Injured by Fireworks-What do you do to figure out who is responsible?

The Fourth of July is here.  It is "Merica's" birthday and a day of celebration.   Many celebrations in Oregon involve alcohol, and usually end with a small fireworks display.   Fireworks are legal here in Oregon, but that does not mean they are without their dangers. 

It has long been known that fireworks can injure, maim, or kill people.   While working as a deputy district attorney our office prosecuted a local law enforcement officer for lighting off fireworks that injured a child. The child was maimed for the rest of her life, and the law enforcement officer lost his job and his life will never be the same.   This is just one tragic example of many where people are injured by fireworks.  

Many things can cause these injuries and property damage.  A lack of common sense, intoxication, a defective product, or a combination of these factors can lead to these injuries.  Most people jump to conclusions that the lack of common sense is responsible for causing the incident.  However, that may not always be the case.  

This leaves the question of what to do if you, or someone you know, get(s) injured by fireworks?  People usually start to ask this question when they are trying to figure out who is going to pay for the tens of thousands of dollars in medical bills?   These tips may help you investigate the incident.

1) If the injury is severe, call 911.  The injured person must get immediate medical assistance.  Burns are nasty injuries that can become infected, and the injured person may not feel immediate pain.  Especially if there is alcohol involved. Also, getting emergency responders involved may assist you in investigating how this occurred. 

2) Take photos of the firework or firecracker.  It is understandable that the injured person won't be doing this, but this is key information.  Try and get clear photos of the "fine print" or any other label that may have survived the blast.  If you can find the packaging for the firework get photos of it as well. 

3) Take photos of the scene and surrounding area where the incident occurred.   This may assist people in figuring out how the person was injured by a firework.

4) Get witness information.  Ensure you have a list of who saw the firework injure the individual. Make sure you gather their contact information so you can find them in the future if needed. 

5) Gather photos and video from earlier in the evening.  With the prevalence of cell phones most people are filming or photographing anything remotely interesting these days.  There is likely a person that has a photo or a video of the injured person or earlier fireworks displays.  This may be important information to obtain.  For instance, if an insurance company denies compensation to the injured party by claiming the injured person was drunk, a video showing the person sober would be nice evidence to have to rebut that.  Also, a video of other fireworks being lit off that didn't have an issue might be useful in showing that a particular firework was defective. 

6) Gather the remnants of the firework that injured the person.  This may or may not be possible, but the paper scraps and plastic pieces may be valuable evidence to help locate the firework manufacturer etc. 

7) If the injury occurs on private property, try and obtain the property owner's insurance information. This insurance information may be beneficial in helping you get your medical bills paid.  

This list is not exhaustive.  There are other things that you might do to assist you in preserving evidence to determine who is at fault for the injury.  However, this list should get you thinking about how to preserve evidence in the case you need to hold another party responsible for the injury.   Read my blog article if you want to figure out who may be responsible for the injury.

If you or someone you know has been injured by the negligence of another please call Jeremiah Ross at 503.224.1658.  Please call Ross Law today for your free personal injury consultation.  Also, please remember to take this advice with a grain of salt, as every situation is different.

CLIENTS RECEIVE (ALMOST) FREE CARS AFTER BEING RIPPED OFF BY A DEALER!

Sometimes the stars align and I am able to achieve incredible results for my clients.   A recent case involving a car dealership that ripped off my clients is one of those instances where we somehow pulled off the impossible.  I don't know if I will be able to achieve the same results in a future case, but it feels good to make things right for my clients. 

My clients were ripped off in the purchase of two vehicles last year.   They had difficulty making payments on the vehicles and defaulted on the loans that totaled roughly $45,000.00.   Meanwhile we were involved in litigation with the dealership who denied any wrongdoing and attempted to paint my clients as deadbeats who could not pay their bills.   It took over a year to litigate the matter.  In the meantime, lenders were threatening to repossess the vehicles and sue for the deficiency.   

My clients prevailed in a private arbitration hearing, and the arbitrator awarded my clients over $40,000.00 plus attorney fees, and costs.  The award was based on the dealership violating Oregon's Unlawful Trade Practices Act (UTPA) and the Truth In Lending Act. Punitive damages were sought, but not awarded.

  In an effort to escape being held accountable for the judgment, the dealer then claimed they were going to assert Bankruptcy.  When a dealership files for bankruptcy it can put a stay on any debt collection efforts, so the filing must be taken seriously.  This is where things became interesting and a lot of posturing occurred between the parties.   While the parties were posturing, I had researched the law on the various ways this may play out.

At the end of the day we were able to collect roughly $25,000.00 from the Bond Company.  The dealership agreed to purchase the vehicles from the lenders and relinquished title to the vehicles to my clients full and clear of any encumbrances. That is just a fancy way of saying the dealership agreed to give my clients the vehicles in exchange for my clients not collecting on the arbitration award.   The dealer has managed to avoid Bankruptcy so far. I am not going to divulge the intricacies and maneuvering that occurred to get this done.  However, I believe it is achievable again in a very limited amount of cases. 

If you have been ripped off by an Oregon car dealer, please call Ross Law LLC at 503.224.1658.  Also, remember Jeremiah Ross also represents persons that are injured in car crashes, bicycle crashes, pedestrians that are injured by vehicles, and persons that are injured by the negligence of others.   Please call today for your free PERSONAL INJURY consultation.  REMEMBER: RESULTS MAY VARY!  Just because I could do this for two clients does not mean I will be able to achieve these results for any future clients. 

Sexual Assaults and Taxis-Be Careful Portland

I have previously written about young women that have been sexually assualted and raped by Uber and Lyft drivers.  However, Uber and Lyft drivers are not the only drivers to be concerned with, Taxi Cab drivers can take advantage of a vulnerable person resulting in rape, robbery, and assault. 

This is not a new thing.   In law school my wife clerked at the San Francisco District Attorney's office.  She worked on a terrible case where a San Francisco cab driver picked up a young intoxicated woman from a nice area of town.  The driver then drove the woman to a secluded area and brutally raped her.  He then put her in the trunk of the taxi cab and dumped her body in seedy area of town.   I remember that case, because I had never thought how vulnerable an individual can be when we accept rides from strangers.  Sure the drivers may be "professionals" and may have passed a background check, but that won't weed out all of the bad apples.

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Do not sit in the front seat of a Taxi if you are riding alone with the driver!

Recently here in Portland Oregon another young college student was sexually assaulted by a taxi driver.   The story is similar to the case in San Francisco.  The young intoxicated woman was trying to get home.  The cab driver saw her and offered to take her home.  The cab driver then claimed his GPS wasn't working, so he asked her to get in the front seat so she could provide him directions to her home.  She complied with the driver's wishes, and the cab driver began to drive around for a very long time.  Then he sexually assaulted her.   The young woman will be emotially scarred for life and the driver only ended up getting 10 years in prison. (Oregonian Story)

Portland is a friendly city, so sometimes we have a false sense of security.  However it is important to remember you need to be cautious when using taxi cabs and ride share programs.  Do not get in the front seat with the driver if you are alone.  Always have a cell phone with you and text someone when you get in the vehicle and let them know when you expect to arrive home.   Remain vigilant, and remember the cab company or rideshare company may have been negligent when they hired this person.  

If you have had the horrible experience of being sexually assaulted in a taxi cab, uber car, or lyft car please call Jeremiah Ross at Ross Law LLC to discuss your victim's rights and options. Jeremiah is always willing to discuss your rights as a victim and who may be accountable. The driver's employers may be culpable, so it is important to discuss your case with an attorney to hold everyone accountable and prevent sexual assaults from occuring in the future.   Please call Portland Victim's Rights attorney Jeremiah Ross at  503.224.1658. 

The War on Words-Crash vs. Accident

As the father of a toddler, I constantly hear my son claim intentional acts were an "accident."   My wife and I work hard to explain that throwing sand at another kid is not an "accident" and there is not an excuse for that type of behavior.  I think most parents raise their kids the same way. 

However, at some point in our lives things change.   Employees constantly claim that a screw up was an "accident" or "wasn't on purpose"' so that should mitigate the damages they caused.  As a prosecutor I would hear defendants that injure a person in a DUII crash say "it was an accident."  On the show "Cheaters" (yes I watched it) people would be caught being unfaithful to their loved ones.  My favorite excuse was, you guessed it, "It was an accident, I never meant for it to  go this far."  You have to wonder why people are manipulating the word accident.

 It turns out that the word accident has been manipulated by corporation for over a Century.  Much like the brand "Kleenex" is synonymous with the word "tissue", "accident" has become synonymous with a preventable events, such as a "crash" or " human error".  

As a personal injury lawyer, this makes things a little more difficult for my clients in court.  This is due to the fact that the jurors have been pre-conditioned into thinking the bad driver that crashed into my client caused an "accident."  The defense lawyers/insurance lawyers imply because their client did not intend to run the red light they shouldn't have to pay the full amount of the damages they caused.  Many jurors agree, because that has been the way of thinking for decades.     

It turns out there has been a silent war to replace words involving a predictable event with the word "accident."  The New York Times recently wrote an article focusing on the debate between using the word "crash" vs. "accident."  According to the article, corporations used the word "accident" in their safety campaigns to attempt to absolve themselves of liability.   Car manufacturers used the word in the 1920's to absolve themselves of liability for manufacturing defects.  The word "accident" eventually was forced into our current lexicon by insurance companies and has become synonymous with the word "crash"

Here in Oregon, the word accident has replaced the word crash in our laws.  For example, ORS 811.720 notes "When an Accident must be reported to the department of transportation."   ORS 811.745, notes "When an Accident must be reported to  a police officer or law enforcement agency."  ORS 811.725 describes the penalty for "failing to report an accident." 

Is this a big deal?  I believe it is.  The word crash connotes what actually happens when a vehicle collides with something.  The word crash describes the noise, the twisted metal, the broken glass, and the twisted plastic.  It also better describes the crash was caused by human error.  We need to start taking accountability for our actions like we were taught to do.  Claiming things were an accident that were preventable events caused by human error contradicts everything we expect of our kids. 

If you have been involved in a car crash or if you prefer, car "accident," please call Jeremiah Ross at 503.224.1658.  Ross Law LLC will provide a free personal injury consultation to discuss your Oregon car crash.   Please remember the law is constantly changing and the laws cited above may change in the future. 

Memorial Day-It is a Time of Rememberance

Monday is memorial day.  Many people don't really understand the concept of what Memorial Day is about.  Memorial day is more than a day off to hang out at a barbecue or get great bargains during memorial day sales.  

Memorial Day is a time to remember the various men and women that sacrificed their lives so that we are able to live in this Country.  On Monday I will be thinking about the folks that I knew that died defending our Country, and it would be nice if we all did the same thing. 

Jeremiah 

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. 

Judgment Enters against Portland RV Wholesale for $15,939.12

I recently represented some clients that were ripped off by a RV Dealer.  The dealer denied any wrongdoing.  The arbitrator disagreed, and found Portland RV Wholesale was in violation of the Unlawful Trade Practices Act (ORS 646.608).  The total award was $15,939.12.

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.