Jeremiah Ross Featured in "Superlawyer" Publication

Jeremiah Ross has been featured in the Superlawyers publication as an Oregon Personal Injury Rising Star for 2017.  Superlawyers has a unique selection process in which peers submit candidates to be selected as Rising Stars.  Jeremiah Ross has been selected as a Personal Injury Rising Star for two years in a row. 

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According to Superlawyers, "Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys."

If you would like to have a free personal injury case evaluation by Jeremiah Ross call Ross Law at 503.224.1658

June 2017 was a Deadly Month for Oregon Drivers. Please be Safe!

The traffic was light as I drove to work this morning, because most people are taking advantage of the 4th of July Holiday.   Thousands of Oregon families are going to return from their long weekend tomorrow or Wed.  Hopefully, these holiday drivers will remember to slow down, pay attention, and stay off of the cell phone.   June was a deadly month for Oregon's drivers, and we can only hope July is much safer.  Please drive safely.

June 2017:

At least 27 people died on Oregon’s roads.
The ages of the deceased ranged from 9 months old to 92 years old.
The crashes occurred all the way from the Oregon Coast to Baker City, Oregon.
— Oregonlive

If you or someone you know, have been injured in a car crash, please contact Jeremiah Ross for your free case evaluation.  Portland Oregon Personal Injury law firm, Ross Law LLC can be reached at 503.224.1658.  This post is for informational purposes only and should not be used for any other purpose

Is Your Lemon Law Case Ripe for Litigation?

Each week I field calls from people that have purchased a defective vehicle.   The caller typically informs me they recently purchased a "lemon" and the vehicle suffers from various mechanical issues. At that point it is important to ask a few basic questions to determine if this is truly a lemon law case.  Oregon's Lemon Law has a very specific definition of vehicles that are protected by its "Lemon Law." 

It is important to note what Oregon's lemon law is. Oregon's Lemon law is comprised of a group of statutes starting at ORS 646A.400 and continuing through ORS 646A.418.   The law basically states that if a new motor vehicle does not conform to the manufacturer's express warranty, and the consumer alerts the manufacturer or the authorized dealer of the nonconformity then the consumer may be entitled to a replacement or a refund, and damages.  However, just like many things in the law it is not that simple.  The law has certain requirements that must be fulfilled before a lemon law case is ripe for litigation.

First, the motor vehicle must be no more than two years old or have less than 24,000 miles on it, which ever period ends first.  Most consumers cannot meet this first element, because the vast majority of the "material defect" used car cases involve vehicles over 2 years old.  True "lemon law" claims involve new vehicles, not ten year old jalopies.  The Lemon Law also does not apply to travel trailers, because they are not self propelled or a vehicle designed for self propulsion.   

The second big issue the consumer faces are, the consumer must report each "nonconformity" to the manufacturer, or the authorized dealer, for the purpose of repair or correction during the two year period following the date of delivery or before the vehicle's mileage reaches 24,000, whichever comes first. The law basically provides consumers presumptions that the motor vehicle is a lemon if their were a reasonable number of attempts under the vehicle's express warranties, and the manufacturer receives advance notice of the defects before attempting the repairs.  The law presumes a reasonable number of attempts have been made if the vehicle has either been in the shop for 3 or more times, and the defect continues, or the vehicle is out of service by repair for a total of 30 or more calendar days.  There is also another presumption the vehicle is a lemon if there is one attempted repair of a nonconformity likely to cause death or serious injury, but the defect continues. 

The manufacturer must also receive "direct written notification" from the consumer, and has had the opportunity to correct the alleged defect.   Notification, can be a request for an "informal dispute settlement procedure" under ORS 646.608.  This means that the consumer must put the manufacturer or the authorized dealer on notice the vehicle is defective and provide an opportunity to cure the alleged defect. It also means that if the manufacturer has established an informal dispute settlement procedure and notifies the consumer of the procedures then the consumer must  resort to the informal resolution procedure (arbitration)  prior to filing a lawsuit.  

If the consumer can satisfy the legal requirements then their case may be ripe and they may feast on the Lemon Law remedies.  The remedies may include, rescission, replacement of the vehicle, or triple damages (capped at $50,000.00 above the amount owed to the consumer). The court may also award discretionary attorney fees, and costs.  The Lemon law can be a powerful tool.  Unfortunately it can also be a sour pill to swallow if the consumer learns they failed to comply with the notice requirements or there vehicle is too old to qualify as a lemon.

If you or someone you know believe they were sold a lemon, please call Ross Law LLC at 503.224.1658.  Also, please remember this blog is a summary of the law.  Please refer to the actual law or a lawyer for an evaluation of your case.   Do not rely on this post for legal advice.  The law is constantly changing and this post may be outdated.  Please do not cite this post in any governmental proceeding, arbitration, hearing, or negotiations.   

How Do You Figure Out if Your Child's Day-Care or Pre-School is Safe?

Getting your kids in Daycare can be an overwhelming en-devour.  Site visits, phone calls, interviews, and the always popular, "wait lists" are all new experiences for almost every new parent.  During this process every parent is concerned with one thing, Safety.  However, it is not always easy to determine if a place is safe for your kids.  Daycare providers are like other businesses in that they put their best foot forward in an effort to get your child enrolled and the tuition money.   So how do you determine if your kid's daycare or preschool is safe? Here are some tips:

  • Is the Daycare or Preschool Licensed by the State?  You should determine if the provider is licensed by the State of Oregon.   If not, that is a big red flag, and the provider maybe breaking the law by operating a unlicensed daycare.  Calling Office of Child Care - Central Office
    503-947-1400, 1-800-556-6616 may help you determine if the daycare or childcare provider is licensed.  In the alternative, you can simply ask the provider to see the license. 
  • Does the Daycare or Preschool have prior complaints?    The State of Oregon has an office that is dedicated to licensing and overseeing daycare facilities.  This office keeps a data-base that allows the public to search for violations committed by Oregon preschools, daycare, and licensed child care providers.   The data base is not too user friendly, and doesn't provide details regarding the complaints but it provides the rules or laws that were violated and the date of the violations.   Click here to learn if the State of Oregon has a public record of a complaint against a childcare provider, daycare, or preschool.  Another place to look for prior complaints is the Better Business Bureau.  Click here for a link to the Better Business Bureau. 
  • What should you Look For When Visiting a Prospective DayCare or Preschool?  If you are a new parent it is overwhelming trying to figure out all of the potential dangerous surrounding your child.   However, the National Association for the Education of Young Children (NAEYC) has authored checklists to assist parents in determining if their child's daycare is safe..  
    • If you are looking to determine if your INFANT's childcare provider is safe Click Here.
    • If you are looking to determine if your TODDLER's childcare provider is safe Click Here.
    • If you are looking to determine if your PRESCHOOLER's childcare provider is safe Click Here.

If your child, or someone you know, has been injured at a daycare or by a childcare provider call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658. Call Ross Law for your free case evaluation.  Ross Law takes most personal injury cases on a contingent fee basis.  LEGAL STUFF,  PLEASE READ:  Please note the tips above are not an exhaustive list and you must do your own due intelligence in trying to determine if a daycare provider is a good fit for your child. Also, Ross Law does not have a relationship or affiliation with the agencies or entities noted in this article.  Please contact them directly if you have any questions or concerns about their web-site(s) or, policies, or procedures. 

Using Your Cell Phone While Driving Is Dangerous, But It May Also Cost You A Lot of Money

It has been a few years since Oregon lawmakers have outlawed using a cellular phone device while driving.   However, people continue to use their phones while driving.  Deaths and injuries that are caused by texting and driving are on the rise.  In fact, every three hours a crash in Oregon is caused by distracted driving.  It appears the existing small fines that may be imposed are not have the desired effect, and some lawmakers are attempting to crack down on distracted driving.

There is currently a bill in Salem that would allow a judge to impose up to a $2,000.00 fine on a person caught holding their mobile electronic device while on the roads.  The current law has minimal fines and is difficult to enforce due to its poorly drafted language.   The new bill just passed the Oregon House.  Hopefully the law will pass and deter others from using their mobile devices while driving.  However, if it doesn't there will always be personal injury attorneys like myself who are willing to hold a distracted driver that injures another accountable in Court. 

If you or someone you know was injured by a distracted driver or a person using their cell phone, call Ross Law LLC at 503.224.1658.  Jeremiah Ross is happy to provide a free personal injury case evaluation.  Please note this article is meant for information purposes only and could be considered ATTORNEY ADVERTISING.  Please consult with a lawyer if you have questions about your personal injury case or any other legal question 

Air Assault-When Airline Passengers Are Assaulted

The Airline Industry is taking its lumps this month.   First, there was the United Airlines incident where a man was forcibly removed from an airplane because he did not give up his seat for Airline Employees.  This weekend another story broke.  This time an American Airline employee wrestled a stroller away from a mother of young twins.  In doing so, the stroller struck the woman in the face.  This arguably constitutes assault. I say arguably because we don't have the full story, and have to rely on media reports.

However, rather than doing the right thing and immediately apologizing and attempting to make it right.  The Airline Employees chose to escalate the situation and one employee attempted to engage a male passenger who was attempting to stand up for the young mother in a fight.   The Airline Employees could not have done a poorer job if they tried.   

This is another case of Airlines losing control over a situation, and highlights their poor training and lack of compassion for passengers.  I had previously written on steps you should take if you are injured on an airline.  Click here to find out more.  If you or someone you know were injured on an airplane call 503.224.1658 for more information.  Jeremiah Ross is happy to provide you a free case evaluation.   Please remember this post could be considered attorney advertising and is not meant to be construed as legal advice. PLEASE Call a Lawyer and do not rely on this post.

Driverless Cars are Coming to Portland! Are We Prepared?

The Mayor has spoken.  He wants to see driver-less cars on Portland's streets and highways.   However, I think this is a little premature.  This is because, "It is all fun and games until someone gets hurt."  

Liability issues with these driver-less cars has yet to be adequately addressed here in Oregon.  Eventually one of these vehicles will get involved in a serious crash on an Oregon road.  If a person is injured in the crash unique liability issues are going to spring up.  Who is responsible for the crash in the crash asserts it was the driver-less' cars fault?  What happens if the vehicle suffers a mechanical failure or a software failure that causes the crash?  If that issue arises usually the injured person has no choice but to file a lawsuit, because none of the corporations that have been involved in these crashes will accept responsibility.

My biggest concern,  is the owner and manufacturer of any driver-less car involved in a crash will do anything and everything to deny any liability for causing the crash.  This is due to the fact that the public will lose any trust with the driver-less car industry if the driver-less car causes a crash or injury.  We are already sceptacle of these machines, as every machine will eventually break or malfunction. However, billion dollar industries rest on the success of these machines.  As a result, if there is any way corporations can protect this emerging industry they will do so.  This will mean they will likely fight tooth and nail and force people to file lawsuits that claim it was the driver-less vehicle's fault.  Hopefully, the CIty of Portland and the Oregon Legislature can draft laws to protect other drivers, pedestrians, and cyclist from an incident with a driver-less vehicle.

If you or someone you know are injured by a driver-less vehicle or autonomous vehicle, call Ross Law LLC at 503.224.1658.