatsop Behavioral Healthcare, alleging her suicide was preventable and that the county and the private mental health provider failed statutory and moral obligations to protect her from harm.

Carrie Barnhart, a 54-year-old mother of six, had chronic mental illness and committed suicide a week after Astoria Police pulled her from the bridge after midnight and took her to Columbia Memorial Hospital, where she was evaluated by Clatsop Behavioral Healthcare and released after two hours.

Astoria Police had responded to suicide threats from Barnhart four times between January and April, and her family disclosed several other instances over the previous year where she had threatened to kill herself.

In a tort claim notice filed in October, Jeremiah Ross, a Portland attorney for the Barnhart family, argues that state law imposes obligations on the county, Clatsop Behavioral Healthcare and others to protect the mentally ill from harming themselves. The notice, a precursor to a lawsuit seeking damages, was also sent to Lincoln County and Benton County, where Barnhart received mental health treatment, and the Oregon Health Authority, which oversees mental health services statewide.

“Ms. Barnhart lacked the mental capacity to protect herself from harm, and Oregon law prescribes safeguards to protect her from harming herself,” Ross wrote. “From the record, it becomes apparent adequate safeguards were not in place. People and entities were not doing their jobs.”

Deficiencies in mental heath care

The notice refers to deficiencies at Clatsop Behavioral Healthcare — many of which were documented by The Daily Astorian in August — and the fact that the county renewed a contract with the private provider to administer mental health programs despite being aware of the criticism.

Ross highlighted an April email from Scott Somers, the former county manager, who, after reading about Barnhart’s suicide, wrote to a colleague that it sounded “like another case of denying admission to someone in need. This is the consistent message we’ve been hearing.”

“CBH’s failures made Carrie Barnhart’s suicide inevitable, because Ms. Barnhart’s suicide, ‘was another case of denying admission to someone in need,’” Ross wrote in the tort claim notice.

The state Office of Adult Abuse Prevention and Investigations is conducting an investigation into Barnhart’s death. The state could not immediately be reached for comment Tuesday about the status of the investigation.

Clatsop County forwarded the tort claim notice to Citycounty Insurance Services in Salem, the county’s insurance carrier. Clatsop Behavioral Healthcare is reviewing the notice with counsel and had no further comment.

Committed to improving care

In August, Sumuer Watkins, the executive director of Clatsop Behavioral Healthcare, told The Daily Astorian in a written statement that the agency is committed to improving crisis-response services.

A crisis respite center being planned for Warrenton is expected to provide an alternative to jail or hospitalization, a potential safety valve that could help prevent patients like Barnhart from being released too early.

Mental health treatment is a challenge across Oregon, particularly in rural parts of the state, but Barnhart’s suicide called attention to the persistent gaps in Clatsop County, where the two major hospitals — Columbia Memorial Hospital and Providence Seaside — are not certified to provide involuntary care, custody or treatment for the mentally ill.

District Attorney Josh Marquis said in July that the county is in crisis on mental health. Astoria Police Chief Brad Johnston and several of his police officers have also been exasperated that mental health intervention too often falls to law enforcement.

Struggle with mental illness

The tort claim notice outlines Barnhart’s struggle with mental illness in greater detail than her family had previously disclosed publicly.

Barnhart, according to the notice, had been brought to Columbia Memorial Hospital and Clatsop Behavioral Healthcare’s attention in November 2014 because she was having hallucinations. She was transferred to Good Samaritan Hospital in Corvallis in Benton County for treatment.

The notice claims Barnhart was released in December 2014 to her family’s trailer in Toledo, in Lincoln County, but that neither Benton nor Lincoln counties provided follow-up services.

After her family brought Barnhart back to live in Astoria, she drew the attention of Astoria Police, Columbia Memorial Hospital and Clatsop Behavioral Healthcare in January after she cut her neck with a knife. She was transferred to Salem Hospital for care.

After two more suicide threats in January — one where Astoria Police learned she had been hearing voices telling her to jump off the Astoria Bridge and another where police found her on the bridge — she was again taken to Columbia Memorial Hospital, evaluated by Clatsop Behavioral Healthcare and transferred to Good Samaritan in Corvallis.

Barnhart was eventually discharged from the hospital and returned to her family in Astoria. Police intercepted her on the bridge one last time before she finally carried out her suicide plan in late April.

‘Cracks in the system’

While the tort claim notice foreshadows a complaint for monetary damages, Ross said the family wants answers about what happened to Barnhart.

“A lot of it is about getting answers and trying to hold some people accountable,” Ross said.

Artanya Barnhart, Barnhart’s daughter, said she wants to ensure that “this doesn’t happen to another family and that family has to go through this senseless pain.

“I just think there are cracks in the system and it needs to be fixed.”