RIPPED OFF AND OVERCHARGED DURING HOLIDAY SALES

The Holidays are here, and so are the great deals. However, many stores lure folks in with what appear to be great deals only to overcharge or fail to honor the advertised discounts.   Most folks discover this after the purchase and the long lines and chaos of the holiday season deter them from further pursuing the matter.

This does not mean you are without remedies.  Oregon Law (ORS 646.608) prohibits stores from advertising goods with the intent not to provide them as advertised.  For example if you receive an e-mail advertising Mom’s Disgusting Fruit Cake for $5.00 and then you are charged $6.00 for Mom’s disgusting Fruit Cake then the retailer may have violated Oregon Law.  

Additionally, if stores make misleading representations of fact concerning the offering price of goods then they may be violating the law.  This is common when discounts are advertised at the store. For example if a store places a sign that states “25% Off” above ugly Christmas Sweaters then the store charges you full price, they may have violated Oregon Law. 

What are you to do?  Can you get your money back?  Can you get more than the purchase price back?   If you think you have been overcharged or ripped off by a retailer contact  Oregon Attorney Jeremiah Ross at Ross Law LLC.  Call 503.224.1658 for a free phone consultation.  Ross Law LLC may be able to assist you at no charge. Please remember this post does not create an Attorney Client relationship.  Also, you should consult with an Oregon Attorney regarding your rights and remedies and do not rely solely on this post.

CRASH CAUSED BY DRIVING THE SPEED LIMIT ON ICY ROADS…..

Winter is here and  so are the freezing temperatures.  Even when there has not been any recent rain roads can become slippery.  Frost and Frozen Fog can accumulate on the roads in clear conditions causing the road to become very slippery.  Many bridges are susceptible to freezing and recently the upper deck of the Fremont Bridge was closed due to the frost and ice that had accumulated on it. 

Everyone is aware that icy roads contribute to crashes, yet here in Oregon we often see cars failing to slow down in these icy conditions.  People often disregard the basic speed law which mandates drivers take into account the weather conditions and “any other conditions then existing.” ORS 811.100   As a result, in icy conditions, a person can be found  at fault in a car accident even if they are driving the speed limit. 

These car crashes can often result in serious injuries or death because many of the crashes occur on Oregon’s highways and freeways at high speeds.  However, many rear end crashes that cause soft tissue and whiplash type injuries can also be caused by icy conditions.  

If you have been injured in a car accident please an Oregon Personal Injury Attorney.  Jeremiah Ross and Ross Law LLC would be happy to discuss your Oregon personal injury case with you.  Call Ross Law LLC today for your free personal injury consultation.  Please remember that this post does not constitute legal advice as laws and rules are constantly changing.  Please consult with an Oregon Personal Injury Attorney as the specifics of  your case may vary from this post. 

ROSS LAW SALUTES VETERANS AND THEIR FAMILIES…

Ross Law LLC would like to take this opportunity to thank military Veterans and their families for the sacrifices they have made for this Country.  Ross Law is honored to assist military veterans with legal issues they may be facing and offers military Veterans discounted fees for DUII Defense.  If you are a Veteran and have a legal issue, feel free to contact Ross Law LLC  503.224.1658 to briefly discuss the issue  with Jeremiah Ross. 

Please remember this post is for informational purposes only and does not create an Attorney Client relationship.  Please discuss your matter with an Attorney or a Veterans Service Representative and do not rely solely on this post.  

THE “TREAT” YOU DON’T WANT ON HALLOWEEN… A DUII ARREST

Oregonians celebrating Halloween should be aware that they can be arrested and convicted of DUII even if their BAC is under .08%.  In Oregon, the law does not prohibit people from drinking alcohol and getting behind the wheel unless it impairs their ability to drive. The impairment can be the slightest physical or mental impairment.  This is why many people are surprised the DA is still charging them with a DUII despite the fact the breath machine registered their Blood Alcohol Concentration (BAC) below a .08%.

These “low blow” DUIs can be more common around the holidays.  Police Departments usually increase patrols on Halloween and the weekends around Halloween.  Officers are trolling for DUII Drivers trying to get them off the road.  As a result, the officers are hyper sensitive to DUII drivers and may be overzealous when it comes to making the call whether to arrest a DUI suspect.  Although Police Officers may disagree, Field Sobriety Tests are subjective.  This means that the officers can develop probable cause to arrest the DUI suspect based solely on their opinion the person was too impaired to be driving. As a result, a person can have one or two drinks and find themselves being arrested for DUII.   The officer may error on the side of caution to get the driver off of the road, but the Driver may be facing DUII charges based on the questionable arrest.   

 You don’t want to be the person sitting in jail in the bumble bee costume, so please don’t drive after drinking alcohol.  If you are arrested for DUII you need to be aware of your rights and options.  Diversion may not always the best option in a “low blow” DUII situation.  Call Jeremiah Ross and Ross Law LLC at 503.224.1658 for your free DUII consultation.  Please remember this post is not legal advice and is for informational purposes only.  Please consult with an Oregon Lawyer regarding the specific facts in your DUII case. Also, this post does not create an Attorney Client relationship.    

HALLOWEEN IS A SCARY TIME TO BE A PEDESTRIAN….

As I was riding my bike to work this morning, I saw a little girl dart across the street to examine the Ghost made from a sheet hanging from a large oak tree.  It was a quick reminder of how dangerous Halloween can be.  Halloween is an extraordinarily dangerous time: DUII Drivers are all over the road, mischievous teenage drivers are on the roads, and drivers are distracted by the folks walking around in costume.  Mobs of Children are everywhere and are not paying attention to their  surroundings. The totality of these circumstances combine make for a very dangerous situation.  Many people are aware of the obvious dangers of Halloween, but there are some hidden dangers that parents should be aware of.

Visibility:  It is common sense that a child dressed as a Ninja or in Camouflage will be difficult to see.  However, every year I see a child dressed in all black without any reflective strips or lights to increase their visibility.  This creates the obvious risk of a car injuring your child.  It is best to ensure your child is visible by giving them something that glows or lights up to help motorist see them.  At a minimum put reflective tape around their ankles and wrist where it is visible to others.  Additionally, it is well known that the child should be able to see out of the mask they are wearing, but mask wearing parents need to also remember this.  Limiting your visibility can hinder your ability to keep an eye on your little ones as they run from house to house. 

Tripping:  Kids and parents often find themselves standing on unfamiliar porches littered with small pumpkins and other Halloween decorations.  It is important that you pay attention to these tripping hazards, so you and your child can avoid being injured by a fall caused by tripping over these objects.  Also, sidewalks covered with leaves can cause a person to fall and be injured.  Slow down and watch your step when walking on dark leaf covered sidewalks, and let your kids know they should slow down and watch their step. 

The Street:  The Street is an obvious danger to most, but many people live on quiet streets that do not have a lot of traffic.  Children become complacent and often play in the street or run across the street without being cognizant of the dangers involved. A recent tragic example illustrates the dangers of playing near the street. Two children  were seriously injured and killed after being struck by a car as they were playing in leaves piled up in the street adjacent to the sidewalk in front of their house.  The Driver for some reason veered into the leaves, ran over the children, and fled the scene.  These unthinkable tragedies happen and the only way to prevent them is to do your best to keep the kids out of the street and ensure they are aware that they absolutely cannot be in the street on Halloween night. 

Stay Close to Your Little Ones:  My son is too young to understand the dangers posed by cars, so it is up to me to look out for his safety.  Parents are always doing their best to look out for their children, but sometimes they may let their little ones get too far from them to react to a dangerous situation.  This is very true when people are in their own neighborhood, because people often become complacent in their neighborhood. On Halloween, it is always a good idea to keep your little ones extremely close and walk all the way to the door with them.  Keep your body between them and the street, so if they do dart out into the street you are in a position to prevent them from going into the street. 

Halloween should be a fun time for all, and you should not have to spend the night in the hospital worrying about your little one’s injuries and the tens of thousands of dollars in medical bills. Being aware of the dangers can help you prevent yourself and your little ones from being injured by the negligence of another.  I wish you all a safe and Happy Halloween!

If you  believe you were injured by the negligence of another call Ross Law LLC and Jeremiah Ross at 503.224.1658 for your freepersonal injury consultation.  Please remember this post is for informational purposes only and does not constitute legal advice.  Also, please remember that this post does not create an Attorney client relationship.  

WHO IS RESPONSIBLE FOR DANGEROUS SIDEWALKS & SLIPPERY LEAVES. LOOK TO THE CITY CODE…

This year Oregon has been blessed with amazing fall weather and spectacular fall colors.  The leaves changing colors is an annual event that many Oregonians look forward to.  However ,once the leaves fall they need to be removed or they can  pose a danger to pedestrians and cyclist alike.  

Leaves can be slippery and can create a slippery surface causing people to fall. Additionally, leaves can conceal hidden dangers below.  It is common for a person to step in a hole, or trip over an uneven sidewalk due to the fact the leaves concealed the dangerous sidewalk below.  Cyclist can become very vulnerable, because they cannot see these hazards and may be traveling at a greater speed than a pedestrian.

Some Oregon cities have a requirement that property owners care for the sidewalk adjacent to the property.  This means that property owners have a duty to maintain the sidewalk in a safe condition. (For example read Chapter 17.28.020 of the Portland City Code.)  If a person falls and is injured as a result of an unsafe sidewalk the property owner who owns the property next to the sidewalk may be responsible. Also, that property ‘s home owner’s insurance should be responsible to compensate the injured party. 

Additionally some Oregon Cities require home owners and persons living in a property to remove leaves from the sidewalk adjacent to their property.  In Portland, Section 17.52.020 of the City Code imposes a duty on property owners and tenants to keep the sidewalk clear of leaves, branches, flowers and fruit.   Therefore the owner of the premises can be liable in a negligence claim if a party is injured as a result of tripping or slipping on leaves, branches, flowers or fruit that should have been removed.

If you or someone you know has been injured as a result of slipping or tripping on a sidewalk in Oregon please contact Jeremiah Ross and Ross Law LLC at 503.224.1658 for your free personal injury consultation. Also, please do not rely solely on this post, as it is meant for informational purposes only and is not to be considered legal advice.   The law is constantly changing and it is best to consult with an Attorney rather than relying on this post. Lastly, please remember that this post does not create an Attorney Client relationship.  

UPGRADING A MILITARY DISCHARGE TO OBTAIN AN HONORABLE DISCHARGE….

I recently represented a veteran who was seeking to upgrade her discharge characterization.  Our hard work paid off and we were able to convince the Discharge Review Board to upgrade her discharge to an Honorable Discharge.  This was not an easy task, but it was necessary in order for her to apply for certain Veteran’s Benefits and apply for employment in a certain field.

Most people are aware that a veteran receiving anything less than an Honorable Discharge is at a disadvantage in the civilian world.  Many employers, professional licensing boards, and Universities may not be willing to take a chance on a veteran with anything less than an Honorable Discharge.   More importantly, the type of discharge a veteran receives will affect the types of Military Benefits and Veterans’ Administration (VA) benefits. The type of discharge effects everything from monthly VA disability compensation to GI Bill education benefits and VA Home Loan eligibility.  The type of discharge a Veteran receives can equate to thousands of dollars in annual benefits. 

Discharge types fall in a few different categories: Honorable, General under Honorable Conditions, General under less than Honorable Conditions, Bad Conduct Discharge, Dishonorable and Dismissal. Each service has a process to follow to to submit a request to upgrade the discharge.  The two major issues that each Discharge Review Board addresses is whether or not: 1) the discharge was proper and 2) whether or not the discharge was equitable. 
Many Veterans are under the impression that they can simply fill out a VA Form, such as a VA Form 293, and submit a few buddy letters and their discharge will be upgraded.  While this may be the case for some Veterans, most Veterans will need substantially more.   This is where either the local Veteran Service Officer (VSO) or an Attorney can assist.  

Veteran Service Officers may have the time and means to successfully assist the Veteran in the discharge upgrade, but they may not.  Attorneys, such as myself, will have the time to dedicate to your matter, but they charge for their services in most cases.  

An Attorney, such as myself, can review the reason for the discharge and work to convince the Discharge Review Board the command made a procedural error in the discharge process, or that the Veteran was not guilty of the offense the discharge was based on.  Secondly, the Attorney can argue that even if the discharge was proper, it was not fair under the circumstances. Attorney’s and representatives will also submit supporting documentation in the form of letters of reference, medical records, transcripts, and criminal records to supply the Board with the necessary documents to render a favorable decision. 

Statistically the odds are stacked against a veteran seeking a discharge upgrade.  However, that does not mean the veteran should not seek to obtain an Honorable Discharge.  The benefits of obtaining a discharge upgrade far outweighs the cost. If you have a question relating to a discharge upgrade and are in the state of Oregon or are in Southern Washington please feel free to contact Jeremiah Ross and Ross Law LLC at 503.224.1658.

Also, please remember this post is for informational purposes only.  The law is constantly changing and this post should not be relied on for legal advice.  Please consult with an Attorney or Veteran Representative prior to making any decisions relating to a discharge upgrade.  Lastly, this post does not create an Attorney Client relationship.  Call Ross Law LLC If you have any questions relating to this post or any other post on this blog, including personal injury post, DUII post, and Auto Fraud Post.