Can an Oregon Dealer Sell a Vehicle with the "Service Engine Soon" light illuminated?

 I frequently receive calls from people asking about whether or not an Oregon car dealer can lawfully sell a vehicle that has a "Service Engine Soon" light illuminated.    As with many legal issues there is not a clear cut answer to this question.   Typically it is unlawful for a vehicle dealer to sell a vehicle that has the service engine soon light illuminated to a person that will be registering the vehicle in the Portland or Medford Metro Region.  In other words, in most cases if a dealer sells a vehicle to a person living in certain places then the vehicle cannot have a service engine soon light illuminated.   If the purchased vehicle has a service engine soon light illuminated then it is most likely a violation of the Unlawful Trade Practices Act if the vehicle will be registered in the Portland or Medford Metro Region. (ORS 646.608 (1)(u) via Oregon Administrative Rule (OAR) 137-020-0020 (3) (o) see Commentary)

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Image from Oregon DEQ Website

Here is a breakdown of the law:

The Law:  OAR 137-020-0020 (3) (o)'s Official Commentary states: "When a dealer sells a vehicle to an individual that is registering the vehicle in a metro area that requires that the vehicle pass DEQ emissions testing to be roadworthy, the dealer must ensure that the vehicle can pass the DEQ emissions test at the time of sale."

The DEQ Inspection:   The Oregon DEQ operates a Vehicle Inspection Program in the Portland and Rogue Valley areas of Oregon. In these areas, an emissions test is required when registering or renewing a vehicle with Oregon DMV. (ORS 803.350 (4)) The DEQ notes vehicles are the number one source of air pollution in Oregon. Emissions can lead to high smog levels and contain air toxics, carbon monoxide and greenhouse gasses, which can have a variety of effects on Oregonians. The DEQ claims the vehicle Inspection Program is a successful, cost-effective way to reduce air pollution and maintain good air quality.    

The Service Engine Soon Light:  The "Service Engine Soon" light or "Check Engine Soon Light" are lights that are intended to alert drivers there is a problem with the vehicle's On Board Diagnostics (OBD). Sometimes the warning light is simply an illuminated engine symbol. These lights often illuminate when there is an issue with a key engine component or the emissions system.   That is why they are called Malfunction Indicator Lights (MIL). If MIL lights blink or flash then it may indicate a serious engine malfunction.  Some of these issues are quick fixes, but many times they are not.    When there is a problem then the vehicle will issue a "Diagnostic Trouble Code" (DCT) and store it in the vehicle's computer memory.  This code aids a qualified service technician in diagnosing and repairing the problem.  

The DEQ Inspection and The Service Engine Soon Light:  The DEQ will not issue a certificate to a vehicle that has a Malfunction Indicator Light (MIL) illuminated. This is due to the fact the DEQ tests the vehicle's On Board Diagnostics (OBD) on vehicles that are 1996 or newer.  The OBD is a Computer that tracks if the vehicle has any issues. The OBD monitors misfires, the fuel system, certain engine components, the catalytic converter, the oxygen sensor and heater, and EGR valves.  The OBD will trigger the MIL if any of these systems have a problem.   As a result, the vehicle cannot pass DEQ if the MIL is illuminated because the MIL indicates there is a problem with the vehicle's key components or emissions systems.  Therefore, a vehicle with a MIL light illuminated is not "roadworthy" as mandated by (OAR) 137-020-0020 (3) (o).    

Where are the Metro Regions requiring a DEQ Emissions Test:  The DEQ has specific boundaries for the Metro Regions requiring testing.  The Metro Regions requiring DEQ inspections are areas surrounding Portland and Medford (aka Rogue Valley Area).  If you live inside those boundaries and will be registering your newly purchased vehicle then your vehicle must pass a DEQ inspection in order to be "roadworthy."  

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Click on the Image To See If You Are In A Metro Region requiring a DEQ Inspection 

Not All Vehicles Need to Pass DEQ In Order to Be Registered:  Some vehicles do not need to pass the DEQ inspection due to the vehicle's age, type, or where the vehicle will be registered. For more information see DEQ Web-Site or OAR 340-256-0300.

What if The Service Engine Soon Light Illuminates Shortly After Purchase:  A service engine soon light that illuminates shortly after purchase is often indicative of a recent "reset" of the OBD.   Sometimes a vehicle's OBD can be reset by simply removing the battery.   Also   "diagnostic trouble codes" can be reset.  If that is done the MIL will often be turned off once the battery is reconnected.  The vehicle then needs to drive through a driving cycle to determine if there is a problem.  Sometimes this may take a few miles, other times it may take a week or so.  The vehicle's OBD will indicate it is "not ready" if the vehicle is re-diagnosing any issues and is in a drive cycle.  If the vehicle's OBD indicates "not ready" at the DEQ then this is a good indication the vehicle's OBD has been reset recently and prior to the sale. This may be a violation of ORS 646.608 (1), OAR 137-020-0020 (3),  ORS 815.305, and other state and federal regulations.   

The Law Prohibits Disconnecting or Altering Pollution Control Equipment:   If a person disconnects the battery in an effort to reset the OBD then they may be breaking the law.   It is against the law for a person to disconnect or permit someone to disconnect vehicle air pollution devices.  It is also against the law for a person to modify or alter factory installed pollution control systems in a manner that reduces its efficiency or effectiveness.  There are some exemptions to this law.  (See ORS 815.305 for details)

There are many issues that can arise if a vehicle is sold with a service engine soon light illuminated.  Sometimes it is not illegal for a dealer to sell a vehicle with a MIL illuminated, while other times it is.  It is best to consult with a lawyer at 503.224.1658 if you think you were sold a vehicle unlawfully.  At Ross Law LLC we regularly represent consumers that have issues with vehicles being sold with service engine soon lights illuminated.  Also, please remember this post is not considered legal advice, call a lawyer for legal advice.  Furthermore, the law is constantly changing, so please do not rely solely on this post.  Rely on the text of the actual laws, regulations, and rules that apply to your situation.  

Why Is It Important To Remove Leaves From Your Sidewalk?

Fall is here in Oregon.  The nights are cooler, the days are shorter, and the leaves are changing colors.  Many trees are also losing their leaves creating a colorful landscape carpeting lawns and sidewalks.  However, this year we have had record rainfall.   Many of these leaves have become slimy mess blanketing roads, sidewalks, and lawns.   Many people rake the leaves up because they get tracked into the house, and it is also pretty fun for kids.  However the number one reason you should remove leaves is leaves can create a fall hazard for people walking or running on sidewalks and driveways. That is why in most cities the law requires people to remove leaves from their sidewalk.  Yes, that is correct if you don't remove leaves from the sidewalk then you may be breaking your city's or county's laws.      

Many Oregon cities and counties have rules obligating property owners to remove leaves and other debris from the sidewalks and driveways.  If the property owner fails to remove the leaves then the property owner will likely be liable for any injury to a person caused by the leaves or debris on the sidewalk.

For example, in Portland owners of land abutting any street in the city have a duty to maintain the sidewalks, curbs, driveways and parking strips immediately adjacent to their land.  (Portland City Ord. 17.28.020 (A)).  The law then goes on to affirm that a property owner is liable for any and all injuries to a person who is injured as a result of a property owner's failure to keep the sidewalk, curb, driveway, or parking strip in a good condition or in good repair.  (Portland City Ord. 17.28.020 (A)). 

What does this mean for the property owner that doesn't maintain a sidewalk and a person is injured as a result?  The property owner will likely be liable for the person's injuries.  However, most home owner's insurance policies should cover this type of injury. If a person is injured then you should make a claim with your insurance. The insurance company should then compensate the injured person for all of their harms and losses.  This type of incident is exactly what home owner's insurance policies are for.

 What does this mean for a person that is injured by a poorly maintained sidewalk? The property owner's insurance should compensate them for all of their harms and losses that resulted from the poorly maintained sidewalk.  For example, if you slipped on wet slippery leaves and were injured then the property owner's insurance company should pay for lost wages, pain, suffering, inconvenience, loss of enjoyment of life, and Medical Expenses.  Some insurance policies also have Medpay coverage which is no fault coverage.  Medpay provides an amount to pay medical bills regardless of who is at fault for the injury.     

Many Oregon cities and counties have a code similar to Portland's.  Here is a list of laws for a handful of Oregon cities mandating property owners to maintain sidewalks in a safe manner.  In other words if you live in one of the cities below and you don't remove excessive leaves on your property 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 - 2-040

The list above is obviously not exhaustive and will likely change as time goes on.   If you have a question about a particular city's or county's sidewalk ordinance please call me at 503.224.1658 to discuss the issue.  

If you or someone you know has been injured as a result of a person failing to maintain their sidewalk call me at 503.224.1658.  Ross Law LLC is always happy to provide Free Personal Injury Consultations.  Please remember the law is constantly changing, so don't rely solely on this post.  This post is not to be intended as legal advice and it is best to consult with an attorney.  This post, this blog, and this website may be considered legal advice. 

What You Need To Know Before Putting Your Kid on a Bike

The other day I was loading my son into his bicycle seat when he said in his demanding toddler voice, "I need my helmet."   I was a proud dad at that point, because I realized that all of the nagging and fussing over him wearing the helmet is a thing of the past (for now at least).  Helmets are only one issue when taking kids on bikes and Parents should be familiar with the various issues that effect the tiny people on bikes.  Below are some of the issues I think every parent should know before putting their kid on a bicycle.

1) Helmets are Required for kids riding a bike:  I represented a five year old that was hit by a car as the tiny little guy was crossing the street.  He was dragged roughly 15 feet underneath the car, but miraculously his injures were limited to a broken arm and an severely injured knee. The little guy's helmet was obliterated, but doctors confirmed he did not have a head injury.  The helmet had most likely saved this little guy's life.  We all know they are a good idea, but it is also Oregon Law that kids under the age of 16 must wear a helmet when riding a bicycle. Specifically, ORS 814.485 requires kids to wear a helmet when riding a bike.  If the child does not wear a helmet then they can be fined.  

2)  Helmets are Required if the Kid is Riding as a Passenger on a Bike:  I use both a bike seat and a trailer to transport my little guy.  Either way my son is required to wear a helmet while he is a passenger on a bike.  ORS 814.486 requires passengers on bicycles who are under the age of 16 to wear a helmet. The parent can be fined if they violate this law.  The parent can also be fined for violating the law that mandates a child under the age of 16 must have a helmet while on a bicycle.  This can result in two fines.

3) There is Only a Limited Exemption That Allows Kids to Ride Without a Helmet:  The law exempts kids from wearing helmets if wearing a helmet would interfere with the child's religious beliefs. ORS 814.487.  

4) If Your Kid Was Injured and Wasn't Wearing a Helmet, an Insurance Company Should NOT use That To Reduce The Amount of Compensation Your Child Receives:  Although it is the law that a kid under 16 must wear a helmet, the law is forgiving in the fact that it prevents the jury from learning the kid wasn't wearing a helmet in a Jury Trial or Arbitration.  ORS 814.489    This prevents the insurance company from blaming the injured child or the child's parents for not wearing a helmet.  An understanding of this law is key in obtaining maximum compensation for a child who was injured while riding a bicycle.

5) There Is Not An Minimum Age to Ride As a Passenger on a Bicycle: When my son was a tiny little guy I was eager to get him on the back of the bike.   I tirelessly researched the minimum age required for a little person to ride as a passenger on the bike.  Not surprisingly, there is not a law in Oregon mandating a minimum age for a kid to ride as a passenger on a bike.  Our pediatrician was also unaware of any hard and fast rules regarding the age of a kid to ride a bicycle.  There is a dearth of information on the issue. However, she suggested that at a minimum a baby should be able to comfortably hold their head up for a long period of time.  This is important because the tiny person's head gets jarred around on the bike.  They need the strength to protect their neck and brain from the little trauma that occurs while going over a bumpy road.  Also, their brains are not completely developed and the constant jarring can effect brain development.  Wearing a helmet can complicate things because they can tweak the spine and push the head forward in an unnatural position.   The linked article has a more thorough explanation regarding the various health issues that may arise while riding with small kids on bikes.   In the end my son was a little over a year when he started riding with us. 

If you have any more questions or concerns about Oregon's bicycle helmet laws please call me at 503.224.1658.  Also, if you or someone you know are injured by another while riding a bicycle, please call Ross Law LLC at 503.224.1658. PLEASE REMEMBER this post does not constitute legal advice.  Do not solely rely on this post.  Also, the contents of this post is based on my own personal experience, and please rely on medical professionals to advise you of the best time to put your kiddo on a bicycle.   Lastly, this post, this web-site, and this blog may be considered attorney advertisement.

Confronting Myths About Car Crashes, Insurance Companies, and Lawyers

Last night I was sitting at a bar waiting to meet a friend when I overheard a conversation.  The two guys next to me were discussing a car crash their friend had recently been involved in.  The guys discussed how the crash occurred and the subsequent events. 

The tall guy was animated in speaking about the crash.  He described Airbags deploying and it sounded as if their friend had been broadsided by another vehicle at an intersection.  The tall guy noted that his friend did not feel immediate pain, but that was normal because he was "all amped from the crash."  The friend went to the hospital the next day just to get checked out.  The tall guy said his friend was diagnosed with "whiplash" and may have to go through some "physical therapy or something."  The tall guy also went on to say the friend was worried about payment of medical bills.  The two guys continued to talk about expensive healthcare and then the subject switched to insurance.  

The tall guy also said the insurance lawyer called his friend and said they would offer $1,000.00 right away and that is all his friend would get.  The insurance "lawyer" said his friend couldn't have been hurt if he didn't go to the doctor right away,   Then the conversation  switched to greedy lawyers and that no lawyer is going to take his friends case because his friend doesn't want tens of thousands of dollars.  His friend basically just wants some money for medical bills and a little extra.  His friend can't pay a lawyer, so he is going to just deal with the insurance company "lawyer."  

The entire time I was biting my tongue because of all the misconceptions and wrong assumptions about his friend's case.   I wanted to interject, but I didn't because it was clear these guys were not fans of lawyers and probably would be a little annoyed with some pencil pusher interrupting their conversation.   After listening to these two young gentlemen it became apparent the insurance companies' propaganda machine has been doing a great job on conditioning these guys.    Insurance companies have confused people about their rights and obligations after a crash.  This blog article will address some of the confusion created by insurance companies:

1) The Friend Didn't Feel Immediate Pain After Crash:   The guy was right when he said his friend was "amped" so he didn't feel any pain.  I am not a medical professional, but my understanding is many soft tissue injuries  do not result in immediate pain.  Many times the injury will manifest a day or two later.  

2) The Friend Is Worried About Crash related Medical Bills:  Personal Injury Protection benefits are available to pay the friend's medical bills.  This means the friend has $15,000.00 of no fault insurance to pay all crash related medical bills incurred up to a year after the crash.   For more information read my blog post addressing PIP issues. 

3)  The Insurance Company's Lawyer Called His Friend:  It is rare in a case where a person has soft tissue injuries to have a lawyer contact the injured person.  Most likely the insurance company person was an insurance adjuster.  These adjusters sometimes like to think they are lawyers, but in reality they have little, if any, formal legal education.  Many adjusters have little formal education.  It is important to remember the insurance adjuster's sole mission is to ensure the insurance company pays out the minimal amount to any injured person that is making a claim.  Some are honorable and may make a fair offer, but many do not.  It is also important to remember there is no requirement that an injured person speaks to an insurance company adjuster or lawyer. For more information on insurance company phone calls read my blog article.  

4)  A thousand Dollars is The Most You Can Get for Soft Tissue Injuries:  Again, that is not true.  The insurance adjuster is trying to convince the friend that his case does not have any value in an attempt to hoodwink the friend into settling for pennies on the dollar.   The case may have substantial value if there are permanent soft tissue injuries or there are other injuries that have yet to be diagnosed.  Insurance Companies try to settle cases quickly in an attempt to prevent people from making large damage claims or speaking with a lawyer. If you have settled the case and realize you were hoodwinked you should call me at 503.224.1658.  There may be a way to set aside the settlement and pursue your claim for money damages.

5)  The Friend Couldn't Have Been Hurt Because He Didn't Go To The Doctor Right Away: Insurance companies often use this line, but I don't think people actually believe that.   They call this a "gap in treatment" or "delayed treatment." Most Oregonians are tough hard working folks that would rather be working or trying to get better on their own rather than going to the doctor over some pain in their neck.  However, once they realize the pain is worse than anticipated or is not going away, then they seek medical attention.  This is perfectly reasonable even if it is a few days or weeks after the crash.

6)  No Lawyer Is Going to Take the Case because It is Not Worth Tens of Thousands of Dollars:  There are numerous Oregon Personal Injury lawyers that are eager to take small cases valued at $10,000.00 or less.  I represent many people on these smaller soft tissue cases.  These cases are common and there is a way for the lawyer to make money on the case and the injured person to receive full compensation for their injury without the lawyer taking a cut of the settlement or award. If you have more questions about small cases then you should read my blog article on the issue.  If you think you have a case but are concerned it is too small call me at 503.224.1658.  It will not cost you anything as I provide free personal injury consultations.

7) His friend Can't Afford A Lawyer:  I take almost all personal injury cases on a contingent fee. What this means is I don't get paid an attorney fee unless we prevail.  My personal injury clients do not pay my hourly rate.   For more information on how attorneys get paid see my blog post on the issue.   

Hopefully this post will address many of the misconceptions that people have about personal injury cases.   People shoudl be informed when they are injured in a car crash.  They do not need to rely on the insurance companies to take care of the crash and make a "fair" offer.  Injured people should seek an attorney to assist them with their claim.  

If you or someone you know has been injured in a car crash please call me at 503.224.1658.  Ross Law is happy to provide free personal injury consultations.  I also work on a contingency fee in personal injury matters.   Legal Stuff:  This post is not to be considered legal advice and does not create an attorney client privilege.   This post, website, and blog may be considered ATTORNEY ADVERTISING.

Cops are Getting Crafty To Catch People Using Phones While Driving:

Oregon outlawed using your cellular phone device while driving a few years ago.   Basically the law states that if you are going to use a phone while driving then you must use a hand's free device.  This is due to the fact that there are too many preventable crashes caused by people distracted by their phones.    In Oregon, fatalities and crashes causing serious injuries are on the rise.   You have to think that texting or using a phone while driving has something to do with this.  Law Enforcement officers are combating driving with cell phones in innovative ways.

Law Enforcement officers are now deploying interesting tactics to catch and fine cell phone users. For example law enforcement officers are using Semi-trucks so they can look down into people's vehicles to catch driver's using their cell phones.  The officers then radio for a patrol car to stop the offending texter.  Other police agencies are using under-cover pan handlers to hold signs at traffic lights.  These undercover officers then radio uniformed officers to inform the uniformed officers that drivers are on their phone.  Officers are getting pretty sneaky in an effort to keep people off of their phones while they are driving.  

Officers should not have to do this.  It is against the law in Oregon (ORS 811.547) to use your cellular phone while driving without a hands free device.   You cannot text, check emails, play angry birds, or watch movies while driving.  It is common sense. However, if a driver chooses to ignore the law regarding driving with cellular phones then they must be held accountable for any harms they cause and cited by law enforcement.    This is one of the few weapons law enforcement has to keep our streets safe.  Please drive safely and stay off the phone!

If you or someone you know has been injured by a distracted driver, please call me at 503.224.1658.  I am happy to offer a free personal injury consultation.  Please remember the law is constantly changing and law enforcement officers may not be allowed to conduct undercover activities in Oregon that take place in other states.  Please consult with an attorney, as this post is not intended to be legal advice.  This post, website, and blog could be considered ATTORNEY Advertising. 

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.