“Open and Obvious” Conditions and Unreasonable Danger in Premises Liability

Instructing Potential Jurors about Open and Obvious Conditions An “open and obvious” condition is not a total bar to recovery in premises liability cases because to hold so would interfere with the purpose of comparative negligence statute. Indeed, the “open and obvious” defense is in fact the dfense of assumption of the risk. The law notwithstanding, this … Read More

The Reasonably Safe Premises Test in PL Jury Selection

It is important to address the duties of a landowner during voir dire in premises liability cases.  These duties include the duty to exercise reasonable care to make the premises reasonably safe for a business invitee.  The possessor must exercise reasonable care to protect customers from unreasonable risk of harm, including in areas that look … Read More

Juror Biases and Their Identification Process in Voir Dire

I love the fact that plaintiffs’ attorneys get to go first in Voir Dire. Going first means that we have the opportunity to direct and control the voir dire’s initial focus. If we start talking about the defendant’s bad behavior, the jury will analyze that side of the story. Because jurors’ natural instincts are to … Read More

How to Approach Jury Selection in Premises Liability

The most difficult aspect of any premises liability case is liability; specifically, it is the fact that plaintiffs usually control most of the circumstances surrounding the injury. Plaintiffs in premises liability cases have control over where they are looking, what they recognize as dangers, and how fast they are walking. By comparison, people in car … Read More

Oregon’s Financial Responsibility Law for Automotive Insurance

Oregon law requires that automobile policies provide a minimum level of liability coverage.  There are two main reasons for this requirement.  First, it ensures that motor vehicle drivers can respond to damages in liability.  Second, it ensures that all motor vehicle accident victims are compensated for injuries that they sustain. Every automobile insurance policy issued … Read More

Successful Redmond, Oregon, Auto Injury Settlement

The trial detailed in the previous two posts took three days. When they jury returned, they awarded my client the following: $21,000 for medical expenses, $8,480 for lost wages, No Impaired Earning Capacity, which was not a total surprise, given that my client testified that he felt he could do the same work as before … Read More