The elderly population are among the most vulnerable in our society and abuse to these people should not be tolerated. In the state of Oregon around 76,000 people are over 85 years of age. The Department of Human Services receives around 20,000 calls a year reporting suspected abuse. These statistics are sobering because many cases of abuse are unreported either from inability to do so or fear of the abuser. More and more families are placing their elderly members in nursing homes expecting great care.
Elderly abuse in Oregon can be and lead to:
• Physical pain or injury (not from an accident)
• Neglect of care
• Death of nursing home resident
Some abuse can lead to the death of the resident because the death was preceded by neglect of care or physical abuse. When a family member suspects that the death of their family member is from abuse they need to investigate it.
When family members or anyone suspects abuse, they need to talk to supervisors at the nursing home and try to get answers. Take notes of everything observed and conversations so that everything is kept in some sort of record. If this fails to get a positive result, you can report to Adult Protective Services and Department of Human Services in the state of Oregon.
Sometimes the nursing home may know about the abuse happening and not report it because they don’t want their facility closed down. Many nursing homes are understaffed with low paid staff that are not properly trained to take care of the elderly.
Nursing Home Deaths
Premise Liability in Gyms
When someone is injured while using gym equipment, they need to be certain they remember the events leading up to the injury. When using gym equipment, a person needs to ask trainers and other gym personnel how to use the equipment before using it alone. After that, it’s important to always ask questions when needed and know ones personal limits on equipments and don’t go beyond them. Everyone that uses gym equipment has personal liability in regards to any injuries received up to a point. In the state of Oregon, negligence is determined under the Comparative negligence theory, if you are more than 51% at fault, you cannot collect any monetary damages. If you are less than 51% at fault, your monetary damage reward is comparative to your degree of fault.
If a gym is knowingly using old or broken equipment they could be held accountable for their negligence. In order to prove this in Oregon you need to prove all of the following items:
• Gym owes the member a duty of care
• Gym breached that duty
• Injuries happened
• The breach in duty directly caused the injuries
The gym may say that the equipment was regularly inspected by the gym, and it is the manufacturer’s fault for the injury. This is called strict liability for a consumer product and in order to prove this you need to prove all of these items:
• Gym equipment was defective which caused unreasonable danger to the user(s)
• The equipment was used for its intentional use only
• The defect caused the injury
• Injuries happened
Street Racing-Reckless Driving
In the state of Oregon reckless driving is defined as ” willful and wanton disregard for the safety of others.” Oregon has a specific statute for a kind of reckless driving that is very dangerous, street racing. Statute 4511.251 states that when 2 cars start at the same point on a public road and speed beyond the posted speed limit in an attempt for one driver to get to another point first, that is street racing.
The penalties for a street racing charge are:
• Suspension of license for at least 30 days or up to 3 years, a judge cannot undo the first 30 days
• Any other charge applicable if there is property damage
• Manslaughter if someone dies
Street racing is a Class A violation as well as a misdemeanor charge. Since street racing is so dangerous because it usually happens on public streets and causes extensive damage to property, cars and possible death or severe injury; the Oregon Department of Transportation safety manager has further comment on it. He says that “any speed competition, acceleration contest, physical endurance test, making a speed record, or exhibition of speed or acceleration on a public highway” should be considered speed racing.
Racing is definitely a willful and wanton disregard for others and should never be attempted, the risk is to great. If a driver is charged with reckless driving, they need a skillful Oregon attorney to assist them through the process.
Snowmobile Accidents, Bend Oregon
Snowmobiles are a fun outdoor activity enjoyed by many during the winter time. They can also be dangerous. To drive a snowmobile in Bend Oregon you must take a safety training class if you are under 16 years and without a driver’s license. The safety class must be approved by the DMV. After the safety class you will be issued a certificate saying you completed the class. When someone does something that can be dangerous they assume some of the liability. In Oregon, if you are over 51% at fault, you can get no monetary damages if you are injured. Less than 51% at fault, your damages are comparative to your degree of fault.
The company where you bought or rented your snowmobile may say that the snowmobile was regularly inspected by the company, and it is the manufacturer’s fault for the injury. This is called strict liability for a consumer product and in order to prove this you need to prove all of these items:
• Snowmobile was defective which caused unreasonable danger to users
• You used snowmobile for its intentional use only
• Defect caused your injury
• You suffered injuries
Safety is the number one priority when operating a snowmobile and should be at all times.
Hit and Run Collisions
In the state of Oregon, if the driver of a vehicle hits another vehicle or person and then leaves the scene of the accident, they could be charged with a Class C felony. If a driver causes another person to die or is unconscious, they must stay with that person until emergency personnel arrive, if they leave that is a Class C felony. The reasons the driver that causes the accident must stay is to give aid and exchange information with the other person involved. If the hit and run doesn’t involve serious injury or property damage, it is a Class A traffic violation, a misdemeanor. Every driver in Oregon owes a certain duty of care to other people:
• Operate Vehicle at reasonable speed
• Keep Vehicle under proper speed
• Look out for all reasonable situations that could result in an accident
The injured party must prove that the driver directly caused their injuries, the driver could have these defenses:
• Assumption of risk
• Contributory Negligence
• Comparative Negligence
• Emergency Doctrine
The penalty for a Class C felony is up to 5 years in prison and up to $125,000 dollars in fines.
