Who Is Liable if there is a Foreign Object in Your Food That Injures You In Oregon?

I read in the paper this morning that Tyson Foods has recalled thousands of pounds of chicken nuggets because they have hard pieces of plastic intermixed with the nuggets.  These pieces of plastic are considered "foreign objects."  Foreign objects can pose a danger to people that bite into the nuggets (broken or fractured teeth) or health complications if the plastic is swallowed (choking, tears in the esophagus, damaged tissue in the gastrointestinal track).  Some of these injuries can result in serious health complications.  When those complications occur medical bills can pile up to the tens if not hundreds of thousands of dollars.   So who is responsible for paying the medical bills if there is a foreign object in your food? Who is responsible for compensating the injured person for all their harms and losses that resulted from the foreign object in the food?  In Oregon both the manufacturer, distributor, and seller may be liable.   

Oregon, like other states, has laws that are "products liability" laws to protect consumers.  ORS 30.920 is the Oregon Law that basically states a seller of any product in a defective condition, unreasonably dangerous to the consumer, is subject to liability for physical harm to the consumer if the seller is engaged in the business of selling such a product, and the product is expected to and does reach the consumer without substantial change in the condition in which it is sold.  This also applies to manufacturers.  (See ORS 30.920 (3) and Restatement (Second) of Torts Section 402A Comments a to m (1965).  What this means is the company that made and/or sold the food may be liable for the harms and losses they caused.

Oregon also has a law that prevents companies from manufacturing, selling, or delivering any food that is adultrated. ORS 616.215(1).  Having something in your food that shouldn't be in your food can be food that is adulterated (i.e. altered).  As a result, manufacturers and sellers of food may be liable to the injured person for breaking this law. 

 Other theories that may allow the injured person to hold the wrongdoers accountable are typically: Negligence and Breach of Implied Warranties, and maybe some consumer protection statutes depending on the facts.  The bottom line is if you are injured by a foreign object in your food then the seller and manufacturer may be liable.   

If you, or someone you know, is injured by a foreign object in food, then please call me at 503.224.1658.  Ross Law LLC is always happy to provide free personal injury consultations.  I also typically work on a contingency fee in these cases, so I will only be paid if you receive compensation.  Please remember the laws are constantly changing and this web-site, blog, or post should not be considered legal advice and could be considered Attorney Advertising.   Please consult with a lawyer if you have any questions about an injury you suffered and who may be liable for your injures.   Do not simply rely on this post. 

WHY YOU SHOULD OPT OUT OF SQUARESPACE's ARBITRATION AGREEMENT

If you have a square space account like myself then you may be subject to an arbitration agreement and you may have waived your right to participate in a class action if things go bad.   This is due to the fact that Square Space's Terms of Service include an extensive Arbitration Clause and a Class Action Waiver.  

Why is Arbitration Terrible for Consumers:  Arbitration is terrible for consumers because it is expensive, the rules of evidence usually favor the business, and the arbitrators know that if they rule in the consumer's favor then the business (squarespace) may not choose them as an arbitrator again.  The consumer usually only has one case to arbitrate where squarespace may have hundreds or thousands of cases.   In my experience, arbitrators will throw the business a bone on cases that are good for consumers.  Sometimes it may be a reduced award (amount of money the consumer receives) other times the arbitrator will cut the award of the consumer's attorney fees.    The big issue with arbitration can be cost.  Many people cannot afford to pay the arbitrator's fees that can be thousands and thousands of dollars.  SquareSpace chose to use "Jams"  and this means that the consumer must pay $1500.00 to open their case with Jams plus the arbitrator must be paid an hourly rate.  That is why you should OPT OUT OF ARBITRATION AND THE CLASS ACTION WAIVER.

How Do You Opt Out of the SquareSpace Arbitration Agreement?  It is easy and takes two minutes at most.  Here is what Squrespace requires as of September 27, 2016 (this may change in the future):

“6.3. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us atarbitration-opt-out@squarespace.com within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 16.3, then Sections 16.2, 16.4, 16.5 and 16.6 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 16.8 (Judicial Forum For Disputes; Time For Filing), 16.9 (No Class Actions) and 17.2 (Controlling Law). If you have any questions about this process, please contact legal@squarespace.com. ”

— SQUARESPACE TERMS OF SERVICE

That is it.  If you have any questions about arbitration agreements feel free to call me at 503.224.1658.  Ross Law is always happy to assist consumers that may have been ripped off.   Please remember this post is not to be considered legal advice and may be considered ATTORNEY ADVERTISING.  ALSO, PLEASE RELY ON SQUARESPACE'S TERMS AND CONDITIONS, as this post may be outdated.   

Things You Should Know if You Were Injured at an Oregon Pumpkin Patch:

This weekend my wife and I took our little munchkin to Sauvie Island to explore one of the various pumpkin patches scattered about the island.  My toddler's mind was blown by all of the amazing things at the pumpkin patch.  There were tractors, hay-rides, cow-trains, stacks of hay bails to play on, mazes, corn mazes, and he loved romping around in the pumpkin patch looking for his prized miniature pumpkin.   All of these activities are a ton of fun, but some of them can be dangerous.  

Some of these activities can be very dangerous if the property owner does not do their job to keep the property safe.  Pumpkin Patch owners have a responsibility to keep their premises in a reasonably safe condition.  They should be inspecting their property for dangerous conditions.  They should also be warning people of dangerous conditions.  If they do not then they may be responsible if a person is injured on their property.   These pumpkin patches should be insured and their insurance should be paying medical bills and compensating the injured person if they didn't provide a safe experience.

What should you do if you, or someone you know, is injured at a Pumpkin Patch:

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. Keep any tickets to any activities at the pumpkin patch;
6. Notify the property owner of the incident;
7. Take photos of the entrance to the pumpkin patch and ensure you know the address of where you were injured (look on your smart phone or ask someone that works there)
8. If you are injured by a tractor or a ride, make sure to get the pumpkin patch's employees full name that was driving the equipment.
9. Attempt to get the pumpkin patch's insurance information and determine if they have a "no fault" or "medpay" provision in their policy.
10. Call an Oregon Personal Injury Attorney like myself at 503.224.1658.

Just like in Maine, New York doesn't have an official system in place that would define a hayride as safe or unsafe.

The Pumpkin Patch Had Signs Noting I was Assuming the Risk of Personal Injury, Can I Still get Compensation?  That is a good question, and it may or not deprive you of your right to get compensated for your injuries.  It will all be dependent on the facts and the sign. Some activities are so dangerous that a sign cannot alleviate the property owner from responsibility.  However, some signs may be enough to prevent an injured person from getting compensated for their harms and losses.  Call a lawyer, like myself, if you have any questions. 

The Pumpkin Patch's Insurance Company Wants a Statement, Do I have to Give it to them?  Typically no.  Read my previous blog article on the issue here.

The Pumpkin Patch's Insurance Company Says I Cannot Be Compensated Because of "Recreational Immunity."  Is that True?   It may be.  Oregon's Recreational Immunity Laws (ORS 105.668, et seq.)  basically state that if a land owner allows people on their property for certain recreational activities then they are not responsible if a person is injured as a result of the property owner's negligence.   However, it does not apply in all situations.  One of the main things that may prohibit this defense at a pumpkin patch is when the land-owner charges a fee to participate in an activity on the property.  Oregon's Recreational Immunity statute can be difficult to interpret, so please call an Oregon Personal Injury Attorney, such as myself, at 503.224.1658 if you have questions about Oregon's Recreational Immunity Statute.

The Pumpkin Patch's Insurance Company Says I am At Fault for the Injury, So I have to Pay All of My Medical Bills. Is that True?   It may be.  Oregon is a modified comparative fault state. (See ORS 31.600)  What this means is that if you were more negligent than the property owner or other party(ies) then you cannot be compensated for your harms and losses. However, there maybe an insurance policy that allows for no-fault compensation (usually $5,000.00) to repay medical bills.   If this issue comes up then call an Oregon Personal Injury attorney at 503.224.1658. 

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.  

Do you Need to Fill Out a Form To Notify DMV if You Have a Car Crash In Oregon?-Link to DMV Form Attached

My wife and I were driving home yesterday on Mclaughlin Blvd near Holgate when we saw this:

All Three Cars In Crash Should Fill Out DMV Form

This was a three car rear end collision.  The vehicle in the back received the brunt of the damage.  Everyone looked as if they did not have any immediate serious injuries, and there was not any emergency personnel on scene.  This is exactly the type of crash that one driver may not report to the Oregon DMV, because they didn't think it was serious enough.  Most likely the driver in the car in the front, would not think to report the collision because their car had minimal visible damage.  However, this may be a mistake because the rear car was likely towed from the scene and had more than $2500.00 of property damage.  The information below should be useful to people like those involved in the crash above.

“DRIVERS INVOLVED IN CRASH MUST FILL OUT THE OREGON TRAFFIC ACCIDENT AND INSURANCE REPORT IF:
1: Damage to your vehicle is over $2500.00
2: Any person is injured (even minor injuries)
3: Any person is killed
4: Damage to any person’s property is $2500.00
5: Any vehicle has damage over $2500.00 and any vehicle is towed from the scene because of crash.”

— Oregon Department of Motor Vehicles

The DMV Accident and Insurance form is very self explanatory.  A link to DMV form 735-32 is here:

Do I Have To Fill Out the Insurance Information?  Yes, it is important to do so.  If you do not fill in the Insurance Information on the DMV form the DMV may consider you uninsured.

Where Do You Mail the DMV Form? After completing the DMV Accident Form you MUST Mail or FAX the form to Accident Reporting Unit, DMV, 1905 Lana Ave NE, Salem OR 97314.

Can I Fax The Accident form to the Oregon DMV?  Yes, as of today's date the fax number is 503-945-5267.

Can I Deliver the Form to a DMV Office?  Yes.

Do I Use the same DMV Accident Form (735-32) if I was driving a Commercial Vehicle?  Yes, but you also must fill out and file DMV Form 735-9229 (Motor Carrier Crash Report) within 20 days of the commercial vehicle crash.

If you, or someone you know, has been in an Oregon Car crash call me at 503.224.1658.  Ross Law is happy to address any questions you may have regarding the Oregon Accident and Insurance form.   Please remember the links and the law regarding forms are constantly changing.  PLEASE CALL A LAWYER and DO NOT RELY SOLELY ON THIS POST.  This post, this blog, and this web-site may be considered Attorney Advertising. 

Is It Difficult to Become an Oregon Lawyer? Oregon Bar Exam's Historically Low Pass Rate

People often ask me if it is difficult to become a lawyer.  I really did not think it was that difficult to become a lawyer, it just took a lot of hard work.  The work was manageable and similar to someone that is working long hours or two jobs.   However, there is also the Bar Exam. Bar exams are the State's crucible meant to see if you have what it takes to become a lawyer.  The test seems to be difficult for many people and was not easy by any means.  Having taken both the California Bar Exam and the Oregon Bar Exam.  I have a unique perspective on the Oregon bar exam. 

Bar Exams are difficult multi-day tests that involve questions on various areas of law.  In California it was a three day test and in Oregon it was a two day test.  These test take an enormous amount of time to prepare for and they are expensive to take.  After passing both exams I am not sure they should be a requirement to practice law, but the politicians/lawyers apparently find some value in the test so here we are.

My suspicions on the value of the test were confirmed this Summer when the July 2016 Oregon Bar Exam results came out.  The Oregon State Bar Website notes only 58% of the people that took the Oregon Bar Exam passed it.  This is a historic low bar passage rate.   You have to wonder why the pass rate was so low.   I was always told that if a few students failed a test it was a problem with the students, but if numerous people failed the test then it is a problem with the test.   I think that may be the issue here, but apparently their is a trend of low bar passage rates around the Country.  

Could this be because portions of the test are standardized by Corporations?  Could this be that Law Schools are doing a lousy job preparing students to take the Bar Exam?  Could this be that the States are increasing standards to keep lawyers from flooding into a particular state.   I don't know the answer to these questions but I am sure there are some savvy law students that are eager to investigate these issues.

Congratulations to all of the people that took the Oregon and California Bar Exams.   

Jeremiah Ross

Should I go to the Doctor if I was in a Car Crash and Will it help my Personal Injury Case?

As an Oregon Personal Injury Lawyer, I often get calls from people that have just been in a car accident.  Some people do not go to the Emergency Room or Hospital right away.  Some people do not.   Many of the people that do not go directly to the Emergency Room will often ask "Should I go to the Doctor?"   That is not an easy question to answer because I am a lawyer, not a doctor.  As a result I have to defer to the professionals, the health care providers.

However, if you think you may be injured you should immediately see a health care provider.  If you are sore and the pain is getting worse, you should see a health care provider.   If you have any doubts about whether or not you are injured, GO TO THE DOCTOR!   It doesn't hurt.   This is important for many whiplash or soft tissue injuries, because it is my understanding they can actually get worse with time.  Also, there may be a slipped or herniated disc that may not develop symptoms immediately after the crash.   If you think you are injured see a doctor and get checked out to determine the extent of your injuries.  

Who Pays for the Doctor's Visit? If  you are in a car crash in Oregon You have Personal Protection Benefits (PIP), that will cover up to $15,000.00 of medical expenses incurred from one year from the date of the crash.  What this means is that "I can't afford to go to the Doctor" is not an excuse for not seeking medical treatment if PIP is available.   You pay for those benefits, so you should use them. 

Will going to the doctor help your personal injury case?  It depends, but typically yes.   Insurance adjusters need to document their file to substantiate any offer or decision they make.  If you make a claim for damages and you don't have any documentation regarding your injuries, the insurance adjuster will be pretty reluctant to offer you full compensation for your injuries.  This is because the insurance company does not have any medical evidence to justify an offer they give you.  

The bottom line is, remember most lawyers are not doctors.  If you think you are hurt or need to be checked out by a medical professional SEE A DOCTOR or medical professional!  

If you need a lawyer CALL ME at 503.22.1658 for your free personal injury consultation.  Ross Law LLC is happy to discuss your personal injury case with you and give you the details regarding your Personal Injury Protection benefits.   Please remember I AM NOT A DOCTOR!  This is not to be considered legal advice or medical advice.  If you think you need a doctor then please see a medical professional.   Please remember this blog, this post, and this web-site may be considered ATTORNEY ADVERTISING!

Who Will License Cars Driven By Computers? The Licensing Dilemma of Self-Driving Cars

I have previously blogged on self-driving cars and the dangers they pose to Oregonians.  Currently Oregon does not have any current rules, regulations, or laws governing self-driving cars.  Most states are like Oregon and are lagging behind the technology.  This is dangerous, because by the time Salem cuts through their gridlock to figure out how to regulate a tech-industry, the technology will have most likely morphed into something entirely different.  As a result, the Obama Administration recently affirmed they intend on exercising Federal Authority to regulate self-driving vehicle technology. 

Video-from Youtube and Google-We started designing the world's first fully self-driving vehicle to transform mobility, making it easier, safer and more enjoyable for everyone to get around. Now we're ready for the next step of our project: this summer, our prototype vehicles will leave the test track and hit the familiar roads of Mountain View, California, with our safety drivers aboard.

This is an interesting issue, because traditionally Oregon and other states have regulated drivers.   However things change when the car is driven by a computer.  Many states don't have the infrastructure, resources, and tech savvy employees that can implement meaningful policy guidelines.   Many States are becoming very close with driver-less car manufacturers in hopes to spur economic growth.  For example, Michigan is considering auto manufacturers to allow drive-less car testing on roads, but the cars would not need brakes or pedals.  

Also, if different states promulgate different driver-less car rules then it may prevent driver-less cars from interstate travel.  This may impair interstate commerce. It will be interesting to see how this plays out.   I anticipate some heavy handed litigation between manufacturers, the federal government, and State and Local governments.   

If you, or someone you know, has been in  a crash with a driver-less car or self-driving car, please call me at 503.224.1658.   Ross Law LLC is happy to provide free personal injury consultations.  Also, Ross Law does not collect a fee in personal injury cases unless you recover from the at-fault party. Please remember that the law is constantly changing, and this article may be outdated.  Also, this article, this blog, and this web-site is not intended to be legal advice.  This post may be considered ATTORNEY ADVERTISING!

Why Are There So Many Car Crashes When it Rains? Deadly Rainy Weekend in Oregon

Summer is slowly slipping away and the rain is starting to infiltrate our daily forecast.  With it comes the first rains of the season.  This weekend there was unusually heavy rain throughout Oregon.  This rain is being blamed for at least four deadly car crashes in Oregon.   Why were there so many tragic car crashes in a short period of time?

People often wonder why the roads are so deadly in the fall.   Especially in Oregon where we should be used to driving in the rain. As a personal injury attorney who regularly meets with people that have been injured in crashes, I think I have some unique insight on the causes of many of these crashes.   I believe many of the rainy day crashes are a result of:

www.2people1life.com a bit of our drive along the rainy Oregon coast, didnt let up for 2 days

Excessive Speed:  Most people drive too fast in rainy weather.   This is especially true when the rains are early in the season.  People are still accustomed to driving in dry weather, and don't adjust their speed..  As a result, more crashes occur.  If you are wondering how fast you should go in the rainy weather, read my previous blog article on the issue.   

Following Too Closely To Vehicle In Front of Them:  Cars require more distance to stop on wet roads.  This is due to the fact the tires don't have the same traction on a wet road as they do a dry road.  As a result, if people do not adjust their driving by leaving more space between their car and the car in front of them there is likely to be a rear end collision.  

Roads are Slippery During First Rains of the Year:  People in the "Know" call the first rain of the season the "first wet."  The first rain of the season can cause the roads to be especially slippery because the oil that has dripped off of cars, the dirt, and other debris has accumulated over the summer months.   When it rains the oil, dirt, and debris cause the roads to become incredibly slippery.   This is actually supported by science.  Click here to learn more.  

People Do Not Maintain Their Vehicles:  Windshield wipers, tires, headlights, and brakes are all imperative in rainy weather.   Many people do not maintain the wipers, tires, and brakes during the summer because the vehicle appears to be working correctly.  However, once a person turns on the wipers and they don't clear the windshield then the driver will have some real visibility issues.  Also, bald tires create hydroplaning and can result in a vehicle driving off the side of the road and increased stopping distances.

Standing Water and Clogged Drains:  The leaves have just began to fall.  These leaves often clog drains and cause large puddles to form on streets.  Drivers that drive too fast through them will often hydroplane and lose control of their vehicles.  This can result in injury to the driver or other people.

Leaves on the Ground:   In the fall,  many Oregon neighborhoods are carpeted by leaves falling on the ground.  The roads can become very slippery when they are covered by west leaves.   As a result, a vehicle has reduced traction while driving on leave covered roads. 

These are just a few of the many reasons why these first rainy days of the season can result in dangerous roads.  In order to protect yourself and others while driving on these rainy roads it is important that you SLOW DOWN, maintain your vehicle, and leave plenty of space between your car and the car in front of you.   If you were driving a safe speed and were in a car crash there could be another explanation what caused the crash.   That is why it is important to call an Oregon Personal Injury Lawyer.  

If you or someone you know has been injured in an Oregon Car Crash, please call me at 503.224.1658.  Ross Law LLC provides free Personal Injury Consultations.  Also, you do not owe a fee unless Jeremiah Ross recovers money from the bad driver(s).   Please remember this blog post is for information only.  It is not to be construed as legal advice.  This blog, this blog post, and this website may be considered ATTORNEY ADVERTISING!