Shovel That Snow and Chip the Ice off the Sidewalk or You May Be Responsible for Fall Injuries

I had previously written an article about property owner's responsibilities in clearing ice and snow from the sidewalk.  Recently the Oregonian wrote a similar article and made a great video about the obligations of property owners to shovel snow and ice off of their sidewalks. 

“Portland: Doesn’t put a specific time requirement for owners — or occupants, such as tenants — to remove snow or other slip-and-fall hazards during other times of the year, such as leaves. But the city transportation bureau’s website urges property owners and occupants to do it “as soon as possible.”
Hillsboro: Requires property owners to remove snow and ice — or take other safety measures, such as sprinkling sand — within eight daylight hours after a storm covers the sidewalks next to their homes or businesses.
Beaverton: Requires property owners to remove snow and ice within four daylight hours of when it has fallen or formed.
Vancouver: Requires property owners and renters to clear sidewalks of snow and volcanic ash — perhaps in recognition of the 1980 eruption of Mount St. Helens.
Lake Oswego: Property owners must remove snow or ice within four daylight hours if it accumulates at night and within two daylight hours if it accumulates during the day.
Tualatin: Has one of the toughest codes around. Snow must be removed within two daylight hours of it falling, and ice must be removed withint two daylight hours of it forming “unless the ice is covered with sand, ashes or other suitable material.”
Oregon City: Says property owners and occupants are responsible for keeping the sidewalks next to them in good condition, and they are liable if someone is hurt.”

— Oregonlive.com

It is clear that property owners must keep their sidewalks and walkways safe.  If you or someone you know were injured on an icy sidewalk call me, a Portland Personal Injury Attorney, at 503.224.1658 for your free personal injury consultation.   Please remember the law is constantly changing, so please consult with a lawyer and do not rely solely on this post.  Ross Law LLC and Jeremiah Ross arehappy to discuss the law with you.  

Dealing with an Injury from an Ice Cycle and Falling Snow..

Portland Oregon's recent snow and ice is beginning to thaw.  As it does, snow and ice will begin falling from roofs, gutters, and awnings.  Falling snow and ice can be hazardous to pedestrians walking below.  Many people will not be seriously injured, but some people may be seriously injured.   Ice and snow falling on a person may cause head injuries and lacerations.  Insurance companies will often deny any person who claims to have been injured by falling snow and ice.   

What should you do if you, or someone you know, is injured by falling ice or snow:

1. If seriously injured, immediately seek medical attention and/or call 911;
2. If you are injured, or tending to the injured person, delegate someone to take photos and get information for you;
3. Photograph the scene of the incident and any injuries;
4. Try and get names and phone numbers of witnesses (ask them to send a text to your phone is the easiest way to do it);
5. Try and obtain the address of the property where the ice or snow fell from;
6. Have another person notify the property owner of the incident;
7. Take photos of the ice or snow.  Use a finger or hand next to the ice or snow to provide some scale.
8. Keep track of the medical bills
9. Call an Oregon Personal Injury Attorney like myself at 503.224.1658.  An attorney is useful because they can notify the property owner, investigate the claim, and deal with the insurance company.  I don't charge for a consultation and work on a contingency fee in personal injury cases, so you don't have to pay for representation.

PLEASE CALL AN ATTORNEY AT 503.224.1658 IF YOU HAVE QUESTIONS!  I am happy to provide free personal injury consultations.  Please remember: THIS POST IS NOT INTENDED TO BE "LEGAL ADVICE" and may be considered "Attorney Advertising."  The law is constantly changing, so it is best to call a lawyer and not rely on this post to determine if you have a personal injury case. 

Snowpocalypse Part III.... What You Should Know if You Are in a Crash on a Snowy Road

Portland is currently being slammed by its third winter storm of the season.  Snow, Freezing Rain ,and bitter cold temperature are turning Portland into a winter wonderland.  However, the winter wonderland is a dangerous place to drive.   Portland Hospitals reported an increase in admissions from crash related injuries during the last snow storm, and this event will likely produce similar results.   Hopefully, less people will be injured because less people will be on the road.   However, there will be crashes in this storm.  People drive too fast, wait too long before braking, and follow too closely.  The unfortunate reality is crashes will occur.

Here are some things you should know if you are one of the many people that are injured in a crash related to the snow storm. 

1. At the Scene:   Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the car damage, the scene, the bad driver, witnesses, and the bad driver' driver's license, the bad driver's license plate, and the bad driver's insurance card.  Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed.   
2. Seek Medical Care:  Immediately seek treatment if you are injured. Your Oregon issued auto insurance should pay $15,000.00 for up to two years of crash related medical treatment. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Contact Insurance and the DMV: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives. If there was an injury or more than $1500.00 in property damage submit the proper Accident Report to the DMV ASAP.  Here is a link to the form:  DMV Accident Form.
4. If you were in a hit and run you must make a police report or notify the DMV within 24 hours and notify your insurer within 30 days.  I advise reporting the matter to law enforcement as soon as possible.  This is important as you may not be able to make a claim in the future if you were a victim of a hit and run.
5. Call A Lawyer at 503.224.1658:   It won't cost you anything to chat, and you can learn about what you need to do next. 

Please be safe out there.  The roads are still treacherous and there is more snow and ice on the way.   Please do not hesitate to call if you have any questions.  Please remember this blog and web-site may be considered attorney advertisement.

Injured on an Icy Sidewalk? Here is what you should do...

The Snow has arrived here in Portland.   The Metro region is blanketed in snow and ice.  This means roads are hazardous, but people often forget about the dangers posed by a slippery sidewalk.  The Oregonian recently reported that the snow and ice has resulted in an increase of people being admitted for fall injuries.  Most of these falls are caused by people slipping on ice or snow.  

Most people brush these falls off when they occur.  However, once costly medical bills arrive in their mailbox they properly question why they should be forced to pay for the medical bills if they were injured in a parking-lot or sidewalk that another person was responsible for ensuring it was maintained in a safe condition. 

First it is important to note, you may not be responsible for your injuries if you slipped on ice or snow. The law in many cities requires people to maintain their sidewalks and parking lots in a safe condition.  More specifically, if you live in one of the cities below and you don't remove the ice and snow on your sidewalk and/or parking lot you may be breaking the law:

1. Beaverton Oregon, Title IV Chapter 42, 4.207-4.208
2. Eugene Oregon, Eugene City Code 7.375
3. Gresham Oregon 7.15.040 (5)
4. Hillsboro Oregon Chapter 9, 9.16.010
5. Lake Oswego Oregon LOC 42.06.310 and 34.02.035(20)
6. Milwaukie Oregon Title 12 12.04.060
7. Oregon City Oregon 12.04.030-12.04.031
8. Portland Oregon Portland City Ord. 17.28.020 (A))
9. Salem Oregon Chapter 78 78.220
10. Springfield, Oregon Chapter 3.306
11. Tualatin Oregon Title 02 Section 2-2-010 - 2-04

Many people do not make an insurance claim or seek out a lawyer, because they are under the improper assumption that because they fell they are solely responsible.  This may or may not be the case.  However, the law is pretty clear on these issues. If a person fails to maintain their sidewalk or parking-lot in a safe condition (removing snow and ensuring it is free of ice) then the property owner is responsible.  

If you were injured in a fall caused from ice or snow here are some tips:

1. At the Scene: Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the area of the property where you were injured, the address of the property, witnesses, and any employees that assist you.  If there is ice or snow ensure you get pictures of the snow.  Try and get the depth of the snow.  If it is ice, ensure the photograph accurately depicts the ice. Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed. If you are not able do this because of your injuries, send someone to the property ASAP to gather information and photographs.
2. Seek Medical Care: Immediately seek treatment if you are injured. Some businesses have no fault insurance that may pay $5,000.00 of medical bills. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Notify the property owner or business.  It is best to call a lawyer BEFORE you contact the property owner or business.  
4. If you fell on Public Property remember to file a TORT CLAIM NOTICE.  
5. Call A Lawyer at 503.224.1658: It won't cost you anything to chat, and you can learn about what you need to do next.

Falling on ice can be painful and can cause serious injuries. Many people initially laugh and are embarrassed only to later discover serious injuries. 

If you were one of the many people that reported to an Oregon Hospital for fall related injuries, feel free to call 503.224.1658 for your FREE personal injury consultation. Please remember these tips are not to be considered legal advice.  You may need to take additional steps to preserve your claim.  Also, the law is constantly changing, so refer to the actual law and do not rely on this post.   If you have additional questions click HERE.

Injured by a Drunk Driver Leaving a Holiday Party? Throwing a Party? Things you Need to Know

The Holiday Season is in full swing.  People are shopping, decorating, and atttending the various holiday festivities here in Portland.  Many people are also dusting off their ugly holiday sweater and attending Holiday Parties.   I am a huge fan of Holiday Parties and a bigger fan of tacky sweaters, but I can't stand people that drink and drive.  Unfortunately, drinking and driving occurs far too often during the Holiday Season.  This can turn the Holiday season into a tragic event for anyone involved in a crash with a DUII Driver.  Socieity has little tolerance for DUII Drivers, but here in Oregon the law also allows the injured person to hold all people accountable for causing their injuries.   This includes the business or people that over-served the DUII driver alcohol.

In Oregon, homeowner’s can be held responsible for serving alcohol to a person that is visibly intoxicated and later injures another in a DUII crash. (ORS 471.565). Oregon courts have determined a person who receives guests in a social setting, in which the host serves or directs the serving of booze or beer to guests can be held accountable if the overly intoxicated person later injures another in a DUII crash. See Solberg v. Johnson, 306 Or 484, 490 (1988). This type of liability is referred to as “Dram Shop” liability. Dram Shop liability is important because home owner’s and renter’s insurance policies may cover DUII crash injuries and provide tens of thousands, or hundreds of thousands of dollars, in additional insurance coverage. This money can be used to pay medical bills, physical therapy, vocational rehabilitation, and to compensate the injured person or their family for their harms and losses.   Dram Shop liability also applies to a business that over-serves a visibly intoxicated person that ends up harming another.

Hopefully this guy is not driving home.  If he does, and injures someone the party host may be liable.

It is important to keep in mind if you intend on making a dram shop claim there are time limitations that notice must be given in. Specifically, if it is a wrongful death claim then notice must be given within one year of the date of death, or within a year after the date plaintiff discovered, or should have discovered, the claim, whichever is later. (ORS 471.565) In a personal injury matter, notice must be given within 180 days of the injury, or 180 days after the injured person discovered or reasonably should have discovered, the existence of a dram shop claim which ever is later. (ORS 471.565) However, these notice requirements may not always apply and there are exceptions. Please refer to a current version of ORS 471.565 for notice requirements and time limitations.

Dram shop cases can be complicated and there are other theories an attorney can use to attempt to obtain maximum recovery for a person’s injury or loss. Please contact Portland Personal Injury Attorney, Jeremiah Ross, at 503.224.1658. for a free personal injury consultation. Please remember this post is for informational purposes only and you should rely on the current statute and case law when considering a dram shop claim. Please consult with an attorney if you believe you have a dram shop claim or have been injured by a DUII Driver.

In a Car Crash During the Recent Snow Storm? Here is What You Need to Do...

Snowpocalypse has arrived in Oregon.  The Willamette Valley , Coast, and Central Oregon have all been buried in Snow.  Last night when snow began to fall, Oregon's roads predictably became snarled with drivers trying to get home.  Many driver's were unprepared t and either crashed into another car, ran off the road, or simply abandon there vehicles in the road.   The Oregonian reported 101 car crashes in Portland alone.  Area hospitals also reported an increase of persons being admitted for car crash injuries. These visits can become costly if injured people do not take steps to protect themselves.     If you were one of those people that were involved in a crash here are things you should do:

A video taken by SW Portland resident Kathryn King shows a school bus crashing into several other vehicles in her neighborhood during a snow storm on Dec. 14, 2016. (Warning video contains explicit language)

1. At the Scene:   Once the area is safe, USE YOUR CELL PHONE to gather evidence: Take pictures of the car damage, the scene, the bad driver, witnesses, and the bad driver' driver's license, the bad driver's license plate, and the bad driver's insurance card.  Call 911 if there is an injury and relay what the injuries are. Have witnesses text or email you their contact information from their phones. This way you can locate them later if needed.   
2. Seek Medical Care:  Immediately seek treatment if you are injured. Your Oregon issued auto insurance should pay $15,000.00 for up to two years of crash related medical treatment. This does not mean you need to go to the Emergency Room, but you should schedule an appointment with a Doctor or Chiropractor to ensure you have not suffered serious injuries.
3. Contact Insurance and the DMV: Call your insurance company to set up a claim. Cooperate with them, but be cautious of their motives. If there was an injury or more than $1500.00 in property damage submit the proper Accident Report to the DMV ASAP.  Here is a link to the form:  DMV Accident Form.
4. If you were in a hit and run you must make a police report or notify the DMV within 24 hours and notify your insurer within 30 days.  I advise reporting the matter to law enforcement as soon as possible.  This is important as you may not be able to make a claim in the future if you were a victim of a hit and run.
5. Call A Lawyer at 503.224.1658:   It won't cost you anything to chat, and you can learn about what you need to do next. 

Please be safe out there.  The roads are still treacherous and there is more snow and ice on the way.   Please do not hesitate to call if you have any questions.  Please remember this blog and web-site may be considered attorney advertisement.

Be Careful in Parking Lots! Crashes and Injuries are more Common Than You Think

“On average at least 60,000 are injured and 500 or more die in the 50,000 plus crashes in parking lots and garages every year”

— The National Safety Council

Many people enjoy the chaotic scavenger hunt that the media has dubbed "Black Friday."  Black Friday is a day of deep discounts at retailers but it also a day of pure chaos on the roads.   Traffic around major retailers and shopping centers is usually backed up. Parking spaces are impossible to find.  Drivers are anxious and frustrated because they cannot get into the stores to shop.  Shoppers are also tired because they have been up to catch the early deals. Drivers and pedestrians are also distracted by their cell phones and other devices.  These drivers and pedestrians have also become complacent based on the false assumption that parking lots are safe.  All of these circumstances lead to a very dangerous situation for drivers and pedestrians.  

The National Safety Council has researched parking lot crashes.  The Council determined that one in five car crashes happen in parking lots.  The researches noted that the leading cause of the crashes is distracted driving and walking.  This is due to the fact people have a false sense of security in parking lots due to the slow speeds most people are traveling at.  However, even a crash at slow speeds can have tragic results.  

The council noted that that on average 500 people die in parking lot and garage crashes every year.  Approximately 60,000 people are injured in parking lot crashes every year.  The council also determined there are roughly 50,000 car crashes in parking lots and garages a year. These are surprising  and scary statistics that I ask you to keep in mind when you think about using your cell phone in the parking lot.

If you or someone you know have been injured by a vehicle in a parking lot please call me at 503.224.1658 to discuss your case.  Ross Law LLC offers free personal injury consultations.  It is usually imperative to retain a lawyer if you have  been injured in a parking lot,  because insurance companies make "low ball" offers.   Please note Ross Law is not affiliated with the National Safety Council. Also please note the statistics have not been vetted by Ross Law or any attorney at Ross Law.  If you have questions about them please contact the National Safety Council.   Lastly this post is not to be considered legal advice.  Please contact a personal injury attorney if you have been injured in a crash, and do not rely solely on this post.

Thanksgiving Travel Tips-When Oregonians Should Drive to Avoid The Traffic

It is hard to believe Thanksgiving is already here.  Millions of people are gearing up to hit the road to travel to see family and friends.   Here, in Oregon the forecast looks wet (imagine that) and there is snow predicted to be a the mountain passes.   Wet weather conditions, poor visibility, frustrated and anxious drivers, and distracted and drowsy drivers all create the perfect storm for car crashes.  However, you can reduce your risk of being in a crash if you simply avoid much of the traffic. 

 Waze is a cell phone navigation app.  The app tracks drivers' speed, direction, and driving habits.   Waze does an incredible job of capturing and analyzing data to assist travelers predict travel patterns. Waze has monitored traffic for the past couple of years and has predicted when people should travel to avoid the Thanksgiving traffic. Waze believes the best and worst times to travel are:

• Tuesday, November 22, 2016:  Avoid being on the road between the hours of 12PM and 6PM.  Especially between 4 pm and 6 pm.  It would be best to leave early or wait until after the 6 PM traffic thins out to hit the road. In the Portland area, most traffic does not thin out until about 630 PM.
• Wednesday, November 23, 2016: Your odds of being in a car crash increase by 33% if you choose to travel on Wednesday.  Waze suggests avoiding the road in the late morning to the end of the day.  Most people travel on Wednesday, so it would be best to try and get an early start on Wednesday to avoid the traffic and the increased risk of being injured in a crash.
• Thursday, November 24, 2016:   Thursday is a great day to travel, but it is also Thanksgiving.   Most people are already at their destinations, so there really is not much traffic on the road.  However, those that are traveling please be careful of the Drunk Drivers on the road.  If you suspect a person is DUII on the road call the police immediately and keep your distance. 
• Friday, November 25, 2016:  Waze's data notes that Friday is a great day to travel.  However, we all know from experience that driving around shopping malls and other stores can be a nightmare on "Black Friday."   The Woodburn Outlet Mall usually has traffic backed up in the right lane of I-5 for a long distance before the exit.  Areas around the Washington Square Mall  also become congested.    These areas are particularly dangerous because of the amount of frustrated and anxious people on the road.   
• Saturday, November 26, 2016:  Waze notes Saturday is a great day to drive.   There shouldn't be much traffic that date, so it may not be a bad idea to hit the road early.  
• Sunday, November 27, 2016:  Waze predicts on Sunday there will be 100% more car crashes than usual.  Traffic Jams increase by 240%.   The bottom line is that driving between 11:00 AM and 6:00 PM is a terrible idea.  
• Monday, November 28, 2016:  Monday is predicted to be a great day to drive.  Waze only advises that the highest increase of vehicles on the road will be at around 3:00 PM. 

I hope everyone reaches their destinations safely and without too much stress and frustration.  However, should the unthinkable happen and you find yourself injured in a car crash, please call me at 503.224.1658.  Ross Law LLC is happy to provide Free Personal Injury consultations.  Please remember the data above is provided by Waze.  Ross Law LLC is not affiliated with Waze,  and has not vetted any of the data.  If you have issues with the predictions, please contact Waze.   Also, please remember that applications such as Waze can be very distracting to drivers and can cause car crashes.  Please keep your eyes on the road if you are using Waze and listen to the voice commands.