Oregon Injury Lawyer Blog

October 10, 2018

Oregon Child’s Death Prompts Overdue Scrutiny At Day Care Center

A recent article in the Oregonian detailed the unfolding story of a four-month-old baby who died at an illegal day care center in Hood River and the disturbing degree of information the state had about it in the months leading up to the tragedy.

The newspaper reports that the baby boy was the youngest of ten children being cared for at the facility. Its owners had their license revoked last year after it emerged that they “gave children ‘little white pills’ of melatonin so that they would sleep during nap times according to court documents.” But after being shut down in 2017 the three owners “soon opened the business back up, this time with a different name.”

All three women have now “been indicted on charges of second-degree manslaughter, criminally negligent homicide and first-degree criminal mistreatment,” according to the paper. Yet that fact does not make the disturbing questions surrounding this case go away. In the wake of the scandal surrounding Southeast Portland’s Sunnyside Sprouts daycare the state was supposed to have put in place better policies. These were designed to address the question of child care providers moving from one jurisdiction to another in an effort to conceal disciplinary action or the suspension of licenses. They were also designed to make it easier for parents to find out about worrying regulatory or licensing issues. The case of Mama Shell’s Daycare (which became “Mama Bear’s”) in Hood River clearly indicates that these new rules are not being implemented in the way most of us thought they would be.

October 1, 2018

New Oregon Law Places Greater Responsibility on Hit-and-Run Drivers

by Matthew D. Kaplan

Sometimes it takes a tragedy to push the legal system to close a loophole. In the wake of a 2013 accident that left two little girls dead, Governor Kate Brown has done just that: signing a new law Thursday that clarifies the legal obligations of hit-and-run drivers.

“Anna and Abigail’s Law” is named in honor of 6 and 11-year old sisters from Forest Grove “who were struck as they played in a leaf pile” in 2013, according to an article in The Oregonian. It requires “drivers who suspect that they may have caused personal or property damage after a collision to report it to police.”

“Lawmakers pursued the change after the woman connected with felony hit-and-run in connection to the case… had her three-year probation overturned by the Oregon Court of Appeals,” according to the newspaper. At the time, Oregon law did not “require a driver to return to the scene of an accident if he or she learned someone was injured or killed after the fact. In granting (the) appeal the court also ruled there wasn’t enough evidence to establish without a reasonable doubt that (the driver) had reason to believe anyone was hurt after she ran over the leaf pile.”

September 25, 2018

Rising Death Toll on Oregon Roads Should be a Call for Action

by Matthew D. Kaplan

The Oregonian puts it bluntly in the very first sentence of a recent article: “The number of people killed on city streets and country roads in Oregon is 13 percent higher so far this year, a death toll driven upward this summer by one of the deadliest crashes in state history.”

The single crash mentioned in that last sentence was an eight-fatality incident last month in Harney County, but, as the article goes on to detail, rather than viewing that crash as a statistical outlier police are concerned because they see it as “part of a worrisome trend this year: Multiple people dying in a single incident.” In all, the state “has seen 12 more fatal crashes than last year, but the number of people killed has increased by 37.” The article (linked below) also includes a table that dramatically illustrates how both road deaths and the number of crashes producing them has changed over the last few years. The increase in both the number of crashes and the number of deaths compared to last year is striking, as is the up-and-down (yet consistently high) nature of the numbers themselves over time.

There are a variety of reasons for this. The newspaper notes that over the last three decades the number of troopers patrolling Oregon’s roads has declined in absolute terms even as the state’s population has grown. The officers who are available focus their efforts on I-5 and other major roads and highways, despite the fact that an increasing number of fatal crashes take place on smaller roads, particularly in rural areas. A state official also tells the Oregonian that “while it’s difficult to prove, distracted driving is likely leading to more deaths and serious injuries.” This is in spite of both education campaigns and recently toughened state laws against distracted driving. And, of course, there is alcohol.

September 21, 2018

State Farm Settlement Shows Power, Importance of Class Actions

by Matthew D. Kaplan

I have written on several previous occasions about corporate America’s systematic attacks on the class action system. A recent news item from the Associated Press offers a positive reason to revisit this topic. As the news agency writes, the huge insurance company State Farm reached a settlement earlier this month “in a federal class action lawsuit claiming the company funneled money to the campaign of an Illinois Supreme Court candidate.”

The preliminary $250 million settlement has its roots in a 1999 case that went against State Farm “for its use of aftermarket car parts in repairs.” Thousands of policyholders had sued the company alleging that its decision to pay for used (“aftermarket”) rather than new car parts when carrying out repairs on their vehicles violated the terms of the company’s contracts with customers. State Farm lost the original 1999 case and was facing the prospect of a $1.06 billion judgement against it. The company appealed, which is obviously it’s right and a reasonable thing for it to do. What was not right and proper was for the company to attempt to fix the final result of that appeal.

With the case making its way toward the Illinois Supreme Court, State Farm allegedly poured money into the campaign of a candidate for chief justice who, once elected, provided the key vote to reverse the trial court’s decision. In 2005 “the court ruled that the nationwide plaintiff class was improperly certified… It also contended using aftermarket car parts was not a breach of State Farm policyholders contracts.”

September 16, 2018

Oregon Bike Lawsuit Spotlights One of Portland’s Most Dangerous Roads

by Matthew D. Kaplan

A lawsuit filed by the family of a Portland cyclist who was seriously injured last December, in the words of The Oregonian, “by a car driving 60 mph in one of Portland’s most dangerous cyclist-vehicle crossings” has filed a lawsuit targeting both the City of Portland and the State of Oregon.

The lawsuit raises questions about the responsibility not only of the driver who struck the 43-year-old Portland bike rider but also about the city and state’s failure to address what has long been recognized as an exceptionally dangerous stretch of road for bike riders. The newspaper reports that the accident took place at a point on North Greeley Avenue where “the southbound bike lane crosses an on-ramp for Interstate-5 – a section where the speed limit is 45 mph but drivers often travel 55 to 60 mph.” According to the court filing (see link in the Oregonian article below) the biker “suffered a traumatic brain injury” as well as numerous broken bones and a collapsed lung, among other injuries.

This accident took place despite the rider checking the ramp carefully. According to the paper, he saw a truck approaching but correctly judged that he had a safe amount of space to make the required cross-over. What he could not see was a car passing the truck at high speed, and failing to heed the bike lane markings.

September 8, 2018

Oregon Workplace Deaths and Third-Party Liability

by Matthew D. Kaplan

A recent Associated Press article about the deaths of two workers building a new luxury hotel in the Orlando area caught my eye because it is relevant to workplace safety discussions that often take place here in Oregon.

According to the news agency, “two construction workers fell to their deaths when scaffolding collapsed as they were pouring concrete on the seventh floor or a 16-story hotel under construction near Disney World.” A fire and rescue spokesman is quoted saying that the scaffolding “gave way” for reasons that are still under investigation, “sending two workers plummeting to the ground below.” The hotel being built was a Marriott, and it was a spokesman for the Marriott corporation who addressed the media in the wake of the accident. As is often the case in the hotel industry, however, actual ownership of the building lies elsewhere. According to the AP the building is actually “owned and developed by DCS investment holdings, a private equity group based in West Palm Beach, Florida.” DCS is also managing the construction project itself, according to the news agency.

While the article does not explicitly make this point, it is also fair to assume that a number of subcontractors are also involved. We do not know for certain whether one of those might be a scaffolding company, but such an arrangement would be the norm throughout much of the construction industry.

September 2, 2018

Eugene Area Accident Spotlights DUII on Holiday Weekend

by Matthew D. Kaplan

As Oregonians and Washingtonians prepared to get away for the holiday weekend a serious drunk driving accident in Veneta, in Lane County west of Eugene, highlighted some of the potential dangers that always accompany Labor Day Weekend.

According to Roseburg TV station KPIC, “a wildland firefighter with a blood alcohol content twice the legal limit crashed her small car into a pickup stopped in a highway construction zone… on highway 126 West.” According to the station the car’s driver was the only person injured in the Oregon DUII accident despite the fact that she hit a car with such force that it set off a chain reaction, leading to a total of four vehicles being involved in the crash. The accident took place at 2am in an area where construction was taking place, and also endangered a flagger who was working on the road, the station reports.

Incidents like this are a reminder of the importance of safe driving, especially on this holiday weekend. According to KPIC the driver who allegedly caused the Eugene-area accident had recently finished a lengthy firefighting shift. Such admirable work, however, cannot excuse driving with double the legal limit of alcohol in one’s bloodstream.

August 22, 2018

Benton County Child Injury Puts Spotlight on Carnival Rides

by Matthew D. Kaplan

A three-year-old girl was taken to a Corvallis hospital last week after falling off a ride at the Benton County Fair, according to a report from Eugene TV station KVAL. An article posted on the station’s website notes that “deputies received reports that the child fell a short distance off a ride that spun in a circle. The child was alone on the ride.”

“Preliminary investigations have revealed that the lap restraint meant to secure the child failed,” the station writes. “After the accident, the ride was shut down.”

We are at the time of year where traveling carnivals and county fairs are regular fixtures of American life. As such, this accident is a reminder of the degree to which regulation of these potentially dangerous rides varies significantly from state to state (and, to some extent, within states). As a 2016 article from The Oregonian noted: “When it comes to state carnival ride regulation, Oregon falls somewhere in the middle, between California – a state with a dense thicket of amusement park and carnival regulations – and Alabama, where regulation is essentially nonexistent.” (if you are travelling this summer it is worth clicking on the link to that article at the end of this post and scrolling down to the map detailing the extent of carnival regulation state-by-state).

August 9, 2018

Portland and e-scooters: So many questions

by Matthew D. Kaplan

Over the years I have written a lot about the way bikes, pedestrians, cars and public transport all interact on Portland’s streets. In recent weeks something new has joined this mix: e-scooters. As a technology, these have been around for several years they are now appearing around Portland in far greater numbers after the city’s Bureau of Transportation issued permits to two e-scooter rental companies at the end of last month.

According to local TV station KGW, “the introduction of e-scooters is part of the PBOT’s shared scooter pilot program, which will last through November 20. As part of the 120-day program, permitted companies will be able to offer scooters for rent. The total number of permitted scooters will be capped at 2,500… People can rent a scooter through an app and drop it off anywhere in the city when they are finished.”

That all sounds simple and straightforward enough, but, as is so often the case, the details look a lot more complicated. During its recently completed 2018 session the Oregon legislature modified a lengthy list of statutes related to e-scooters (click here for the complete list). Unfortunately, when one looks at the actual text (see links below) several sections are frustratingly vague.

August 2, 2018

Multnomah County Crash Raises Questions about Kids and Motorcycles

by Matthew D. Kaplan

Late last week The Oregonian, citing the Multnomah County Sheriff’s Office, reported that “a Portland man died and two others were injured when a motorcycle and car collided… in Fairview.” The accident took place late at night on Northeast Halsey Street. According to the paper, a westbound motorcycle carrying both an adult and a child “collided with an eastbound car at Halsey and Seventh streets.”

The motorcycle’s driver was pronounced dead at the scene. His passenger (whose age was not announced) was taken “to a local hospital with serious injuries. The car driver had minor injuries and was also taken to a hospital.”

Many of the details of this incident remain unclear. Notably, the media reports do not say in which lane (eastbound or westbound) took place, making it difficult at this point to speculate about who may have been at fault. Two things, however, are clear. First, the accident serves as a reminder of the special responsibilities adults have when they have children as passengers in motor vehicles, or are responsible for an accident in which a child is killed or injured. Second, this incident highlights some disturbing loopholes in Oregon’s child safety laws when it comes to motorcycles.